Art. 112 Code of Civil Procedure of the Russian Federation talks about the consequences of missing procedural steps. What does the law mean by procedural terms and what consequences are provided for when they are ignored? How should the court respond and what are the opportunities for the participants in the process?
Procedural deadlines
The trial, and indeed any other legal process, is built with time limitations. What does it mean? The judge is obliged to decide on the application within the time period specified by law. The parties to the process are in a similar situation, their ability to act is also limited by the period established by law.
The length of time allotted for the commission of actions within the process is called the procedural timeline. The consequences of the pass are stated in Art. 112 Code of Civil Procedure of the Russian Federation. The article refers to the situation of the participants in the process: for example, judges who do not fulfill the deadlines are disciplined, and the injured persons are entitled to request compensation for the delay in the consideration of the case due to the fault of the court.
Consequences of Skipping
Art. 112 Code of Civil Procedure of the Russian Federation indicates the possibility of restoring the deadline if the applicant proves that the pass occurred for good reason and provide the necessary supporting documents. In this case, a violation of the deadline does not mean that the interested party will not be able to resume the trial, submit documents (for example, to enter into the inheritance), etc.
In some cases, an application is not foreseen. For example, in the case of missing the deadline for filing an application for canceling an absentee decision, the applicant has the right to file a complaint with the appellate court.
Expiration is a serious obstacle to the further progress of the case if the court does not agree to restore them.
Recovery Order
Art. 112 Code of Civil Procedure of the Russian Federation describes the general procedure for resolving the issue, but the law may make exceptions.
The request is set out in a statement. For example, in an appeal or other document, the filing of which is limited in time. A request to restore the deadline may be attached to the main document. Remember that the term is not an independent subject of litigation.
Part 2, Art. 112 Code of Civil Procedure of the Russian Federation requires the transfer of documents to the court, which should consider the complaint on the merits. For example, the actions of the bailiff.
If the complaint is submitted to the court late, the applicant must prove to the court that the pass was not due to his fault, but for other objective reasons.
The judge holds a meeting on the restoration of the term, and then, if he agrees with the arguments, he deals with the merits of the complaint. The trial is formally divided into two stages.
The timing decision is made in the form of a determination. Both parties have the right to appeal by filing a complaint with a higher court.
A request may be made at any time, but the law may establish restrictions.
Interestingly, Art. 112 Code of Civil Procedure of the Russian Federation in the current edition almost does not differ from the original text. The difference is caused by changes in the organization of appeal and cassation proceedings. And previously a private complaint was indicated, now just a complaint about the restoration of the term.
Features of the appeal
Materials on the appeal are first transferred to the court of first instance, which checks the readiness of the complaint for consideration. The order is criticized, because the paper is considered by a judge who has already made a decision on the case, and is not in his interests to go to a higher court.
Cassation and supervisory stages
If we consider Part 4 of Art. 112 Code of Civil Procedure of the Russian Federation, there are two ways to resolve the issue: the first for cassation appeals to the courts of the subjects (cities of federal significance, regional, regional and republican). Here, the terms are restored again by the courts of first instance.
If the complaint is submitted already to the board of the Supreme Court of the Russian Federation (second appeal), then the application for reinstatement may be considered by the judge to whom the case was transferred.
Here the reasons should be exceptional, but the judicial practice has developed a unified approach, and the difference in the wording of the articles of the law does not matter.
The transfer of materials to the supervisory authority follows the same pattern as cassation in the Supreme Court.
About the limitations. Judges of cassation and supervision have the right not to accept the request if the circumstances referred to by the applicant took place later than one year after the appeal court was delivered.
What are good reasons
Some of them, the law expressly indicates - a serious illness, helpless state, other reasons that are confirmed by extracts from the medical record, medical history. For example, a person was in a hospital and could not leave him. Other objective reasons are connected with the work of the post office, court, because of which the documents were not delivered on time. There is a delay in sending copies of decisions a few months later. Sometimes the reason lies in the conscious actions of the court, and sometimes in the low level of organization of work of institutions. Congestion plays a role.
The following situation can also be applied by analogy with the Civil Code provision on timelines: the applicant was in a barracks position and could not go anywhere, was on a lengthy business trip, in places of temporary detention or imprisonment.
The law speaks of an objective lack of opportunities. In the case of legal entities: the presence of the boss on a business trip and the absence of a lawyer on staff are not considered valid reasons. Organizations are more vulnerable, although it is generally accepted that they have a large amount of resources.
Judicial practice under Art. 112 Code of Civil Procedure of the Russian Federation paid attention to persons who did not participate in the process, but whose interests were affected. They have the right to intervene at the stage at which it is located.
The approach to assessing the validity of a pass is slightly different. They are obliged to prove to the court, preferably documented, the fact that the information came to them late.