A Critical Look at Development of the Institution of Procedural Terms in Civil and Administrative Proceedings

Abstract

In an effort to create more and more perfect legal regulation, the legislator often follows the path of unnecessarily complicating the regulatory framework. According to the author, many innovations did not benefit the institution of procedural terms used in civil and administrative proceedings. In the article, using formal logical methods, the method of comparative jurisprudence, an attempt is made to comprehend the main directions of improving the institution under consideration, to identify and outline the problems of applying new rules for calculating procedural terms. Particular attention is paid to the ratio of general and special terms in administrative proceedings, the issue of the validity of establishing new terms for the consideration of certain categories of cases, a new procedure for calculating procedural terms in days, excluding non-working days. The need to unify the provisions of the procedural law with a reduction in the number of special rules is substantiated, which should contribute to more effective law enforcement. An alternative way of solving the problem related to the passage of terms on weekends and non-working holidays is proposed.