Application to the court for the restoration of the missed period. Application for restoration of the statute of limitations. “I was judged without me”, or procedural rules for making a decision

- this is an opportunity to receive the assistance of justice in case the time established by law for its administration has expired. In order to competently draw up a document and follow the procedure for submitting it, it is not necessary to obtain a legal education - it is enough to carefully study the recommendations presented here and follow them clearly.

Why do I need to apply for the restoration of a missed deadline?

Russian legislation establishes clear time limits for the implementation of each of the procedural actions (filing a statement of claim, appealing judgment, entry into inheritance rights, etc.). However, in practice, circumstances often arise due to which these deadlines may be violated - for example, due to the applicant's lack of physical ability to go to court. In such cases, exercise the right to judicial protection a petition for the restoration of the missed period will help.

Important: an application, complaint or lawsuit, the deadline for which has expired, must be sent to the court simultaneously with the above application. This provision applies to arbitration and civil processes, which is enshrined in articles 117 of the Arbitration Procedure Code of the Russian Federation and 112 of the Code of Civil Procedure of the Russian Federation, respectively. In terms of criminal proceedings, the legislator does not establish such restrictions, however, in practice, the procedure for restoring the term is carried out in a similar way.

Valid reasons for missing the procedural deadline for its restoration

An exhaustive list of reasons and circumstances that a priori would oblige the court to restore the missed deadline is not provided by law. When deciding on a petition, the courts, as a rule, are guided by established judicial practice, taking as a basis the provision of Article 205 of the Civil Code of Russia, which establishes the grounds for restoring the limitation period.

Don't know your rights?

Thus, an application for the restoration of a missed deadline is likely to be granted if the reasons for the omission are directly related to the applicant himself:

• a serious illness that prevents the protection of their rights and appearance in court;
• helpless state;
• legal illiteracy;
• force majeure circumstances, due to which personal participation in the proceedings is impossible, etc.

In addition, a good reason, as a rule, is the late receipt of a court decision, which is supposed to be appealed if the violation of the deadlines was not the fault of the applicant.

How to write a petition for the restoration of a missed deadline

The form of the application can be arbitrary, but the chances of its satisfaction increase significantly if a number of requirements and recommendations are met:

• a clear and concise statement of the reasons for the absence procedural term;
• the presence of a reference to the relevant provision of the law: part 1 of article 130 of the Code of Criminal Procedure of the Russian Federation, part 1 of article 117 of the APC of the Russian Federation, part 1 of article 112 of the Code of Civil Procedure of the Russian Federation - depending on the type of trial (in this case, other rules of law governing a particular situation may be cited);
• documentary justification for valid reasons for missing the deadline (certificate from a medical institution, an envelope with postmarks confirming the date of receipt of the court decision, etc.).

Important: despite the absence of a legislatively approved application form for the restoration of a missed deadline, before compiling it, you should familiarize yourself with the samples that can be found on the thematic resources of the Internet. But before using ready-made templates, you should carefully study their content and make sure that the references to regulatory sources indicated in them are up-to-date, as well as that the forms themselves correspond to a specific situation.

Extension and restoration of procedural terms

• regulated by law;
• established by the court, taking into account the principle of reasonableness (clause 1, article 107 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation). Read about the types of terms in the article Procedural terms - the concept, types, calculation procedure.

With the omission of the PS, the right of a person to perform a certain procedural action is also extinguished.

At the same time, only PSs appointed by a judicial authority can be extended (see Article 111 of the Code of Civil Procedure of the Russian Federation), while PSs provided for by law are restored.

Extension of the term can be made both at the request of a participant in the process, and on the own initiative of the court.

The judiciary is not empowered to restoration of the missed procedural term on their own initiative. The person who has missed the relevant PS shall file a lawsuit in which this procedural action was to be performed, application for restoration of procedural term.

The omission of the PS must be justified by objective reasons, entailing the real impossibility of the person to perform the prescribed procedural procedures, since only in this case it is possible to restore the procedural deadlines by the court. The issue of recognizing certain reasons for skipping the PS as valid is left to the discretion of the court, and their assessment is made taking into account the circumstances of a particular case. Usually these reasons include:

• severe illness of the face;
• finding a person in a helpless state, his illiteracy, etc. (Article 205 of the Civil Code of the Russian Federation);
• the error of the court of first instance in determining the time limit for appeal (Determination of the Supreme Court of the Russian Federation of October 7, 2016 No. 310-ES16-8163 in case No. A64-2315 / 2014).

