Units of time used in calculating administrative and procedural time limits

Abstract

Temporal-legal regulation of administrative-procedural legal relations is directly related to the rules of calculating time limits, the uniformity of which determines the effectiveness of administrative process as a whole. The article is devoted to the study of time units used in calculating administrative-procedural time limits. It proposes the definition of the category calculation of administrative-procedural time limit and highlights the principles of its calculating including uniformity, clarity, and reasonableness. Temporal regulation of administrative process by means of such units of time as day, sutki (day and night), week, decade, month, quarter, and year is also in the focus. The units of time used in calculating the time limits in administrative procedural law are divided into micro- and macro-units. The existing range of problems in legal regulation of administrative procedural legal relations through the day category is outlined. The article also looks at specificity of the legal nature of non-working days established in the pandemic period and highlights chaotic and discordant use of temporal units sutki and day in the administrative process. The author proposes to refrain from calculating administrative-procedural time limits by calendar values of sutki, week, month and a half .

About the authors

Elena V. Beliakovich

RUDN University

Author for correspondence.
Email: beliakovich_ev@mail.ru
ORCID iD: 0000-0002-6285-3709

Judge of the Commercial Court of Central District, Candidate of Legal Sciences, Doctor of Sciences Degree-Seeking Scholar, Law Institute

6 Miklukho-Maklaya str., Moscow, 117198, Russian Federation

References

  1. Anashkin, O.A. (2004) Improvement of procedural terms on the pre-trial proceeding: Diss. of Candidate of Legal Sciences. Saratov, Saratov law institute of the Ministry of the Interior of Russia. (in Russian).
  2. Arhipov, A.A. (2010) Terms in the tax law: Diss. of Candidate of Legal Sciences. Moscow, Russian Academy of Justice (in Russian).
  3. Druzhkova, E.V. (2015) Procedural terms in the legal regulation of proceedings in cases of administrative offenses: Diss. of Candidate of Legal Sciences. Saint Petersburg, Saint Petersburg University of the Russian Interior Ministry. (in Russian).
  4. Hernández Marín, R. & Sartor, G. (1999) Time and norms: a formalisation in the event-calculus. In: Proceedings of the 7th international conference on Artificial intelligence and law (ICAIL '99). Association for Computing Machinery, New York, NY, USA. pp. 90-99. https://doi.org/10.1145/323706.323719
  5. Jevons, S. (1881) Foundations of science: a treatise on logic and scientific method. Saint Petersburg, Publ. L.V. Panteleev. (in Russian).
  6. Kartashov, A.A. (2008) Terms in the constitutional law of the Russian Federation: Diss. of Candidate of Legal Sciences. Moscow, Russian Academy of Public Service under President of the Russian Federation. (in Russian).
  7. Kashanina, T.V. (2011) Legal technique: textbook. 2nd ed., rev. Moscow, Norma Publ. INFRA-M Publ. (in Russian).
  8. Kosareva, N.V. (2013) Terms in the proceedings on cases of administrative offences: Diss. of Candidate of Legal Sciences. Moscow, Management Academy of the Ministry of the Interior of Russia. (in Russian).
  9. Krasnova, N.V. (2017) Terms in the budget law: Diss. of Candidate of Legal Sciences. Moscow, Russian State University of Justice. (in Russian).
  10. Lavrent’ev, A.R. (2008) On appealing to the court decisions and decisions in cases of administrative offenses. In: Ershov, V.V. & Tuzov, N.A. (eds.). Anthology of scientific thought: To the 10th anniversary of the Russian Academy of Justice: Collection of articles. Moscow, Statut Publ. pp. 473-493. (in Russian).
  11. Liaquat, A.K. (2009) Temporality of Law. McGeorge L. Rev. 40(1), 56-106. Available at: https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=1207&context=mlr [Accessed 18th October 2023].
  12. Meshcheryakova, T.R. (2011) Terms in the legislation on administrative offences: Diss. of Candidate of Legal Sciences. Ekaterinburg, Ural Institute of Economics, Administration and Law. (in Russian).
  13. Moskalenko, S.S. & Golovko, V.V. (2006) To the question of improving the application of procedural time limits in cases of administrative offenses in the field of traffic. Bulletin of South Ural State University. Series Law. (5), 236-241. (in Russian).
  14. Petrova, G.B. (2004) Terms as an element of legal regulation in criminal proceedings: Diss. of Candidate of Legal Sciences. Saratov, Saratov State Academy of Law. (in Russian).
  15. Treushnikov, M.K. (eds.) (2014) Civil proceedings. 5 ed., rev. and enl. Moscow: Statut Publ. (in Russian).
  16. Vlasenko, N.A. & Nazarenko, T.N. (2007) Uncertainty in the law: concept and form. State and Law. (6), 5-12. (in Russian).
  17. Yakupov, R.Kh. (1972) Procedural terms in Soviet criminal proceedings: Abstract of Diss. of Candidate of Legal Sciences. Moscow, Higher School of the USSR Ministry of Internal Affairs. (in Russian).
  18. Zelentsov, A.B., Kononov, P.I. & Stakhov, A.I. (2018) Administrative process as a kind of legal process: modern problems of understanding and normative-legal regulation. Vestnik of Saint Petersburg University. Law. 9(4), 501-521. https://doi.org/10.21638/spbu14.2018.404 (in Russian).
  19. Zuckerman, A. (1999) Assessment of Cost and Delay - a Multinational Perspective. In: Procedural Law on the Threshold of the New Millennium: XI World Congress on Procedural Law. Wien. Universitat. pp. 41-42.
  20. Zueva, L.Yu. (2014) Procedural terms in the proceedings on cases of administrative offences: Diss. of Candidate of Legal Sciences. Moscow, Russian Legal Academy of the Ministry of Justice of the Russian Federation. (in Russian).

Copyright (c) 2024 Beliakovich E.V.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies