Procedural deadlines in civil proceedings: types, calculation, omission, restoration, extension

Classification of procedural deadlines

Procedural deadlines (hereinafter referred to as PS) are periods of time during which certain actions must be carried out by courts and participants in proceedings.

They are divided into two types:

determined by law: when filing complaints, making comments on the minutes of the meeting, filing appeals for additional decisions;
established by the court: to eliminate shortcomings, comments, etc.

Also, periods are set depending on the recipient. For the court, the rules of procedure for considering and resolving cases and accepting statements of claim are determined. For participants in the proceedings – deadlines for filing objections, complaints, and comments.

Briefly: the court must resolve the civil dispute in a timely manner, the plaintiff or defendant must make comments on the protocol, send an application to cancel the court order, or file a complaint. Compliance with the PS is mandatory for everyone.

Commentary on Article 107 of the Code of Civil Procedure of the Russian Federation

1. Procedural deadlines are time periods provided for by federal law or the court, during which certain procedural actions can or must be performed.

The Code of Civil Procedure stipulates that procedural deadlines must be established either by federal law or by a court. Most of the procedural terms are contained in the Code of Civil Procedure itself. However, some procedural deadlines are also contained in other federal laws. For example, in accordance with paragraph 5 of Art. 70 of the Family Code, the court is obliged, within three days from the date of entry into legal force of the court decision on deprivation of parental rights, to send an extract from this decision to the civil registry office at the place of state registration of the child’s birth.

The current Code of Civil Procedure provides for the following deadlines:

1) a three-day period for: a) refusal to accept an application for a court order (Part 2 of Article 125 of the Code of Civil Procedure); b) sending to the parties a copy of the court ruling to cancel the court order (Article 129 of the Code of Civil Procedure); c) sending to persons participating in the case and not present at the court hearing a copy of the court ruling to suspend or terminate the proceedings in the case or to leave the application without consideration (Article 227 of the Code of Civil Procedure); d) drawing up and signing the protocol of the court session (part 3 of article 230 of the Code of Civil Procedure); e) sending copies of the decision in absentia to the defendant or plaintiff who was not present at the court hearing and asked to consider the case in his absence (Article 236 of the Code of Civil Procedure); f) sending a copy of the court decision to eliminate the violation of the law to the head of the state authority, local government body, official, state or municipal employee, the decision, action (inaction) of which was challenged, or to a higher authority in the order of subordination, official, state or a municipal employee (part 2 of article 258 of the Code of Civil Procedure); g) consideration and resolution of allegations of irregularities in the lists of voters, referendum participants (Part 7, Article 260 of the Code of Civil Procedure); h) sending a copy of the court decision that has entered into legal force in the case of the adoption of a child to the registry office at the place where the court decision was made for state registration of the adoption of the child (Part 3 of Article 274 of the Code of Civil Procedure); i) consideration of an application for a compulsory psychiatric examination of a citizen (Article 306 of the Code of Civil Procedure), etc.;

2) a five-day period for: a) issuing a court order (part 1 of article 126 of the Code of Civil Procedure); b) consideration of the issue of accepting the statement of claim for proceedings (Article 133 of the Code of Civil Procedure); c) sending the applicant a reasoned decision to refuse to accept the statement of claim (Part 2 of Article 134 of the Code of Civil Procedure); d) sending the applicant a reasoned ruling to return the statement of claim (Part 2 of Article 135 of the Code of Civil Procedure); e) drawing up a reasoned decision (Article 199 of the Code of Civil Procedure); f) sending to persons participating in the case, but not present at the court hearing, copies of the court decision (Article 214 of the Code of Civil Procedure); g) making comments on the minutes of the court session (Article 231 of the Code of Civil Procedure); h) consideration of comments on the protocol of the court session (part 2 of article 232 of the Code of Civil Procedure); i) consideration and resolution of an application submitted during the election campaign, referendum campaign before voting day (Part 6 of Article 260 of the Code of Civil Procedure); j) filing a cassation appeal against a court decision in a case on the protection of electoral rights or the right to participate in a referendum of citizens of the Russian Federation during an election campaign or preparation and conduct of a referendum (Part 3 of Article 261 of the Code of Civil Procedure); k) consideration of an application for compulsory hospitalization of a citizen in a psychiatric hospital or for extension of the period of compulsory hospitalization of a citizen suffering from a mental disorder (Part 1 of Article 304 of the Code of Civil Procedure); l) consideration of a cassation appeal, presentation in cases of protection of electoral rights or the right to participate in a referendum of citizens of the Russian Federation received during the election campaign or preparation for a referendum (Part 3 of Article 348 of the Code of Civil Procedure), etc.;

3) a seven-day period for the defendant to file an application to cancel the default judgment (part 1 of article 237 of the Code of Civil Procedure);

4) no later than eight days before voting day - to submit an application to cancel the registration of a candidate (list of candidates) (Part 3 of Article 260 of the Code of Civil Procedure);

5) a ten-day period for: a) filing an application for addition or reduction of a fine, as well as for considering an application for addition or reduction of a fine (Part 1 of Article 106 of the Code of Civil Procedure); b) the debtor submits objections regarding the execution of the court order (Article 128 of the Code of Civil Procedure); c) appealing a decision in absentia in the cassation procedure, a decision in absentia of the magistrate in the appeal procedure (Part 2 of Article 237 of the Code of Civil Procedure); d) consideration by the court of an application to cancel a decision in absentia (Article 240 of the Code of Civil Procedure); e) consideration by the court of an application to challenge a decision, action (inaction) of a government body, local government body, official, state and municipal employee (Part 1 of Article 257 of the Code of Civil Procedure); f) filing an application regarding the decision of the election commission, referendum commission on registration, on refusal to register a candidate (list of candidates), initiative group for holding a referendum, on cancellation of registration of a candidate (list of candidates) (Part 2 of Article 260 of the Code of Civil Procedure); g) filing an application for a completed notarial act or refusal to perform a notarial act (Part 2 of Article 310 of the Code of Civil Procedure); h) filing an appeal, filing a complaint against the decision of the magistrate (Article 321 of the Code of Civil Procedure); i) filing a private complaint, submitting a prosecutor to a ruling by a magistrate (Article 332 of the Code of Civil Procedure); j) filing a cassation appeal, submission against the decision of the court of first instance (Article 338 of the Code of Civil Procedure); k) filing a private complaint, a prosecutor’s presentation against the decision of the court of first instance (Article 372 of the Code of Civil Procedure); l) return of a supervisory complaint or a prosecutor’s presentation without consideration on the merits (Article 379.1 of the Code of Civil Procedure), etc.;

