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Publication date: 16.05.2024
About the importance of observing procedural deadlines
Adherence to procedural deadlines is critically important in legal cases, as it ensures the fairness and efficiency of the judicial process. Procedural time limits set clear deadlines for taking procedural actions, such as filing documents, appeals or other legal applications, allowing all parties to the case sufficient time to prepare and respond.
The importance of observing procedural terms:
Ensuring legal certainty: Time limits help avoid legal uncertainty by ensuring that cases are heard and resolved in a timely manner.
Prevention of delay of cases: They prevent unintentional or intentional delay of cases which can lead to miscarriage of justice.
Equality of parties: Compliance with deadlines ensures equality of conditions for all participants in the process, regardless of their status or resources.
Judicial efficiency: Time limits promote effective and efficient judicial proceedings, reducing the burden on the judicial system.
Negative consequences of missing procedural terms:
Loss of the right to appeal or appeal: Missing the deadline may result in the loss of the opportunity to appeal the court's decision or file an appeal.
Impossibility of protecting interests: The missed term may limit or make it impossible to protect the rights and interests of a person in court.
Financial loss: Missing a deadline can result in financial loss, for example through fines or damages.
Damage to reputation: For legal entities, missing deadlines can negatively affect reputation and business relationships.Therefore, compliance with procedural terms is fundamental for ensuring justice and protecting the legitimate interests of all participants in the legal process. It is important not only to know your rights, but also to understand your responsibilities to comply with the terms set by the court.
Procedural terms in the civil process of Ukraine are a key element that ensures the timeliness and efficiency of judicial proceedings.
Concept of procedural terms:
These are time intervals established by the Civil Procedure Code of Ukraine, during which certain procedural actions must be taken by the court and the participants in the process.
Types of procedural terms:
Statutory terms: These are terms that are clearly defined by legislation and cannot be changed without changing the law itself.
Court terms: These are the terms set by the court at its discretion, depending on the specific circumstances of the case. Such a term should take into account the time required for the execution of a procedural action.
Calculation of procedural terms:
Terms are calculated in years, months and days, and can also be determined by an indication of an event that must take place.
Beginning of the procedural term: The calculation of the procedural term begins the next day after the specified calendar date or after the event that determines its beginning. This means that if the event or date opening the term occurs on a certain day, the first day of the term will be the next day. For example, if the event took place on the 15th, the term begins on the 16th.
End of procedural terms:
1. The term, defined in years, expires on the corresponding date and month corresponding to the final year of the term.
2.The period specified in months expires on the corresponding day of the last month of the period. If the end date of the term falls on a month that does not have this date, the term expires on the last day of that month.
3. If the end date of the term falls on a weekend or holiday, the next working day is considered the last day of the term.
4. The term associated with an event that must inevitably occur expires on the day following the occurrence of this event.
5. The last day of the term lasts until 24:00. However, if before the end of the term it was necessary to carry out a procedural action in a court that closes earlier, the term expires at the moment the court closes.
The deadline is not considered missed if documents or funds were sent by mail or transferred by other means of communication before its expiration.
Suspension and renewal of procedural terms:
Procedural terms can be suspended in cases provided for by law, for example, during quarantine or martial law.
Renewal of the terms is possible by a court decision in case of missing the term due to valid reasons.
The court may reinstate the missed procedural period at the party's request if it recognizes that there were good reasons for the omission, except for situations where reinstatement is prohibited by the Code.
The period established by the court may be extended upon a party's application submitted before its expiration, or upon the initiative of the court itself.
When submitting an application for renewal of the deadline, the appropriate procedural action must be taken at the same time.
If the party missed the deadline for submitting evidence or other materials, this does not release it from the obligation to perform this action.
The decision on the refusal to renew or extend the term is sent to the applicant no later than the next day after it was issued.
The refusal decision can be appealed in the manner prescribed by the Code.
Procedural terms during special periods:
Legislation may provide for special rules for calculating and suspending procedural terms during quarantine, martial law or other special circumstances.
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