In parallel with the filing of such an application, the necessary procedural action must be performed (clause 3, article 112 of the Code of Civil Procedure of the Russian Federation).

Application for the restoration of the procedural term (sample)

Application for the restoration of the missed procedural term can be drawn up in free form, indicating all significant details. The following content of this document is recommended:

• the name of the judicial authority to which the application will be sent;
• information about the applicant: last name, first name, patronymic, passport details, address of residence (for an individual), name, registration details, location (for a legal entity);
• name of the application;
• the main part (it is necessary to indicate what procedural action the applicant intends to take, what PS for its execution were established by law or court, for what reasons these PS were omitted and why these reasons must be recognized as valid, as well as provide facts and describe circumstances proving objectivity reasons);
• a request to the court to extend (restore) the missed PS;
• list of applications (copy of the application, documentation confirming the reasons for skipping the PS and their validity, etc.);
• the date of the application;
• applicant's signature.

A sample application for the restoration of a missed procedural period can be downloaded from the link:

So, the type of application considered in the article is drawn up in an arbitrary form and submitted to that Judicial authority in which the corresponding procedural action must be performed. Maximum attention should be paid to substantiating the validity of the reasons for missing the deadlines provided for by the procedural legislation.

The performance of legally significant actions and judicial proceedings provide for various procedural deadlines, the omission of which deprives the right to judicial protection. If the time allotted for performing actions or filing documents was missed for good reasons, a petition for the restoration of the missed time will allow you to count on the continuation of the trial.

Regardless of the category of the dispute and the branch of legislation, the parties to the process always have the opportunity to file a petition for the restoration of a deadline missed for good reasons. Any person with independent claims in the judicial process can act as the applicant of this appeal.

Since the petition is a procedural document, it must be in writing. The legislation does not establish strict requirements for the content of the document, however, based on the purposes of practical application, it is necessary to indicate in it:

• The name of the court and the number of the case in which the petition is filed;
• An indication of the procedural action that was subject to execution, but was actually not executed due to the missed deadline;
• Reference to valid reasons for missing the deadline, with supporting evidence attached;
• Request before the court for the restoration of the procedural term.

Note! A petition can be filed both within the framework of an initiated case, and in the event of its termination due to a missed deadline. Such situations arise in cases where the other party has declared that the limitation period has been missed, and the court has terminated the proceedings.

The document may be submitted personally to the judge at the court session, or by advance sending by post. The receipt of the petition is recorded in the case file, and its consideration is accompanied by entry into the protocol.

Important! The petition must be submitted to the judicial institution where the procedural action with the missed deadline was to be executed. Simultaneously with this document, it is necessary to actually perform a controversial procedural action (file a complaint, submit documents, etc.). The terms for consideration of the appeal depend on the method of submission, as well as on the category of the main dispute.

A sample of the standard application form can be found on our website in the relevant section.

Consideration period

The procedure for conducting legal proceedings varies significantly for each category of dispute. Based on this, the consequences of sending a petition for the restoration of the time limit for the performance of a procedural action may also differ.

In a civil case - Article 112 of the Code of Civil Procedure of the Russian Federation

• Illness of a participant in the process, including placement for inpatient treatment in a medical institution;
• A severe set of circumstances that prevent the parties from exercising their rights and obligations in the process;
• Objective reasons that arose apart from the wishes of the parties.

Note! Since the exact list of such circumstances is not established by law, only the court can recognize the reason for missing the deadline as valid. Factors affecting the validity of the reasons are also determined by the court at its own discretion based on the evidence presented.

After receiving the petition, the court is obliged to consider it according to the general rules of legal proceedings. To do this, a court session is scheduled, to which the parties are called. Failure to appear in this process is not grounds for refusing to consider the petition, the court is obliged to consider it according to the evidence available in the case.

The term for consideration of such a document is not regulated by a special rule and is subject to trial according to the general procedural terms provided for issuing court rulings. Based on the results of consideration of the petition, the court issues a reasoned ruling, by which the applicant's request can be satisfied. In case of refusal to satisfy the petition, the court is obliged to indicate the reasons for such a decision.

In an administrative case - Article 30.3 of the Code of Administrative Offenses of the Russian Federation

The most important consequence of missing a deadline in administrative proceedings is filing a complaint against a court decision after a period of 10 days from the date of delivery or receipt of a copy of the act. In this case, Art. 30.3 of the Code of Administrative Offenses of the Russian Federation allows the restoration of this period upon presentation of a written petition of the person filing the complaint.

Restoration of the term may be carried out by the court or another person authorized to consider the complaint. The list of reasons that may be a valid circumstance for missing the deadline, is not established in the Code of Administrative Offenses of the Russian Federation, therefore the court is obliged to evaluate all the arguments of the applicant.

Note! Since the petition is submitted to the body that should consider the complaint on the merits, it is there that the petition should be sent. The complaint itself must also be included in the documents so that the court can accept it for proceedings after a possible restoration of the deadline.

The parties are summoned to consider the petition by a court notice, however, even if there are no participants in the process, the petition will be considered on its merits. Recognition of the reasons for missing the deadline as valid implies the automatic acceptance of the complaint for proceedings.

To the arbitration court - article 117 of the Arbitration Procedure Code of the Russian Federation

IN arbitration process the procedure for restoring missed deadlines has the features specified in Art. 117 APC RF. In addition to the standard rule on the need to prove the validity of the reasons for the absence, the court must pay attention to the observance of the maximum allowable periods for reinstatement. Such cases are provided for in Art. Art. 259, 276, 291.2, 308.1 and 312 of the Arbitration Procedure Code of the Russian Federation.

The petition is submitted to the arbitration court, in which the missed procedural action must be performed. The applicant must also attach to the appeal documents aimed at the commission of the main procedural action or decision.

The Arbitration Procedure Code of the Russian Federation regulates that the petition is subject to consideration within five days from the moment it is received by the court. At the same time, the code does not provide for the obligation to notify the participants in the process. In any case, the parties have the right to appeal it to a higher court.

Objection to the petition

After sending the petition to the court, the second party to the process has the right to raise objections regarding the stated requirement. These objections indicate the grounds on which the reasons for the deadline cannot be recognized as valid.

Sample application for the restoration of the missed procedural period: IN (Name) district (urban) court (to the justice of the peace (Full Name) court district, district) from (plaintiff, defendant, third party, interested party): Full Name (Name- for a legal entity) registered at: zip code and full address (if necessary - address of actual residence, contact number) in case no. on a claim To (Full Name) (date of appointment of the case for hearing) Court decision dated (day month Year) civil case no. (indicated by the register of the office) on a claim (application) (surname, name, patronymic) To (Full Name) O (content of the stated requirements) were satisfied (approval denied). I do not agree with the decision and intend to appeal it, but I missed the deadline for appealing for the following good reasons: (being in a medical hospital, business trip, other reasons). Based on the foregoing, in accordance with Art. 112 Code of Civil Procedure of the Russian Federation forgive: Restore my procedural time limit for filing an appeal (cassation, supervisory) complaints (to perform another procedural action). Date Signature (for legal entities: name of the authorized person, seal of the organization, signature) Application: copies of the statement on the number of persons participating in the case; (appeal (cassation) complaint with copies according to the number of persons participating in the case); (receipt of payment of the state fee on the complaint (petition for exemption, installments, reduction of the state fee)); evidence supporting the allegations. Valid reasons are circumstances when the possibility of submitting documents on time is objectively excluded. Example: hospitalization, business trip, late notification, etc. Important: Simultaneously with the filing of an application for the restoration of the missed procedural term, the necessary procedural action must be performed (complaint filed, documents submitted), for which the deadline has passed. A private complaint may be filed against a court ruling on the restoration or refusal to restore the missed procedural period.

All forms and forms on filling-form.ru

Article 112. Restoration of procedural terms

(in ed. federal law dated 28.07.2004 N 94-FZ)

(see text in previous)

1. Persons who missed the procedural period established by federal law for reasons recognized by the court as valid, the missed period may be restored.

2. An application for the restoration of a missed procedural term shall be submitted to the court in which the procedural action was to be performed and considered in a court session. Unless otherwise provided by this Code, the persons participating in the case are notified of the time and place of the court session, but their failure to appear is not an obstacle to resolving the issue posed to the court.

(part 2 in ed.

Application for the restoration of the procedural term

(see text in previous)

3. Simultaneously with the filing of an application for the restoration of the missed procedural period, the necessary procedural action must be performed (a complaint is filed, documents are submitted), in respect of which the period has been missed.

4. Application for the restoration of the missed procedural deadline for filing a cassation complaint, presentation, respectively, to the presidium of the supreme court of the republic, regional, regional court, city court federal significance, a court of an autonomous region, a court of an autonomous okrug, a district (naval) military court, established by part two of Article 376 of this Code, is filed with the court that considered the case in the first instance.