6) a fourteen-day period - to make a decision on the case of disbanding an election commission, a referendum commission (Part 11 of Article 260 of the Code of Civil Procedure);

7) one month for: a) execution of a court order (part 2 of article 62 of the Code of Civil Procedure); b) consideration of the case by a magistrate, the case of reinstatement at work, collection of alimony (parts 1, 2 of Article 154 of the Code of Civil Procedure); c) taking measures to eliminate violations of the law according to a private ruling of the court (Part 1 of Article 226 of the Code of Civil Procedure); d) consideration of an application to challenge regulatory legal acts (Part 2 of Article 252 of the Code of Civil Procedure); e) consideration of the case in the cassation instance in the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court (part 1 of article 348 of the Code of Civil Procedure); f) consideration of the case in a court of supervisory authority (except for the Supreme Court of the Russian Federation) (Part 1 of Article 386 of the Code of Civil Procedure), etc.;

two months for: a) consideration and resolution of a civil case by the court of first instance (part 1 of article 154 of the Code of Civil Procedure); b) consideration of an application regarding the decision of the election commission, referendum commission on the results of voting, on the results of elections, referendum (Part 8 of Article 260 of the Code of Civil Procedure); c) consideration of the case in the cassation instance in the Supreme Court of the Russian Federation (Part 2 of Article 348 of the Code of Civil Procedure); d) consideration of the case by way of supervision in the Supreme Court of the Russian Federation (Part 1 of Article 386 of the Code of Civil Procedure), etc.;

9) three months for: a) filing an application to challenge a decision, action (inaction) of state authorities, local governments, officials, state and municipal employees (Part 1 of Article 256 of the Code of Civil Procedure); b) filing an application, a motion to review a decision, a court ruling based on newly discovered circumstances (Article 394 of the Code of Civil Procedure); c) filing an application to cancel the decision of the arbitration court (Part 2 of Article 418 of the Code of Civil Procedure), etc.;

10) six months - to appeal court decisions to the supervisory court (part 2 of article 376 of the Code of Civil Procedure);

11) one year - for filing, after the publication of the results of elections, a referendum, an application for violation of electoral rights or the right to participate in a referendum of citizens of the Russian Federation that took place during the election campaign, referendum campaign (Part 4 of Article 260 of the Code of Civil Procedure), etc.

If federal law does not specify a time limit for completing a procedural action, it may be appointed by the court. In particular, the court may set the following deadlines: 1) for the presentation of evidence (Part 3 of Article 57 of the Code of Civil Procedure); 2) to eliminate the shortcomings of the statement of claim (Article 136 of the Code of Civil Procedure); 3) to carry out preparatory actions (part 1 of article 147 of the Code of Civil Procedure); 4) to provide additional evidence (part 1 of article 150 of the Code of Civil Procedure); 5) for trial (Article 153 of the Code of Civil Procedure); 6) to postpone the trial of the case (Article 169 of the Code of Civil Procedure); 7) to execute a decision obliging the defendant to perform certain actions (part 1 of article 206 of the Code of Civil Procedure); to indicate in the application for the restoration of lost judicial proceedings the purpose of the appeal (Part 1 of Article 315 of the Code of Civil Procedure); 9) to eliminate the shortcomings of the appeal (part 1 of article 323 of the Code of Civil Procedure); 10) to eliminate the shortcomings of the cassation appeal (part 1 of article 341 of the Code of Civil Procedure), etc.

The time limit set by the court must be reasonable. This means that the persons for whom this period is established must have a real opportunity to perform procedural actions (for example, presenting evidence, eliminating deficiencies in procedural documents, receiving notices of court proceedings, etc.). Thus, the Plenum of the Supreme Court of the RSFSR in paragraph 4 of Resolution No. 3 of August 24, 1982 “On the application by the courts of the Russian Federation of legislation regulating the consideration of civil cases in the cassation instance” clarified that the deadline for correcting the shortcomings of a cassation appeal (protest) established by the judge , must be appointed taking into account the real possibility of the applicant receiving certificates, copies of documents and other materials necessary for inclusion in the complaint <1>.

——————————— <1> See: Collection of decisions of the Plenums of the Supreme Courts of the USSR and the RSFSR (Russian Federation) on civil cases. M., 2001. P. 191.

In paragraph 2 of the Resolution of the Plenum of the Supreme Court of the RSFSR dated April 14, 1988 No. 3 “On the application of the norms of the Code of Civil Procedure of the RSFSR when considering cases in the court of first instance” recommendations are given on setting the time limit for the trial. In particular, the Supreme Court of the Russian Federation draws the attention of lower courts to the fact that this period must be sufficient for timely appearance in court and preparation for the case, must be determined in each case taking into account the nature of the case, the awareness of the persons involved in the circumstances of the case, as well as their ability to prepare for trial <1>.

——————————— <1> Ibid. P. 217.

Depending on who the established procedural deadlines are addressed to, they can be of three types: 1) deadlines for taking actions by the court (Articles 126, 154, 214, 217, 227, 230, 232, 260, 348, 382 of the Code of Civil Procedure and etc.); 2) deadlines for performing procedural actions by participants in the process (Articles 106, 128, 136, 150, 231, 237, 261, 310, 321, 338, 372, 376, 394 Code of Civil Procedure, etc.); 3) deadlines for performing procedural actions by other persons (Articles 57, 93 of the Code of Civil Procedure, etc.).

In case of violation of procedural deadlines, adverse consequences may occur for persons participating in the case and for other persons: imposition of a fine, loss of the opportunity to appeal a judicial act, which prevents subsequent procedural actions. Failure to comply with the deadlines established for the court does not prevent the court from performing procedural actions.

If one proceeding combines demands, of which for some a shortened period of consideration is established by law, and for others the general period for consideration is up to two months (for example, cases of establishing paternity and collection of alimony), then the case will be considered within the general period.

The procedural deadlines provided for by the Civil Procedure Code must be distinguished from the deadlines during which the current legislation grants the interested person the right to go to court. The latter, if expressly provided for by law, are not subject to restoration in case of omission, and, as a consequence, the rules of the Civil Procedure Code on the extension or restoration of procedural deadlines cannot be applied to such cases <1>.

——————————— <1> See: Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated February 25, 2004 in case No. 5-03-151.

2. Depending on the method of determination, procedural deadlines can be divided into those determined by: 1) calendar date; 2) an indication of an event that must inevitably occur; 3) period of time.

The calendar date determines the deadlines for scheduling a preliminary trial (Article 152 of the Code of Civil Procedure), scheduling a trial (Article 153 of the Code of Civil Procedure), postponing the trial of the case (Article 169 of the Code of Civil Procedure), the deadline for considering an application for securing a claim (Article 141 of the Code of Civil Procedure), etc.

