Mechanism of entry into and loss of effect of procedural legal provisions

Автор: Liubimova E.V.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые (цивилистические) науки

Статья в выпуске: 3, 2023 года.

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The article discusses the general rule on the operation in time of the procedural provisions and a number of exceptions developed in the practice of the Supreme Court of the Russian Federation in respect of representation, type of proceedings and the composition of the court. The author also reviews two cases arising in respect of operation in time of the provisions of law, which are related to the court proceedings but do not represent the procedural legal relations. The first case is pre-trial dispute settlement, which is not a procedural relation; however, the provisions effective during the procedural actions are mistakenly applied to it. The second case is devoted to the change of the court practice regarding the procedure of determining the term for the appeal of the court rulings on administrative offenses. The author believes that the new legal position set out in the ruling of the Supreme Court of the Russian Federation dated December 13, 2022, impairs the position of the person held liable for an administrative offence, and therefore, the reviewed interpretation of the law shall not apply to the rulings made prior to December 13, 2022.

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Civil procedural legal relations, pre-trial dispute settlement procedure, term for appealing the decision on the imposition of administrative penalties

Короткий адрес: https://sciup.org/147241322

IDR: 147241322   |   DOI: 10.17072/2619-0648-2023-3-108-117

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