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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
WAIT , SKIP THE DEADLINE
The applicant applied to the court with a request to review the ruling on determining the amount of his subsidiary liability due to newly discovered circumstances, while at the same time filing a motion to restore the missed procedural time limit for filing an application (case no. A41-96476/18).
In rejecting the request to restore the missed procedural time limit for filing an application, the courts of two instances concluded that there were no valid reasons for restoring the time limit for filing an application, since the time limit should have been calculated from the date of entry into force of the decision of the court of appeal, and there are no grounds for calculating the time limit from the date of the decision of the district court. The courts also noted that the filing of a cassation appeal against the decision of the Court of Appeal did not prevent the simultaneous application to the court for a review of the judicial act within the established time frame.
The cassation referred the dispute for a new hearing, drawing attention to the fact that the applicant considered it advisable to wait for the outcome of his cassation appeal against the decision of the court of appeal, since another judicial act had previously been issued that could affect the amount of his subsidiary liability.
The District Court found the above arguments worthy of attention, based on the factual circumstances of the present case, since the refusal to satisfy the request for restoration of the procedural period solely on the grounds that the applicant missed the procedural period for objective reasons violates the right of such an applicant to a possible review of the judicial act if the court determines the existence of such grounds, seeking to to exclude (reduce) the amount of the established subsidiary liability and not having any other way to protect their rights.
Photo: Freepik
In rejecting the request to restore the missed procedural time limit for filing an application, the courts of two instances concluded that there were no valid reasons for restoring the time limit for filing an application, since the time limit should have been calculated from the date of entry into force of the decision of the court of appeal, and there are no grounds for calculating the time limit from the date of the decision of the district court. The courts also noted that the filing of a cassation appeal against the decision of the Court of Appeal did not prevent the simultaneous application to the court for a review of the judicial act within the established time frame.
The cassation referred the dispute for a new hearing, drawing attention to the fact that the applicant considered it advisable to wait for the outcome of his cassation appeal against the decision of the court of appeal, since another judicial act had previously been issued that could affect the amount of his subsidiary liability.
The District Court found the above arguments worthy of attention, based on the factual circumstances of the present case, since the refusal to satisfy the request for restoration of the procedural period solely on the grounds that the applicant missed the procedural period for objective reasons violates the right of such an applicant to a possible review of the judicial act if the court determines the existence of such grounds, seeking to to exclude (reduce) the amount of the established subsidiary liability and not having any other way to protect their rights.
Photo: Freepik
16.09.2025