A number of procedural actions can be performed indicating a certain event that must necessarily occur. For example, such an event may be the adoption by the court of a decision on the case, before which the defendant may file a counterclaim; a third party with independent demands - to enter into the process; plaintiff - abandon the claim; defendant - admit the claim. After filing a statement of claim, the court can initiate a civil case (Article 133 of the Code of Civil Procedure), refuse to accept the statement of claim (Article 134 of the Code of Civil Procedure), return the statement of claim (Article 135 of the Code of Civil Procedure), or leave the statement of claim without progress (Article 136 of the Code of Civil Procedure). The event in this case is the filing of a claim in court.

If the deadline for performing procedural actions is determined by a period of time, then such actions can only be performed during this period. For example, a person who does not agree with a court decision has the right to appeal it within 10 days from the date of its adoption in final form (Articles 321, 338 of the Code of Civil Procedure). The defendant has the right to submit to the court that issued the decision in absentia an application to cancel this decision within seven days from the date of delivery of a copy of this decision to him (Part 1 of Article 237 of the Code of Civil Procedure). Within 10 days from the date of receipt of a copy of the court ruling on the imposition of a fine, the person on whom the fine was imposed may apply to the court that imposed the fine with an application to add or reduce the fine (Part 1 of Article 106 of the Code of Civil Procedure). The debtor, within 10 days from the date of receipt of the court order, has the right to submit objections regarding its execution (Article 128 of the Code of Civil Procedure).

3. Procedural deadlines can be calculated in years, months, days. The current Code of Civil Procedure establishes a very important rule that the procedural period begins the next day after the date or occurrence of the event. For example, the ten-day period for appealing a court ruling to terminate proceedings in a civil case will begin the day after the ruling is issued. The five-day period for issuing a court order will begin the day after the application for the court order is received.

What is the statute of limitations?

Many people confuse the statute of limitations and the statute of limitations, but these are two different concepts.

The limitation period is a time period provided to protect the rights and interests of citizens and organizations, while the procedural period is a period of time for performing specific actions.

The statute of limitations is three years, starting from the date when the citizen became aware of the violation of rights (Article 200 of the Civil Code of the Russian Federation). The maximum statute of limitations cannot exceed 10 years, with the exception of cases when it comes to terrorist acts (Article 96 of the Civil Code of the Russian Federation).

Cost of a claim in civil proceedings

Preliminary court hearing in civil proceedings

Calculation and completion of procedural deadlines

Standard calculation of the PC begins on the day following the date of the event as a result of which actions are taken: rulings are made, cases are accepted for proceedings, and proceedings are scheduled.

There are other nuances that are important for calculations:

The flow of PS is continuous. It includes weekends, working days, and holidays.
The time limits set by the court are determined taking into account the principle of reasonableness.
The PS counted in days does not include weekends and holidays.

Let's look at several different examples of the beginning and end of deadlines according to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013.

No. 1. The period is calculated in years, the date of the event is December 25, the beginning of calculation is December 26. The closing date is December 25 of the following year.

No. 2. The period is 1 month, the event date remains the same. The end is January 25 of the following year, the countdown is from December 26 of the previous year.

No. 3. The period is 10 days, the event is December 25, 2021. Counting from December 26, ending on January 16, 2021 due to the New Year holidays.

Important! These rules also apply in the arbitration process.

What you should know about the end of PS:

when calculated in years, the end occurs on the corresponding date of the last year;
if the end occurs in a month where the required date is missing, the end is made on the last date of the month. (for example, if the end date is February 29, with 28 days, the last date is February 28);
The action for which the PS is established must be carried out before 24 hours of the specified date, i.e. until the next day.

If the action must be carried out in a courthouse or another institution operating according to a schedule, the end is carried out at the end of the last hour of the institution’s work.

Break and adjournment of meetings

A break may be declared by the court within one day or for a period of up to 5 days. In the latter case, a ruling is issued indicating a new hearing date. Previously, courts used the principle of continuity, when during breaks they could not consider other cases.

Now it has been cancelled, and judges can resolve other proceedings (Article 157 of the Code of Civil Procedure of the Russian Federation). After the break, the examination begins from the place where it was finished. The same circle of people participates in the procedure.

A break is declared at the request of the parties or on the initiative of the court, and is more often used in civil proceedings.

Adjournment is a form of ending a meeting by adjourning to another date.

The basis may be:

failure of a participant in the dispute to appear if consideration is impossible;
filing a counterclaim by the defendant;
the need to obtain additional evidence;
technical problems with audio recording and video surveillance systems in the meeting room;
the need to call other witnesses, third parties;
filing by the plaintiff or defendant of a request for postponement in connection with an appeal to a mediator, judicial conciliator (the hearing is postponed for up to two months);
receipt of an application from the authorized body about the illegal movement of a child, if a dispute affecting interests and rights is being considered (delay up to 30 days);
the need for an examination.

The maximum period for adjournment is 2 months, determined by the court on a specific case individually.

During a divorce, at the request of the defendant, a conciliation period of up to three months is assigned. During this time, production is suspended and resumed upon expiration of the period specified in the determination.

Legal advice: if you do not want to get a divorce, the easiest way to delay procedural deadlines is to file a petition to appoint reconciliation. You will be given up to three months to improve your relationship with your spouse.

How long is it permissible to postpone the trial?

Good afternoon. The date of the court hearing was postponed by 1 month due to the judge’s vacation and a new date was set for October 27. Later the secretary called me and said that the case was being postponed again, but for 21 days. After 6 days they called and rescheduled it again for 28 days. How long can this last?

Lawyer Antonov A.P.

