Terms of Appeal and Cassation Appeal in Civil Cases: Novelties of Science and Practice

Abstract

This article is devoted to topical issues of procedural science and practice that arise when exercising the right to protection in civil proceedings. Despite the relatively recent changes made to civil and arbitration procedural legislation, their practical implementation still requires detailed explanations from both the judicial community and science.

Certain provisions on the statute of limitations also continue to cause discussions despite their seemingly detailed elaboration.

The article includes consideration of such issues as determining the deadlines for filing appeals and cassation complaints in civil cases, namely the procedure for calculating them; grounds for restoring missed deadlines (justification of the validity of the reasons for missing the procedural deadline for individuals and legal entities, the concept of "objective circumstances", procedural reasons, error with the court, errors in the complaint); provisions on the limitation period for certain types of transactions. It should be noted that the act of the highest judicial instance considered in the article also clarified the procedure for appeal, both providing for the stage of appeal, and bypassing its direct appeal to the cassation instance and further to the Supreme Court of the Russian Federation; the procedure for presenting new evidence in cases where this was previously unreasonably refused; the scope of verification of the judicial act on the complaint (in whole or in part) was determined.