Civil law is one of the most important legal sectors, which regulates relations between individuals and legal entities in matters of the exercise by them of their social and economic rights. The current Civil Code of the Russian Federation contains a huge number of norms that establish the basic provisions of our life, as well as the rules of proper or permissible behavior, which we must follow. Of course, any obligation or right must be realized within a certain period. It may be established directly by contract or law, or it may be absent indicating a reasonable period for the performance of an obligation.
Principles of Law and Process
Before directly studying the terms themselves, it is necessary to determine their place and importance in the legal system. Any legal industry is based on principles, and it makes references to the Code of Criminal Procedure of the Russian Federation and the Civil Code of the Russian Federation. Timing is one of the principles, we will analyze the main ones in more detail.
Principle of equality
A fundamental pillar for any legal field. Due to the equality of rights, any subject is endowed with a certain list of privileges and obligations that is the same for all. Of course, absolute equality cannot be observed, and in some areas one category of people has more rights than another. But this is only if understood superficially. For example, natural rights and those rights that are enshrined in the Constitution. So, absolutely all people have the right to life, respectively, other entities have an associated obligation - to honor this privilege and not violate the law that protects it. Another striking example is legal proceedings. Regardless of its participants, they will have equal rights, they can protect their interests by all unlawful means and have no advantages.
Freedom of contract
It refers only to the branch of civil law, but is incredibly important for it. Thanks to this principle, any person is able to conclude various kinds of agreements, if they are not directly prohibited by law. Thus, we have economic independence, as well as the opportunity to achieve our interests and engage in activities that are beneficial to us.
Independence principle
In both criminal and civil proceedings, it is imperative that its participants are independent from each other. Otherwise, either the dispute does not make sense, or it is created for the purposes of the parties, uses the powers and mechanisms of the state in order to satisfy selfish interests. The defendant and the plaintiff must be independent, and the judge must have such a characteristic. Otherwise, it becomes necessary to indicate bias or affiliation of persons, which is unacceptable.
Reasonable time principle
Any right, as well as any legal process must be carried out within a certain period. Of course, it is far from always possible to establish it precisely. So, for example, a reasonable time in civil law depends on the nature of the relationship, but its variability is practically unchanged. Compliance with this principle ensures both the effective operation of the courts and authorities, as well as the integrity of counterparties in the implementation of their obligations.
We understand the timing
For the most part, everything related to time refers to the resolution of the civil process. In the current Civil Code, the term is much more difficult to find than in the Civil Code, and this is due to the special provision of the two codes. It is the procedural code that regulates the activities of the courts, and also contains a list of necessary actions aimed at protecting their rights. It is difficult to overestimate their significance, and legal proceedings without them are completely impossible. Let's understand in more detail what a reasonable period in civil law is, what it is and whether it differs greatly from other branches of law.
Dates in civil law
To begin with, we turn to all types of terms that are in our industry of law. The term reserved for the exercise of law is recognized as pre-trial. Thus, within its limits you will be able to exercise the powers given to you, without violating the law. Another view is the limitation period. It is designed to protect your rights, and involves not only judicial protection, but also other types. Finally, a reasonable period for the performance of an obligation. As a rule, when we talk about civil law, contracting parties rarely leave this condition unattended. For most entities, maturity is an incredibly important element of the transaction. That is why in almost all contracts we can meet clearly defined dates within which certain obligations must be fulfilled. But what does “reasonable” mean?
A little about reasonable
Imagine a situation when you conclude an agreement with your counterparty to supply the goods you need. You stipulate all the essential conditions: price, quantity and range of goods. But as soon as you begin to agree on a date, a problem arises: your warehouse is occupied with other items, and there is no longer any place in it. Thus, you ask the counterparty to deliver the goods to the specified point as necessary, that is, you determined the time of fulfillment of the demand on demand. However, at your first call, the counterparty will not be able to bring you the subject of the contract, because it may be difficult for him at a certain moment, and the Civil Code of the Russian Federation does not assign him such duties. In this case, the terms can be seriously extended, which will bring you significant losses.
The legislator provided for possible situations and introduced the concept of “reasonable time”. In general, although it is mentioned more than 50 times in the Civil Code, its interpretation is not found at all. There is only one article - the 314th, which leads us to the order of its calculation. So, it is indicated that a reasonable period in civil law does not exceed 7 days. Again, it is important to understand from what date it is counted. If we look at our example with a counterparty and a warehouse, then the partner from whom we were required to bring the goods to the destination will have 7 days to fulfill his obligation from the moment such a request is received.