Good afternoon According to Art. 154 of the Civil Procedure Code, civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court, unless other terms for consideration and resolution of cases are established by this Code, and by the magistrate before the expiration of a month from the date of acceptance of the application for proceedings. Cases on reinstatement at work, collection of alimony, demolition of unauthorized buildings or their bringing into compliance with the maximum parameters of permitted construction, reconstruction of capital construction projects, established land use and development rules, territory planning documentation, or mandatory requirements for the parameters of capital construction projects established federal laws on challenging decisions of state bodies or local governments on the demolition of unauthorized buildings or on bringing them into compliance with the maximum parameters of permitted construction, reconstruction of capital construction projects, established land use and development rules, territory planning documentation, or mandatory requirements for the parameters of objects capital construction established by federal laws, challenging decisions of state authorities or local governments on the termination of proprietary rights to land plots (rights of lifelong inheritable possession, rights of permanent (indefinite) use) due to failure to fulfill obligations to demolish an unauthorized building or bring it into compliance with the specified parameters and requirements are considered and resolved before the end of the month. Federal laws may establish shortened deadlines for consideration and resolution of certain categories of civil cases. According to Art. 169 of the Civil Procedure Code, adjournment of the trial of a case is allowed in cases provided for by this Code, as well as in the event that the court finds it impossible to consider the case at this court hearing due to the failure of any of the participants in the process, the filing of a counterclaim, the need to present or require additional evidence , involving other persons in the case, performing other procedural actions, the occurrence of technical problems when using technical means of conducting a court hearing, including video conferencing systems. The court may postpone the hearing of the case for a period not exceeding sixty days at the request of both parties if they decide to conduct a mediation procedure. The court is obliged to postpone for thirty days the hearing of a case related to a dispute over a child in the event of receipt of written notification from the central authority appointed in the Russian Federation in order to ensure the fulfillment of obligations under an international treaty of the Russian Federation that it has received an application for the illegal transfer of this child to the Russian Federation. Federation or his retention in the Russian Federation, with a copy of the application attached to the notification, if the child has not reached the age at which the specified international treaty is not subject to application in relation to this child. If the trial of the case is postponed, a date for a new court hearing is set, taking into account the time required to call the participants in the process or request evidence, which is announced to the persons who have appeared against receipt. Persons who failed to appear and persons newly invited to participate in the process are notified of the time and place of the new court hearing. The hearing of the case after its adjournment is resumed from the moment from which it was adjourned. Re-examination of evidence examined before the adjournment of the case is not carried out.

Thus, even if there are adjournments of the court hearing, the period for consideration of the case should not exceed 2 months.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

Still have questions for your lawyer? Ask them right now here, or call us by phone in Moscow +7 (499) 288-34-32 or in Samara +7 (846) 212-99-71 (24 hours a day), or come to our office for a consultation (by pre-registration)!

Suspension of procedural deadlines

According to Art. 110 of the Code of Civil Procedure of the Russian Federation, the PS are suspended on several grounds for suspending proceedings in the case:

death of the plaintiff, defendant, third party participating in the proceedings;
recognition of the participant as incompetent;
absence of a guardian for the incapacitated party;
sending the defendant to a combat zone, introducing martial law in the territory of residence;
the court's appeal to the Constitutional Court of the Russian Federation to review legislative norms for compliance with the principles of the Constitution;
inability to consider the dispute until another case is resolved in another court;
establishing a time of reconciliation;
receipt of documents during a dispute about children illegally transferred to the Russian Federation in violation of the terms of an international treaty.

Based on Art. 219 of the Code of Civil Procedure of the Russian Federation, renewal is possible after the above circumstances have been eliminated. When it resumes, all production participants are notified.

Extension of procedural deadlines

Extension of the PS for carrying out actions is carried out by court ruling on the basis of Art. 111 of the Code of Civil Procedure of the Russian Federation at the request of a participant in the proceedings.

Good reasons will be required:

serious illness, hospitalization in a medical facility;
unplanned business trip abroad;
force majeure circumstances (fire, flood);
serious illness of a close relative who requires care.

Legal advice: the court may accept other valid reasons. If you need an extension, submit supporting evidence with your petition.

Illness of the judge, session secretary and other circumstances are not grounds for extension. In this case, another judge is appointed. Organizational issues should not affect the rights of the plaintiff and defendant to timely consideration of disputes. The extension does not apply to PS defined by law.

The extension is relevant if the judge has established a PS for you to provide evidence and additional documents in the case, as well as for other reasons after the initiation of proceedings.

Renewal procedure

To extend the PS you need to take several steps:

Prepare and submit a petition.
Wait for a court decision to consider the petition.

If the court finds the reasons valid, you will be given more time.

Sample application

The document must contain the following information:

name of the court, full name judges;
date, number of the determination to accept the claim for proceedings;
what the claim is about;
specific PS;
what actions the applicant must take;
valid reasons;
the date until which the period needs to be extended;
request for extension;
list of attached documents.

At the end there is a signature and date.

Sample request to extend the procedural period:

Official website of the Supreme Court of the Russian Federation

Courts should be guided by the Review on certain issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection (COVID-19) in the Russian Federation No. 1.
On non-working days from May 4 to May 7 by presidential decree of April 23, 2021 No. 242, it is necessary to apply clarifications from the Review on certain issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection (COVID-19) No. 1 in the Russian Federation, follows from the message of the Supreme Court.

Regarding the calculation of procedural deadlines, you need to refer to Review responses 2 and 3. In particular, then the Supreme Court clarified that presidential decrees regarding the establishment of non-working days do not apply to federal government bodies, which are only required to determine the number of federal civil servants ensuring the functioning of these bodies. Therefore, non-working days are included in procedural deadlines and are not grounds for postponing the end of procedural deadlines to the next working day (answer to question 2).

If the last day of the period for which the trial is postponed falls on a non-working day, then taking into account Part 4 of Art. 114 of the APC, the end of such a period is considered to be the first working day following it. The arbitration court should, in relation to Part 1 of Art. 118 of the Arbitration Procedure Code of the Russian Federation, on the first working day, extend the period for adjourning the trial with the appointment of a new court hearing and notify the persons participating in the case and other participants in the arbitration process about the time and place of the new court hearing in the manner and within the time limits provided for by Chapter 12 of the Arbitration Procedure Code. At the same time, the Supreme Court emphasized that postponing the trial for a period that exceeds the period of Art. 158 of the APC, is carried out if there are appropriate grounds, and the period for which the trial is postponed is not included in the period for consideration of the case established by Part 1 of Art. 152 of the Arbitration Procedure Code (Part 3 of Article 152 of the Arbitration Procedure Code of the Russian Federation) (answer to question 3).

It will be possible to restore missed procedural deadlines in accordance with procedural legislation for good reasons, both due to circumstances related to the personality of the person concerned (serious illness, helpless state, illiteracy, etc.), and in connection with circumstances that prevented the implementation of the right within the established period. by law (answer to question 4).

The Supreme Court noted in the Review that in the absence of other grounds for exemption from liability for failure to fulfill an obligation, the establishment of non-working days is not a basis for postponing the deadline for fulfilling an obligation. And he emphasized that if the creditor did not repudiate the contract, the debtor, after the circumstances of force majeure ceased (if they were established) in relation to clauses 1, 2 of Art. 314 of the Civil Code is obliged to fulfill the obligation within a reasonable time. Similarly, the Supreme Court called for action when determining the moment of expiration of the limitation period in the absence of those provided for in Art. 202 of the Civil Code of the grounds for its suspension (answer to question 5).

