Reasonable time for trial

The introduction of the "reasonable time" principle in the Code makes it necessary to review the existing approaches to the meaning of the time limits of judicial proceedings in order to ensure the right to judicial protection guaranteed by the Constitution.

Administrative justice is, for the most part, the most complex cases (tax, customs, land disputes). They require very serious training of all participants in the process.

At the same time, there is a pre-trial period. For the first and appellate instances, this is three months from the date of filing the claim. In cases of special complexity, this period may be extended for a reasonable period, but not more than three months. For cassation, this is 6 months.

In order to exclude in practice the evaluative concept of "reasonable time", the APPC established that in determining it, such circumstances as the legal and actual complexity of the administrative case, the behavior of the participants in the administrative process, expressed in the degree of use of procedural rights and performance of procedural duties, the procedural sufficiency and effectiveness of the court's actions are taken into account. At the same time, the goal is to promptly consider an administrative case.

Дата публикации
29 марта 2021