Not without some gaps. So, in addition to fulfilling obligations, we have a guarantee institution. Imagine the following situation: you instructed your friend to conclude a sales contract with a third party in your interests. The trustee completed all the necessary set of actions, but on his own initiative decided to slightly change the terms of the contract. In this case, it will turn to its client for approval. And you will have to give your answer within a reasonable time. In civil law you will not find an example for such a relationship. We should be guided only by the provisions of Art. 314 of the Civil Code of the Russian Federation.
Process
Do not forget about the authorities, whose relationship with us is also regulated by law. Judicial law is responsible for the production of legal disputes with the participation of authorities. So, we have a separate Code of Civil Procedure, which clearly defines the limits, parties, responsibilities, rights and much more. The reasonable time in civil law and the process is not the same, and therefore requires further study.
To begin with, we note that the Code of Civil Procedure does not regulate relations between the parties, does not indicate to them what arrangements should be reached, etc., it deals only with the resolution of legal disputes. Here you will come across a different concept - “a reasonable period of legal proceedings”. That is, this is the period during which the court must take the entire necessary package of actions to resolve a specific dispute. So, Art. 6.1 GIC immediately tells us about reasonable deadlines. True, already in part 2 he makes a small decoding, according to which, they cannot be exemplary or abstract. Each of these terms is clearly defined in the code, for example, the time for which a decision must be made in the case. Of course, such terms can be extended for reasons and reasons set forth in the code, but their extension is also of a certain nature.
However, there are minor exceptions. For example, judicial law does not always establish a clear deadline for the execution of a court decision. Imagine that you applied to the competent authorities for the protection of your rights, your requirements are to oblige the counterparty to pay for the goods delivered by you. The court has accepted your side and issued the relevant decision. There are no deadlines for the execution of such an act. If the counterparty continues to evade fulfillment of its obligations, you can contact the appropriate authorities. But your debtor is now in a difficult economic condition, the bailiffs cannot recover anything, just like you yourself. Law and law are often powerless in such matters.
Arbitration process
Our legal system is distinguished by a variety of regulators, as well as spheres of public relations. So, we have arbitration courts that deal with cases involving business entities. Although the agro-industrial complex is incredibly similar to the agro-industrial complex, nevertheless, there are some differences. For example, the similarity of Art. 6.1 - a reasonable period of arbitration proceedings, which is completely identical to the same article in the Code of Civil Procedure. If we talk about the differences, then in this matter they are not so significant, but for example, the assessment of evidence and some subtle points will be different.
Other codes
Separately, you can talk about the Code of Administrative Procedure, but he was born recently, and therefore has not yet managed to get any significant differences. At the moment, it is almost exactly a copy of the Code of Civil Procedure, but if the legislator decided to separate the administrative process, then its further changes will definitely follow.
Criminal law
A reasonable period of legal proceedings is also one of the principles of the criminal process, enshrined in Art. 6.1 Code of Criminal Procedure. True, if we talk about forensics, then the situation here is completely different over time. The procedural code tries to minimize the risks of abstractness, because the price of the issue in such proceedings is much higher, and therefore a reasonable period of criminal proceedings must be precisely defined.
Thus, most of the terms are specific, while others can be appointed by the court. This forces the parties to coordinate their actions as much as possible, and also to prevent the process from being delayed. Law and law in criminal proceedings are much more specific and stricter than civil. Here prevailing peremptory norms.
As an example, imagine that a certain citizen is under judicial investigation. This means that the investigator and other law enforcement agencies have already completed their work and referred the matter to the prosecutor. The citizen is actually innocent. But the judge, once again evaluating the evidence, decides to adjourn the hearing. The whole process is delayed, and the citizen, who will ultimately be found not guilty, for a long time undergoes unjustified infringement. To avoid such situations, a reasonable period of criminal proceedings was introduced. Currently, the courts of general jurisdiction treat him with great attention and try to prevent even a hint of his violation.
Sanctions for violation
But far from always everything happens as the code or the legislator insists. For various reasons, judicial law can be significantly inferior to factual circumstances, as a result of which various violations can occur. In view of such turns, a special compensation was developed for a violation of a reasonable time, which is paid in favor of the injured person.
Currently, Federal Law No. 68 fully regulates this problem. Thus, compensation for a violation of a reasonable time may be paid in the case of prolonged proceedings or the enforcement of a court decision. In this case, the party will need to justify why it believes that the authorities, through their own fault, committed such a violation. The amount of compensation is not clearly defined and depends on the will of the applicant, as well as the decision of the court, which, having evaluated all the above circumstances, will make its decision. Such payments must be made by the state itself in accordance with the Budget Code, which means that such claims, based on the above Federal Law, cannot be brought against your counterparty.