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Features of the restoration of the period for appeal

Features of the restoration of the period for appeal

The Supreme Court has proclaimed a legal position according to which, if the deadlines established by the legislation for appeal to the cassation instance are not respected because of the actions of the appellate court (or inaction), the time period necessary for appealing to the cassation instance can be restored by submitting a corresponding statement by the plaintiff contesting the court decision .
 

 


In this case, the restoration of the term can be restored if the copy with full texte of the previous instance court was sent only after passing thirteen days from the moment when such parts of the decision as the introductory and the resolution were announced in court.


Such a legal position was pronounced by the Supreme Court in reconsidering the case on recognizing as illegal the decision providing for the transfer of the land plot, the relevant state act, with subsequent cancellation of such decisions because of their invalidity. In making such decisions, the court was guided by the burdens of the civil procedural legislation, in particular, that the complaint of the plaintiff to the cassation instance should be filed within twenty days from the moment when the corresponding decision gained legal force (judgment of the appellate court).


If this term has not been maintained by valid excuses in accordance with the legislation, so the term can be restored again.