Publication date: 26.05.2024
lawyer, 23 years of experience in enforcement.
PROCEDURAL TERMS IN CIVIL PROCEEDINGS
The terms established by the Civil Procedure Code of Ukraine, also known as civil procedural terms, determine specific terms during which the court and all parties involved in the civil process must take procedural actions. How can these time constraints be used effectively to prevent any potential misunderstandings? Let's delve into this issue together and find out!
According to the Civil Code of Ukraine, there are two categories of term claims:
- established by law;
- established by the court.
The first, being unchanged, cover various aspects, such as the term of service of the summons (as specified in Article 128 Part 5 of the Criminal Code of Ukraine), the term of consideration of the case on its merits (established in Article 210 of the Criminal Code of Ukraine). of the Criminal Procedure Code of Ukraine), initiation of proceedings in the case (as specified in Article 187, Part 1 of the Criminal Code of Ukraine), the deadline for filing an appeal (as specified in Article 354 of the Criminal Code of Ukraine). Criminal Procedure Code of Ukraine), the term for filing a cassation appeal (as provided for in Article 390 of the Criminal Procedure Code of Ukraine) and other similar provisions. On the other hand, the last category of terms depends on the discretion of the court or the specific circumstances of the case. Examples of this type include the following terms:
The terms that must be included in the legal system are not provided by law; rather, they are determined by a court or judge based on the unique circumstances of each case. These conditions cover various actions, such as granting permission to consider the application without eliminating the deficiencies of the claim, as specified in Article 185 of the Civil Procedure Code of Ukraine. In addition, there are provisions on postponement or interruption of court proceedings, as specified in Article 240 of the Criminal Procedure Code of Ukraine. In addition, the procedure for executing court orders is regulated, in particular, by Article 88 of the Civil Code of Ukraine.
The calculation of terms is based on clear provisions set forth in Articles 122, 123, 124 of the Civil Code of Ukraine. These rules apply both to the terms established by law and to the terms determined by the court, and are measured in years, months, days. In addition, deadlines can also be determined by the occurrence of an inevitable event. The exact calculation of the terms of execution of procedural actions is of crucial importance to prevent confusion or illegal behavior.
Under certain circumstances, the progress of the case may be stopped, which will lead to the suspension of procedural terms (as specified in Article 251 of the Code of Criminal Procedure of Ukraine). The suspension of these terms starts from the moment of the occurrence of the event that became the reason for the court to stop the proceedings in the case. For example, situations such as the death of a person, being declared deceased with potential succession, the need for mediation between the parties in a divorce case, the appointment or replacement of a representative, military service, or the inability to proceed with the case until another matter is resolved or a judge is involved dispute In accordance with the second part of Article 254 of the Civil Code of Ukraine, with the resumption of the proceedings in the case, the expiration of the terms is also renewed.
It is important to recognize that the introduction of martial law does not impede the administration of justice and should not serve as a reason to stop the trial. In accordance with current legislation, persons participating in court proceedings retain the right to file the necessary motions that meet the criteria for extending the time limits. In situations where military events affect the course of the case, it becomes imperative to provide convincing evidence to request a change in the established time frame.
In cases where a violation of rights is detected, a lawyer or an attorney of the Legal Service "Consultant" will conduct a legal analysis of the situation and, if necessary, organize a court process within the time limits specified by the current legislation. Timely consultation of a lawyer on the specified issue will help to avoid negative consequences, and will help to restore the violated right in a timely manner. Such legal services can be obtained online on our service.
