Year: 2023
Type: article
Abstract: : 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 de-voted 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.
Source: Ex Jure
Author: E. V. Liubimova
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4389450033