On the issue of restoring and suspending the statute of limitations, the Supreme Court noted that the classification of certain circumstances as force majeure circumstances should be examined by the court only if there is an application from the defendant or a third party and objections from the plaintiff presenting evidence of the presence of such extraordinary and unavoidable circumstances that would prevent the presentation of this claim. Therefore, measures taken by government authorities aimed at preventing the spread of the new coronavirus infection (COVID-19), if they prevented the filing of a claim, may be recognized as grounds for suspending the statute of limitations (answer to question 6).

When restoring the deadlines provided for by bankruptcy legislation, the courts should keep in mind that the restoration of the deadlines for creditors to present claims in a bankruptcy case and (or) recognition of compliance with the deadlines for taking other actions in a bankruptcy case must be carried out taking into account the actual circumstances of each specific case (answer to question 11).

According to the calculation of the time limits for the entry into force of decisions on administrative offenses, if the end of the period for appealing the decision falls on a day declared a non-working day by presidential decree, the last day of such period is not postponed to the next working day, and the decision comes into force on the next day after the expiration of the said period . At the same time, the courts must not forget that when setting a deadline for filing a complaint (protest) against a decision in a case of an administrative offense, the Code of Administrative Offenses allows for the possibility of restoring this deadline if it is missed at the request of the person filing the complaint (protest). The petition must contain the reason for missing the deadline. Among the valid ones, the Supreme Court named circumstances that objectively prevented or excluded the timely filing of a complaint (the person being treated in a medical institution, the use of isolation or restrictive measures (answer to question 26).

Alexander Inoyadov, lawyer, head of criminal practice at BMS Law Firm, considers this decision of the Supreme Court logical in the context of coronavirus legislation and the working hours of the courts these days. Lawyer Andrei Saunin believes that interested parties should hurry up with filing procedural documents, because the courts are cautious about reinstating missed deadlines due to non-working days. “Mail can now be sent by electronic registered mail, and documents can be submitted to the courts through electronic systems,” he recalled.

Pravo.ru

Restoration of procedural deadlines

Restoring the legal obligation and the statute of limitations are not the same thing. In the first case, it is implied that the period specified for the plaintiff or defendant by the court has been missed to eliminate the deficiencies, if a request for an extension has not been filed. In the second, the deadline for filing a claim is missed.

According to Art. 112 of the Code of Civil Procedure of the Russian Federation, the specified period can be restored by the courts for reasons that are considered valid. To do this, it is enough to submit an application to the judicial authority, where the action must be performed: documents are presented, a complaint is filed, etc. The application is considered at a meeting, and based on the results, a decision is made on renewal or refusal.

Note! Restoring the period for filing a complaint to higher authorities is possible in exceptional cases if the court considers the reasons for the absence to be valid. In this case, the circumstance preventing the appeal occurred no later than 12 months from the date the decision entered into force.

Sample application

An application for restoration of a missed PS must contain complete data:

FULL NAME. judges, name and address of the court;
Full name, address of the applicant;
details of the case under consideration;
description of valid reasons;
request for reinstatement.

At the end, the documents submitted with the application are indicated, dated and signed.

Sample application for restoration of procedural time:

Analytics Publications

Time is an essential factor that significantly influences legal relations. The timing determines the emergence, change, and termination of legal relations. Despite the relative simplicity of their calculation, in practice there are many nuances, ignorance of which can lead to negative consequences. Let us analyze the most common problems of calculating time limits in civil legal relations.

General rules for calculating deadlines

Chapter 11 of the Civil Code gives the basic rules for calculating deadlines. The term is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours. The deadline can also be determined by an indication of an event that must inevitably occur (Article 190 of the Civil Code).

The period begins the next day after the calendar date or the occurrence of the event that determines its beginning (Article 191 of the Civil Code of the Russian Federation). Moreover, such a formula applies only to the term indicating the period of time.

In accordance with Article 192 of the Civil Code of the Russian Federation, the period can be calculated in years, months, days, and it can also be set at half a month or a multiple of quarters.

In this case, the year expires on the corresponding month and date of the last year of the period (clause 1 of Article 192 of the Civil Code), the month - on the corresponding day of the month. If there is no corresponding day in the month (for example, February 30), then the period expires on the last day of the month. The calculation of deadlines in quarters follows the rules applicable to months. If the parties have agreed on a period in weeks, then the period expires on the corresponding day of the last week of the period.

Article 194 of the Civil Code of the Russian Federation contains provisions regarding the calculation of deadlines when performing actions on the last day: it must be completed before twenty-four hours of that day. If you need to perform any action in an organization, then it must be performed no later than the hour when, according to the established rules, the performance of these actions stops in this organization. If we are talking about the transfer of letters or other documents, then they must be submitted to the post office for forwarding to the appropriate organization no later than twenty-four hours of the last day of the deadline. In this case, the deadline will be considered met.

If the last day of the period falls on a non-working day, the end day will be considered the next working day (Article 193 of the Civil Code). It should be especially emphasized that this rule applies exclusively to the end of the period. If the deadline begins to run on a weekend, it is taken into account in the calculation as a regular calendar day[1].

However, there is an exception to this rule of ending on a non-working day. The carrier is obliged to deliver cargo, passengers or luggage to the destination within the time limits determined in the manner prescribed by transport charters and codes, and in the absence of such terms - within a reasonable time (Article 792 of the Civil Code). The courts point out that transportation is a continuous transport process regulated by special norms, therefore, in case of delay in delivery of goods, Art. 193 of the Civil Code of the Russian Federation does not apply[2].

Participants in civil legal relations can also use terms that are not in the law. For example, minutes or hours. They need to be calculated by analogy with Art. 192 of the Civil Code of the Russian Federation. Since minutes or decades fully comply with the principles of achieving legal certainty, their use by analogy with the units of calculation established by the Civil Code of the Russian Federation does not contradict the law. As you know, the use of minutes is quite common when calculating terms in insurance, rental contracts, or when providing airtime for advertising.

Procedural deadlines

The procedural law provides for almost identical rules for calculating deadlines with the rules enshrined in the Civil Code. However, there is one significant caveat in the arbitration process - the terms calculated in days do not include non-working days (Part 3 of Article 113 of the Arbitration Procedure Code of the Russian Federation).

In practice, this feature is sometimes not taken into account even by the courts. The trial court made its decision on May 5, 2021. On May 30, 2021, the applicant filed an appeal. However, the court returned the complaint citing the missed 15-day deadline for appeal. According to the appeal court, the deadline expired on May 26, 2021. The cassation court corrected the lower court and reminded that non-working days are not taken into account. In this situation, the first day of the appeal period is May 10, the last day is May 30. The applicant did not miss the deadline for filing an appeal[3].

