Problems of observing and restoring the terms of appeal and cassation appeal in civil and arbitration proceedings

the Institute of "Terms" is of great importance in the procedural branches of law in order to achieve the main objective of the process: the timely and correct resolution of the case. The article discusses some issues related to the observance and restoration of the terms for appealing and cassating court decisions in civil and arbitration proceedings. In the course of the study, an analysis of the current legal regulation was carried out, as well as an analysis of the established judicial practice, which reveals the issues of calculating procedural time limits. A comparison has been made of the legislative consolidation in the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation of the calculation of the procedural time limits for appealing a decision of the court of first instance of court decisions that have not entered into force and have entered into legal force. The Resolutions Of The Plenum Of The Supreme Court Of The Russian Federation Are Analyzed. The attention of the authors is paid to the restoration of the missed procedural period in the appeal and cassation proceedings. Due to the fact that the process of unification of civil procedure legislation has been going on for the second decade, there is still a question about the calculation of procedural time limits. According to the results of the study, legal uncertainty was noted regarding the determination of appeal deadlines, their calculation according to the Civil Procedure Code and the Arbitration Procedure Code, as well as the difficulty of implementing the procedure for restoring missed deadlines.

appeal, cassation appeal, civil procedure, arbitration process, restoration of term, omission of term, extension of term, valid reasons, court ruling