Missed procedural deadline for filing a cassation complaint, presentation to the Judicial Collegium Supreme Court Russian Federation, established by part two of Article 376 of this Code, and the missed procedural time limit established by part two of Article 391.2 and part two of Article 391.11 of this Code, respectively, may be restored by a judge of the Supreme Court of the Russian Federation.

The missed procedural time limit, established respectively by part two of Article 376, part two of Article 391.2 and part two of Article 391.11 of this Code, can be restored only in exceptional cases when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation or supervisory appeal in the established period (serious illness of the person filing the complaint, his helpless state, etc.), and these circumstances took place within a period not later than one year from the date of entry into force of the appealed court decision.

(part 4 in ed.

Federal Law of July 29, 2017 N 260-FZ)

(see text in previous)

5. A court ruling on the restoration or refusal to restore the missed procedural term may be appealed.

(Part 5 as amended by Federal Law No. 260-FZ of July 29, 2017)

(see text in previous)

Art. 112 Code of Civil Procedure of the Russian Federation. Restoration of procedural terms

The protection of civil rights and the implementation of almost any procedural action as part of the consideration of statements of claim are carried out within the time limits specified by laws, so in this section of the site we will talk about the restoration of the period.

Restoration procedure

Restoration of terms occurs when a relevant application (petition) is filed with the court and its satisfaction by the court. At the same time, according to general rule the restoration of the period must be carried out simultaneously with the action itself: filing a statement of claim when the limitation period is missed with a statement on the restoration of the limitation period, etc.

An application for the restoration of the term is always prepared in writing (you can also include such a requirement in the text of the main document) and is resolved by the court in a court session, taking into account the opinions of other participants in the proceedings.

If a person who has missed the deadline set for a certain action does not file an application for the restoration of such a deadline, the court will refuse to consider the main document. Therefore, the site contains examples and the procedure for compiling and submitting applications for the restoration of deadlines, both established by the norms of substantive law and established by the Code of Civil Procedure of the Russian Federation.

Restoration of the period established by the norms of substantive law

For the main types of civil claims, a party that considers its right to be violated may apply to the court within 3 years from the date when such a violation became known to him. When filing a statement of claim, the defendant may declare the application of the limitation period, which will result in a refusal to satisfy the requirements.

Or for labor claims, administrative claims, claims for the recognition of a transaction as invalid - the statute of limitations has been significantly reduced.

Restoration of the term

To determine such terms, you can refer directly to the rules of law governing the disputed relationship, as well as use the information posted in the heading “Legislative Comments”.

Restoration of the procedural term

The Code of Civil Procedure of the Russian Federation regulates the procedure and terms for the implementation of procedural actions. So, a complaint against a court decision, private, appeal or cassation, etc., can be filed only before the expiration of a certain time. Actions for missing such a deadline for good reasons, as well as what reasons can be recognized by the court as such - up-to-date information can be found on the website. In case of difficulty in self-training applications for the restoration of the term You can ask a lawyer a question.

Requests for reinstatement

Application for the restoration of the procedural term

Application for the restoration of the deadline for a supervisory appeal

Application for the restoration of the deadline for comments on the protocol

Application for the limitation period

Application for restoration of the statute of limitations

Application for the restoration of the term for labor disputes

Application for the restoration of the term on a private complaint

Application for the restoration of the term on the cassation appeal

Application for reinstatement of appeal

Application for an extension of the procedural period

Application for reinstatement in administrative cases

Article 95

1. For persons who have missed the procedural time limit established by this Code for reasons recognized by the court as valid, the missed time limit may be restored. In the cases provided for by this Code, the missed procedural period is not subject to restoration, regardless of the reasons for its omission.

2. An application for the restoration of a missed procedural term shall be submitted to the court in which the procedural action was to be performed, unless otherwise provided by this Code. The application must indicate the reasons for missing the procedural deadline. Documents confirming the validity of these reasons are attached to the application.

Sample application for the restoration of the missed procedural period

The application is considered without notifying the persons participating in the case.

Taking into account the nature and complexity of the procedural issue, the court has the right to summon the persons participating in the case to the court session, notifying them of the time and place of its holding.

3. Simultaneously with the filing of an application for the restoration of the missed procedural period, the necessary procedural action must be performed (a complaint, an application, documents are submitted).

4. A private complaint may be filed against a court ruling on the restoration of the missed procedural term or on the refusal to restore it.

Art. 95 CAS RF. Restoration of the missed procedural term

What are procedural terms?