In civil proceedings, deadlines are calculated in calendar days, and in arbitration – in working days.

It is better to provide in contracts the procedure for determining the beginning and end of terms

In contracts, parties often use units of time such as “working day” and “banking day”. These terms can cause problems if the agreement does not set a meaning that allows the will of the parties to be reliably determined.

Calendar day.

As a general rule, when calculating deadlines in days according to the Civil Code, calendar days are used. A calendar day is a period of time lasting twenty-four hours. A calendar day has a serial number in a calendar month (Federal Law dated 06/03/2011 No. 107-FZ “On the calculation of time”).

Thus, when calculating deadlines in calendar days, it is necessary to be guided by the number of all days in the stipulated period of time, including taking into account the peculiarities of February. In most cases, there are no difficulties when using this approach.

Working day.

If the parties have not agreed on a different interpretation of the concept of a working day, then, as a general rule, the working day is calculated according to the norms of labor legislation (Articles 111, 112 of the Labor Code of the Russian Federation). Courts generally consider Saturdays and Sundays[4], as well as holidays, as non-working days, unless otherwise applicable, for example, in the case of a six-day working week[5]. When setting deadlines in working days, it is important to remember that the Government may postpone weekends. Therefore, in some cases, a weekday that does not fall on a non-working holiday may be established as a non-working day on the basis of a resolution of the Government of the Russian Federation. This may affect the final timing calculation.

Banking day.

There is no concept of “banking day” in Russian legislation. There is a definition of a “transaction day” approved by the Bank of Russia in clause 1.3 of the Regulations on the Chart of Accounts for Credit Institutions and the procedure for its application. Within the meaning of this provision, a “transaction day” is a period of time during which banking transactions are carried out.

If in the contract the parties linked the terms to banking days, but did not clarify this concept, the courts in most cases calculate such terms in calendar days[6]. Although there is another practice that equates banking days to working days[7].

If the parties intend to calculate deadlines in non-calendar days, in order to reduce the risks associated with incorrect calculation of deadlines, it is worth including in the contract a procedure for determining the beginning and end of deadlines. Another option is to provide specific dates, although this is not always applicable.

At the request of the injured party, the deadline can be recognized as having expired

Parties often tie the beginning of the period to the occurrence of an event. Such an event must inevitably occur (paragraph 2, paragraph 1, article 190 of the Civil Code). In practice, disputes arose regarding what constitutes an event that must inevitably occur. Is it possible to consider the completion of work or delivery of goods as the beginning of the deadline? As the Presidium of the Supreme Arbitration Court of the Russian Federation explained in information letter dated January 11, 2002 No. 66 “Review of the practice of resolving disputes related to rent,” the period can only be determined by indicating an event that must inevitably occur, that is, does not depend on the will and actions of the parties. Although the Supreme Arbitration Court of the Russian Federation subsequently allowed a deviation from this position, for example, if the initial moment of the period of performance of work by the contractor is determined by an indication of the actions of the customer or other persons, then it is assumed that such actions will be performed within the period stipulated by the contract, and in its absence - within a reasonable period . In this case, the deadlines for completing the work are considered agreed upon (clause 6 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 25, 2014 No. 165 “Review of judicial practice on disputes related to the recognition of contracts as unconcluded”).

However, due to amendments to Article 314 of the Civil Code of the Russian Federation and the appearance of Article 327.1 of the Civil Code of the Russian Federation, the explanations of the Supreme Arbitration Court of the Russian Federation have lost their relevance. As follows from the meaning of these articles, the calculation of deadlines can be carried out if it is possible to determine the moment of fulfillment of the obligation or the time period, while the fulfillment of obligations, exercise, change and termination of rights under the obligation may be conditioned by an event, including one dependent on the will of the parties. For example, if the contract provides for the customer’s obligation to pay the advance payment within 10 days after the start of the work specified in the customer’s application (resolution of the Arbitration Court of the North-Western District dated May 12, 2017 in case No. A42-1728/2016). In this case, the court found that it was possible to establish the terms agreed upon by the parties to the contract, even taking into account the fact that the beginning of the period depended on the will of the customer.

A deterrent to abuse by the parties (which was the reason for the application of the provision on an event that does not depend on the will of the parties) is the possibility of applying, at the request of the injured party, the provisions of the Civil Code of the Russian Federation on recognizing the circumstance as occurring or not occurring, respectively. This was indicated by the Plenum of the Supreme Court of the Russian Federation in its resolution of November 22, 2016 No. 54 “On some issues of application of the general provisions of the Civil Code of the Russian Federation on obligations and their execution,” which was also supported by the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2017).

Thus, it is currently possible for the parties to the transaction to agree upon the beginning of the course of events that depend on the will of the parties or on other conditions, the occurrence of which is not obvious. However, the parties must understand the risks associated with such a condition, since in the event of dishonest behavior of the counterparty, the fact of the occurrence or non-occurrence of the event will have to be established in court.

Calculation of the validity period of a power of attorney

In practice, there is an ambiguous interpretation of the rules regarding the beginning and end of the power of attorney.

In accordance with paragraph 1 of Article 185 of the Civil Code of the Russian Federation, a power of attorney is recognized as a written authority issued by one person to another person or other persons for representation before third parties.

As the Supreme Court of the Russian Federation has repeatedly pointed out[8], a power of attorney is a unilateral transaction, from which arises the right of the attorney to act on behalf of the principal. Consequently, the calculation of the validity period of powers of attorney is fully subject to the provisions of Chapter 11 of the Civil Code of the Russian Federation, since this does not contradict the law, the unilateral nature and essence of the transaction (Article 156 of the Civil Code of the Russian Federation).

Paragraph 1 of Article 425 of the Civil Code of the Russian Federation establishes that the contract comes into force and becomes binding on the parties from the moment of its conclusion. Accordingly, since no other rules apply to the power of attorney, the start date (entry into force) is the moment of its conclusion (issuance). That is, it begins to operate from the moment it is issued (immediately after signing). The courts take exactly this approach[9].

There is also a point of view that the power of attorney begins to be valid the next day after the date of its issue. Especially if it is issued for a certain period of time, then the norms of Article 191 of the Civil Code of the Russian Federation apply. This approach seems incorrect, since it contradicts the logic of the very institution of representation. A person, having decided to grant powers to his representative at a certain moment, expresses his will by signing the corresponding power of attorney. That is, by signing the document, the principal thereby transfers authority to the attorney, and no special procedure is required for such an external expression of will to “come into force.” That is why counting down the start date of the power of attorney to the next day is a vicious practice that violates the rights of the principal. Moreover, in this case, one can be guided by the analogy of paragraph 1 of Article 186 of the Civil Code of the Russian Federation, which states that if the power of attorney does not contain a validity period, then it remains in force for a year from the date of its execution.

