The value of procedural terms in a civil process lies in the fact that they serve as important facts that affect the emergence, change and termination of procedural relations.
The concept of procedural deadlines in civil proceedings
The procedural time limit in a civil proceeding is the period of time allotted by a court or law to carry out certain actions by the parties to the dispute. The procedure for calculating, the consequences of missing and ending deadlines is devoted to the 9th chapter of the Code of Civil Procedure.
Terms in the process carry out several functions, namely:
- protective - guarantee compliance with the judicial proceedings,
- security - prevent delays in the process and abuse of rights,
- organizational - governs the duration of procedural actions.
Establishing a framework of procedural timelines is an important condition for ensuring the legitimacy of the activities of the court and the actions of persons participating in the case, and also constitutes a means of regulating relations between the parties.
Types of procedural terms in civil proceedings
The set of procedural terms in a civil process can be conditionally divided according to:
- from the source of destination: for the periods that are directly stated in the legislative acts, and for those appointed by the judicial authority itself;
- groups of subjects for which they are intended: for the court and judicial apparatus, persons who participate in the case and defend their subjective rights, and persons who participate in justice (experts, translators, etc.);
- calculation methods: defined by date, event or specific period.
An example of a period appointed by a court is the length of time approved by the definition for working on the correction of deficiencies in a statement of claim; Law - time to appeal the decision of the first instance.
For persons who are participants in the case, the law defines the time limits for filing a complaint about a decision of the first instance. For participants in production - time for an examination, drawing up conclusions.
An exact calendar date calculates such terms as five days for a decision with a detailed reasoning part (Article 199 of the Labor Code of the Russian Federation). An indication of an event is the deadline for filing a counterclaim (in accordance with Article 137 of the Labor Code of the Russian Federation).
The theory of the process divides the time into paperwork and actually procedural.
Calculation of procedural terms in civil proceedings
According to the provisions of the Code of Civil Procedure of the Russian Federation, procedural periods are calculated in calendar days, months and years. The flow of periods begins on the next day after the specified dates or events, and the end of the procedural terms in the civil process occurs on the last day. The restriction on the calendar date is not the only one, since, in fact, the term is regulated by the court’s work schedule. This does not apply to cases when a document is sent by mail - making a shipment within all 24 hours is not beyond the allotted period.
The procedural periods in the civil process, calculated in calendar years, end on the day of a particular month specified by law or court. The procedural period runs continuously; holidays and weekends are included in it. If the end of the period falls on a day off according to the production calendar, then it ends on the next working day. The opposite rule applies to the beginning of the term, if, for example, a reasoned decision is made on Friday, then the day the month begins for appeal starts on Saturday.
Procedural time in civil litigation: the issue of reasonableness
The concept of reasonableness in determining the procedural period appears in the code everywhere. Process scholars note the evaluative nature of such a formulation, the uncertainty of which negatively affects the work of the law enforcer, gives rise to a variety of interpretations.
In determining reasonableness, international practice takes into account a number of criteria: the complexity and significance of the case, the nature of the actions of the parties. In Art. 6.1 Code of Civil Procedure of the Russian Federation, reference is made to such landmarks as the existing circumstances of the case, the effectiveness of the court, the total duration of the trial, etc. It was also established that in the event of a violation, the court cannot invoke difficulties in organizing the work of the court and changing the process of the judge. If the accepted statement of claim has not been considered for a long time, then the persons participating in the case may address the request for expediting the case to the chairman of the judicial authority, which he shall consider within five days. The result of such an appeal will be a judicial act indicating the date of the meeting and further actions of the court.
Skipping a procedural term in a civil process: consequences
Art. 109 Code of Civil Procedure of the Russian Federation determines a number of consequences caused by the omission of the procedural period. The expiration of the term means the impossibility of the subsequent application of the right to perform procedural actions. If the application or other document is submitted to the court after the expiration of the established period, as a general rule it is not accepted for consideration and must be returned to the applicant.
If the procedural period was violated through the fault of the judicial authority, then this does not have any negative consequences for the parties. In such a situation, it is necessary to file a complaint with the chairman of the court, who will resolve the situation and bring the guilty judge to disciplinary liability. In case of a similar violation of the rights of the parties, the situation may be resolved by a higher court.
The consequences of missing the deadlines also apply to persons not participating in the trial whose rights are violated by the decision.
