Some Problem Aspects of Extending and Restoring Procedural Deads in Domestic Civil and Administrative Proceedings

By setting deadlines for the performance of procedural actions, the legislator simultaneously provides for cases when procedural actions may be performed by participants in the proceedings and after the expiration of the prescribed period. This is served by mechanisms for extending and restoring procedural deadlines, the practice of which reveals a number of problems that need to be resolved. Using formal logical methods and the method of comparative jurisprudence, the article substantiates the thesis of insufficient regulation of the procedure for extending the procedural term in civil and administrative procedural legislation.

Author proposes to unify the provisions of the procedural codes in this part, also establishing the grounds for extending the term and the persons authorized to raise the issue in court. With regard to the procedure for restoring procedural deadlines, the vulnerability of the existing regulation to abuse of the right to judicial protection by persons delaying the entry into force of judicial acts adopted against them by late appeal of the latter is noted. The article substantiates the need to protect the interests of persons who have won a dispute in court, aimed at the early entry into force and enforcement of a court decision.