Despite this logic, it is worth considering this issue of the beginning of the period as a risk. Since powers of attorney are issued not only for participation in a court hearing, references to judicial practice may not find a response from the counterparty or the official. That is why, when issuing a power of attorney, you should approach its execution wisely, indicating specific terms of its validity in order to avoid any possible negative consequences.

In practice, questions also arise regarding the termination of a power of attorney. It ceases to be valid (the rights cease to be valid) on the next day after the date specified in the power of attorney itself, or the period for which it was issued, while the rules for calculating the end of terms discussed above apply, including the rules of Article 193 of the Civil Code of the Russian Federation on the transfer expiration date on the next working day in case of expiration of the power of attorney on a non-working day.

It should be noted that some courts do not always adhere to the logic of Article 193 of the Civil Code of the Russian Federation. Thus, in the resolution of the Federal Antimonopoly Service of the Moscow Region dated July 18, 2005 No. KG-A40/5455-05, the appeal ruling of the Saratov Regional Court dated May 5, 2015 in case No. 33-2507, the courts used the opposite logic: a power of attorney, the validity of which expires on a day off, ceases act on the specified date. It is necessary to make a reservation that the courts did not motivate these conclusions in any way, therefore it is impossible to analyze the logic of the courts that allowed such an interpretation of the expiration of the power of attorney. It seems that this position is still erroneous, since it contradicts the norms of the Civil Code of the Russian Federation and the position of the Supreme Court of the Russian Federation, given the uniqueness of such judicial acts, and cannot act as relevant judicial practice.

Despite the fact that the legislation of the Russian Federation and the Supreme Court[10] contain a comprehensive answer regarding the expiration of the limitation period, the suspension of their running and the restoration of the missed period, in practice there are cases when a claim is filed in the last days before the expiration of the limitation period by an unauthorized person, or with an expired power of attorney for signing for the purpose of interrupting the period or its subsequent restoration. It appears that such actions are not effective.

In accordance with paragraph 1 of Article 204 of the Civil Code of the Russian Federation, the limitation period does not run from the date of application to the court in the prescribed manner for the protection of a violated right throughout the entire time that judicial protection of the violated right is carried out.

The established procedure in this norm means compliance with all requirements of procedural legislation when filing the relevant application. In other words, the statement of claim must substantially comply with the established criteria, relevant documents must be attached to it, and other necessary requirements must be met (for example, on compliance with the pre-trial procedure for resolving the dispute).

Otherwise, such a statement must be left without movement until the violation is eliminated (Article 128 of the Arbitration Procedure Code of the Russian Federation, 136 of the Code of Civil Procedure of the Russian Federation). If the violations are eliminated, then the application is considered filed on the day of its initial receipt by the court and is accepted for proceedings; accordingly, paragraph 1 of Article 204 of the Civil Code of the Russian Federation will apply. If the violation is not eliminated, the application must be returned, and the statute of limitations will run uninterrupted[11]. It should also be taken into account that the wording of Article 205 of the Civil Code of the Russian Federation, as well as the Supreme Court, indicate that only an individual can exercise the right to restore a missed deadline, and then in exceptional cases related to his personality. In such circumstances, the expiration of the power of attorney, for example, due to oversight, will not be grounds for reinstating the term.

The above features are only part of the problems that arise in practice when calculating deadlines. At first glance, a simple issue of calculating deadlines if not sufficiently worked out, for example at the stage of agreeing on the terms of a contract or when considering disputes in court, can lead to negative consequences. In this regard, lawyers should pay more attention to this aspect in their practice, especially in the context of the ongoing reform of civil legislation and the development by the Supreme Court of new approaches to resolving disputes.

[1] Resolution of the Federal Antimonopoly Service of the Ural District dated January 25, 2010 in case No. A50-3486/2009.

[2] Resolution of the Ninth Arbitration Court of Appeal dated October 21, 2016 in case No. A40-182672/2014; ruling of the Supreme Court of the Russian Federation dated June 5, 2015 in case No. A56-34833/2013.

[3] Resolution of the Moscow District Court dated September 12, 2017 in case No. A40-45436/2017.

[4] Resolution of the Seventeenth Arbitration Court of Appeal dated November 22, 2010 in case No. A60-23317/2009, resolution of the Eighth Arbitration Court of Appeal dated May 13, 2013 in case No. A46-30150/2012).

[5] Resolution of the Eighth Arbitration Court of Appeal dated October 13, 2016 in case No. A70-2071/2016.

[6] Resolutions of the Arbitration Court of the North Caucasus District dated December 23, 2014 in case No. A32-12041/2014, FAS of the West Siberian District dated September 21, 2009 in case No. A45-1535/2009, the Fifteenth Arbitration Court of Appeal dated October 2, 2015 on case No. A32-12617/2015.

[7] Resolutions of the Federal Antimonopoly Service of the Ural District dated 08/26/2013 in case No. A60-46805/2012, the Seventeenth Arbitration Court of Appeal dated 03/09/2016 in case No. A71-10257/2015, the Seventeenth Arbitration Court of Appeal dated 07/06/2011 in case No. A60- 46145/2010.

[8] See, for example, Review of judicial practice of the Supreme Court of the Russian Federation No. 3 (2015), Ruling of the Supreme Court of the Russian Federation dated June 28, 2011 No. 18-B11-26.

[9] Resolutions of the Thirteenth Arbitration Court of Appeal dated November 14, 2016 in case No. A56-23288/2016, Seventeenth Arbitration Court of Appeal dated May 25, 2011 A76-19276/2010.

[10] Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 No. 43 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period.”

[11] Clause 17 Resolution of the Plenum of the RF Armed Forces dated September 29, 2015 No. 43, Resolution of the Eleventh Arbitration Court of Appeal dated December 9, 2015 in case No. A72-9082/2015, Appeal ruling of the Krasnoyarsk Regional Court dated August 31, 2016 in case No. 33-11655 /2016.

Lawyer's answers to questions about procedural deadlines in civil proceedings

What deadline do the courts set for providing additional evidence?

The period is determined by the judge individually, within reasonable limits and taking into account the provisions on the duration of consideration of civil cases.

I want to restore the statute of limitations. What should I do?