Good reasons for missing a term in a civil proceeding
Despite the fact that the Code of Civil Procedure speaks of the possibility of restoring the term for valid reasons, the concept itself is not disclosed in the code. Nevertheless, the RF Armed Forces in Decree dated December 11, 2012 No. 29 clarified that as circumstances allowing to speak about the possibility of restoring the term, one can consider the poor state of health of the applicant, the presence of an obstacle independent of the parties.
When deciding on the possibility of restoring the term, the court may also be guided by Art. 112 Code of Civil Procedure of the Russian Federation, in which, along with a serious illness, a number of valid circumstances include a helpless state (exposure to drugs, drugs), family circumstances (caring for a seriously ill loved one, death of a family member). The Civil Code of the Russian Federation also considers the applicant’s illiteracy, for example, his inability to make a statement independently. The court may also take into account the passage of military service.
The Armed Forces of the Russian Federation also clarified in Resolution No. 13 of June 19, 2012, that the deadline can be restored if the court did not comply with the five-day deadline for drawing up the decision in final form or the deadlines for sending copies of judicial acts were violated, which made it impossible to draw up an appeal.
Restoration of procedural terms in a civil process: order
A petition with a request to restore the procedural time limits in a civil proceeding is submitted, together with a document necessary for the commission of an action, to the judicial authority, which would consider the case under normal circumstances (for example, if the appeal period for reviewing a judicial act of a magistrate was missed - to the district court through the first instance). At the same time, the absence of persons duly notified of the meeting does not constitute an obstacle to considering the restoration of the deadline. In Art. 112 Code of Civil Procedure of the Russian Federation it is determined that good circumstances should arise no later than 12 months from the entry into force of the judicial act.
The law does not exclude the possibility of appealing a denial of a request for restoration of time in the form of a private complaint.
Violation by the courts of the procedural term in civil proceedings: practice
The implementation of civil proceedings implies not only the correct, but also relevant to the time frame actions to protect the rights and freedoms of citizens. In this case, the court itself acts as the guarantor of the performance of judicial proceedings. However, in practice it turns out that the courts often do not comply with the requirements of the legislator and the procedural term in the civil process, which entails a lot of negative consequences for all its participants. Similar violations by the state body also occur in terms of procedural timelines. For example, if the accepted claim is not considered for a long time or the final decision is not drawn up on time, judges usually justify such “errors” by the high workload of the apparatus.
There are not so many options for holding judges accountable - this is a challenge or cancellation of the decision (it is worth remembering that a violation of the term is not an unconditional basis). The law also provides for disciplinary liability, but it is rather difficult to bring a judge to it.
Delayed time in litigation before taking action
The party who is trying to evade liability, that is, the defendant, is usually interested in illegally extending the time for consideration of the case. But in some cases delaying the case is also interesting to the plaintiff, for example, if the claims for termination of the contractual sale and purchase relations with the consumer include a penalty charged every day before the obligation is fulfilled. In order to delay time in every possible way, an unscrupulous plaintiff not only filed a lawsuit late (much later after the claim has expired), but also does not provide some documents to the court, in connection with which the application is returned for revision.
Abuse of procedural rights to delay trial
After the claim is accepted, the parties also have a number of means to delay the process. A one-time non-appearance at the court session without any explanation imposes an obligation on the court to postpone the process, especially if by the date of the meeting the apparatus did not receive a notification of delivery of the letter or the envelope itself was not returned. In the case when the deposition occurs more than once, the second side should think about counteraction: you can send a notification by telegram, and also apply for a request to the hospital or organization in order to verify the authenticity of the certificates.
The abuse of procedural rights is possible if the court is convinced of the need to examine the witness, and therefore the meeting will be postponed until the interrogation. You can also tighten the process by filing a counterclaim.
Compensation for violation of deadlines in civil proceedings
In accordance with the requirements of international acts in Russia, Law No. 68-FZ of April 30, 2010 was adopted, guaranteeing the protection of the interests of the parties and providing an opportunity to receive compensation for violation of a reasonable time limit for production. According to the information from the RF Armed Forces Decree of March 29, 2016 No. 11, the application for payment of compensation is submitted through the court, which made a decision with a violation of the deadline to the court, which is authorized to consider the issue.
Thus, the procedural term in a civil process is not only a time period for the performance of actions defined by law, but also a means of regulating the behavior of participants in a trial.