The procedural term is a period of time for the performance of certain actions by the participants in the trial (in criminal law, also investigative actions) established by the norms of procedural legislation, and in some cases established by the court.

For more details on procedural terms, see chapter 9 of the Code of Civil Procedure of the Russian Federation.

From the date of the entry into force of the Code of Administrative Procedure, all procedural actions in relation to involuntary hospitalization and involuntary examinations are carried out on the basis of its norms. This includes procedural time limits. In the CAS RF, procedural time limits can be found in Chapter 8.

In the issues we are considering (for example, involuntary hospitalization), an example can be the omission of the procedural period of 10 days (part 6 of article 298 of the CAS RF), established for appealing against a court decision on the hospitalization of a citizen in a medical organization providing psychiatric care in inpatient conditions, in an involuntary manner.

Another example is the fact that part 2 of Article 207 of the CAS RF missed the established procedural deadline for filing comments on the protocol of the court session in the amount of 3 (three) days from the date of signing the protocol.

Any omission of the established procedural deadlines extinguishes the right to perform a procedural action in respect of which they are established. If you try to carry out a procedural action for which the procedural deadline for its commission has already been missed, the court will not take it into account, and the submitted complaints and documents will be returned back to the one who filed them.

If the procedural period was missed for good reasons, then there is a procedure for restoring the missed procedural period, it is established by Art. 95 CAS RF and.

This procedure provides that together with the performance of a procedural action (for example, filing an appeal), for which the established procedural period was missed, it is necessary to submit an application for the restoration of this missed period. The court first considers the application and, if it is restored, proceeds to the implementation (consideration) of the procedural action in respect of which the term was restored.

Here I will give an example of two statements.

The first example is the missed procedural deadline for filing an appeal against a court decision on the involuntary hospitalization of a citizen in a psychiatric hospital while he is still there.

You must understand that the missed procedural period must be justified by valid (objective) reasons, the impossibility of performing a certain procedural action on your part within this period.

Sample request for restoration
missed due process

STATEMENT

about the restoration of the missed procedural term
to file an appeal

On April 18, 2000, the Simonovsky District Court of Moscow issued a decision on my involuntary psychiatric hospitalization in PKB No. 1 named after I. ON THE. Alekseev.

The decision itself was never received by me and it was not communicated to me within the established procedural deadlines for appealing it.

While in the hospital, I still could not and cannot currently receive it on my own and get acquainted with it.

And the hospital administration did not explain to me my rights, established by the law, about the possibility of inviting a representative of my choice to protect my rights and legitimate interests, which also did not allow me to exercise my procedural rights within the time limits established by law.

In view of the foregoing, I ask you to acknowledge that I missed the procedural deadline for filing cassation complaint By good reason and restore the procedural deadline for filing an appeal against the decision of the Simonovsky District Court of Moscow dated April 11, 2016, which satisfied the application of the PKB No. ON THE. Alekseev about my involuntary hospitalization in a medical organization providing psychiatric care in an inpatient setting.

Applicant ______________________ Ivanov I.I.

In the second sample, I will give an example of an application for the restoration of the missed procedural period when the citizen in respect of whom the decision was made did not participate in the trial at all, learned about the decision and received it after the expiration of the established procedural period for filing an appeal.

STATEMENT

about the restoration of the missed procedural term
to file an appeal

On October 18, 2015, the Kuzminsky District Court of Moscow issued a decision on my psychiatric examination without my consent, based on the application of psychiatrist B. PND No. 20.

I was not notified about the court session, did not participate in it, the court did not send me the court decision and therefore I did not know about its existence. I got acquainted with the decision of the court and the materials of the case only on December 17, 2015.

As a result, I could not file an appeal within the legal procedural deadlines.

In view of the foregoing, I ask you to restore the deadline for filing an appeal against the decision of the Kuzminsky District Court of Moscow dated October 18, 2015, which was satisfied statement of claim psychiatrist of the psycho-neurological dispensary No. 20 in Moscow, B., about the psychiatric examination of me, P.P. Petrov, on an involuntary basis.

Applicant ______________________ Petrov P.P.

If the procedural period was missed for objective reasons, the court restores it and it is possible to perform a procedural action for which this period was restored. In most of these cases, examples of which are given, it is restored.

If the term has not been restored, then it is necessary to promptly appeal the court ruling on the refusal to restore the missed procedural term to a higher court. The right to file, grounds and procedure for considering a private complaint are established by Articles 313-317 of the CAS RF and. But cases of refusal to restore the missed procedural period in the situations considered are quite rare.