To do this, you need to collect evidence of valid reasons for missing your absence and draw up a statement of claim. The request for reinstatement can be reflected in it; it is not necessary to submit it separately. If satisfied, the judge will issue a ruling to accept the claim for proceedings.

The last day of the procedural period falls on a weekend. Will it carry over?

Yes. According to Art. 108 of the Code of Civil Procedure of the Russian Federation, if the stated period ends on a weekend or holiday, the end is postponed to the next working day following it.

The case was first considered by one court, then, due to a change of registration address by the defendant, it was transferred to another. When should this be completed?

The transfer is carried out within 15 days - the period for appealing the determination of transfer according to jurisdiction (Article 33 of the Code of Civil Procedure of the Russian Federation).

The court accepted the operative part; the reasons will be drawn up later. When does the appeal period begin?

The calculation of the PS in this case begins from the date of the decision in its final form (Article 321 of the Code of Civil Procedure of the Russian Federation).

Terms in civil (material) law

The beginning of any period defined by a period of time begins the next day after the calendar date or the occurrence of the event that determines its beginning (Article 191 of the Civil Code of the Russian Federation).
The end of a period defined by a period of time. In accordance with Art. 192 of the Civil Code of the Russian Federation 1. A period calculated in years expires in the corresponding month and day of the last year of the term. For a period defined as six months, the rules for periods calculated in months apply. 2. For periods calculated in quarters of the year, the rules for periods calculated in months apply. In this case, a quarter is considered equal to three months, and quarters are counted from the beginning of the year. 3. A period calculated in months expires on the corresponding date of the last month of the term. A period defined as half a month is considered as a period calculated in days and is considered equal to fifteen days. If the end of a period calculated in months falls on a month in which there is no corresponding date, then the period expires on the last day of that month. 4. A period calculated in weeks expires on the corresponding day of the last week of the term.

All actions must be completed no later than the last day of the deadline, up to twenty-four hours. However, it is worth keeping in mind that if an action must be performed in any organization, then the period expires at the hour when the corresponding operations in this organization, according to established rules, cease. Simply put, no one will sit at the window and wait for you until 24 hours, so be on time!

The most common, frequently mentioned and certainly important period in civil law is the statute of limitations.

The limitation period is the period for protecting the right under the claim of a person whose right has been violated (Article 195 of the Civil Code of the Russian Federation).

I would like to note that the statute of limitations is not at all the period during which a person whose rights have been violated can go to court for the protection of these same rights. You can go to court even after the expiration of the specified period, but if a party to the dispute declares that the statute of limitations has expired, then this fact will be the basis for the court to make a decision to reject the claim. Well, if it is not declared, then the claim will be considered and a decision will be made on the merits.

The general limitation period is three years from the day the person learned or should have learned about the violation of his right (Article 196 of the Civil Code of the Russian Federation)

However, Art. 208 of the Civil Code of the Russian Federation provides for cases that are not subject to the limitation period:

requirements for the protection of personal non-property rights and other intangible benefits, except as provided by law;
depositors' demands to the bank for the issuance of deposits;
claims for compensation for harm caused to the life or health of a citizen;
demands of the owner or other possessor to eliminate any violations of his rights, even if these violations were not combined with deprivation of possession (Article 304 of the Civil Code of the Russian Federation);
other requirements in cases established by law.

The Civil Code provides for so-called special (shortened or longer than the general period) limitation periods.
Yes, Art. 181 of the Civil Code of the Russian Federation provides for a shorter period of limitation compared to the general limitation period: one year for claims to invalidate a contestable transaction.

Part 3 of Art. 885 of the Civil Code of the Russian Federation provides that for the claim of the check holder, the limitation period is six months from the date of expiration of the period for presenting the check for payment.

Recourse claims on claims of obligated persons against each other are extinguished with the expiration of six months from the day when the corresponding obligated person satisfied the claim, or from the day the claim was brought against him.

Also, reduced limitation periods apply to claims arising from certain types of contracts.

1) the limitation period for claims arising from the transportation of cargo is set at one year from the date determined in accordance with transport charters and codes (Part 3 of Article 797 of the Civil Code of the Russian Federation). In this case, the limitation period for claims from the contract of carriage, including the carriage of goods, begins to run from the moment determined in transport charters and codes:

- in accordance with Art. 42 of the Charter of Motor Transport and Urban Ground Electric Transport, the statute of limitations for claims arising from transportation contracts and charter agreements is one year . The specified period is calculated from the date of the occurrence of the event that served as the basis for filing a claim or lawsuit;

- according to Art. 164 of the Code of Inland Water Transport of the Russian Federation, claims of carriers or tug operators against passengers, shippers, consignees, senders of towed objects and recipients of towed objects, other legal entities and individuals arising in connection with the transportation of goods, passengers and their luggage, towing of towed objects may be brought within one year from the date of the occurrence of the event that served as the basis for filing such claims. Claims for claims arising in connection with the collision of ships and the implementation of a rescue operation - within two years ;

— Articles 125 and 126 of the Charter of Railway Transport of the Russian Federation provide that claims against carriers, as well as claims of carriers against passengers, shippers (senders), consignees (recipients), other legal entities and individual entrepreneurs arising in connection with the transportation of goods, luggage, cargo luggage may be brought within 1 year from the date of occurrence of the events that served as grounds for bringing such claims.

2) according to Part 1 of Art. 725 of the Civil Code of the Russian Federation, the statute of limitations for claims brought in connection with inadequate quality of work performed under a contract is one year.

Thus, for claims arising from a contract in connection with inadequate quality of work, the statute of limitations is one year , and for claims related to improper quality of work under a contract for the construction of buildings and structures - three years .

3) also a reduced limitation period of two years is established for claims arising from a property insurance contract, with the exception of an insurance contract for the risk of liability for obligations arising from harm to the life, health or property of other persons (Part 1 of Article 966 of the Civil Code RF).

For me personally, a good guide to the limitation periods is the table of limitation periods, which was posted by Maxim Sergeevich Astapov in the publication: All limitation periods from the Civil Code of the Russian Federation are in one table.

Special limitation periods, longer than the general ones, are provided for in paragraph 3 of Art. 78 of Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection”, claims for compensation for environmental damage caused by violation of environmental legislation can be brought within 20 years.

In exceptional cases, when the court recognizes a valid reason for missing the statute of limitations due to circumstances related to the personality of the plaintiff (serious illness, helpless state, illiteracy, etc.), the violated right of a citizen is subject to protection. The reasons for missing the limitation period may be considered valid if they occurred in the last six months of the limitation period, and if this period is six months or less than six months - during the limitation period (Article 205 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation does not provide for the restoration of the limitation period for legal entities!