1. Unless this Code establishes other deadlines for filing an administrative claim in court, an administrative claim may be filed with the court within three months from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests .

2. An administrative claim to challenge a legal act of the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) on the removal from office of the head of a municipal entity, on challenging a decision of a representative body of a municipal entity on self-dissolution or on challenging a decision of a representative body of a municipal entity education on the removal of the resignation of the head of a municipal formation may be filed with the court within ten days from the date of adoption of the relevant decision.

3. An administrative claim to recognize as illegal decisions, actions (inactions) of a bailiff may be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

4. An administrative claim to challenge decisions, actions (inaction) of an executive body of a constituent entity of the Russian Federation, a local government body on issues related to the coordination of the place and time of a public event (meeting, rally, demonstration, procession, picketing), as well as a warning issued by these bodies regarding the purposes of such a public event and the form of its conduct may be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

5. Missing the established deadline for applying to the court is not a basis for refusing to accept an administrative claim for court proceedings. The reasons for missing the deadline for going to court are clarified at a preliminary court hearing or court hearing.

6. Untimely consideration or failure to consider a complaint by a higher body or a higher official indicates the presence of a valid reason for missing the deadline for filing a lawsuit.

7. The deadline for filing an administrative claim missed for the reason specified in Part 6 of this article or for another valid reason may be restored by the court, except in cases where its restoration is not provided for by this Code.

8. Missing the deadline for going to court without a good reason, as well as the impossibility of restoring the missed time (including for a good reason) for going to court is grounds for refusing to satisfy an administrative claim.

It is not difficult to prepare your own application for reinstatement of the deadline in administrative cases; only valid reasons for missing this deadline are required.

Based on the above, guided by Articles 95, 219 of the CAS RF,

1. Reinstate the deadline for filing an administrative claim in court to invalidate the order of the Housing and Communal Services Committee of the Bryansk Administration to deregister as one in need of improved housing conditions.
2. Accept the administrative claim of Daria Viktorovna Besedina to the Housing and Communal Services Committee of the Administration of the city of Bryansk to declare illegal the order of the above-mentioned municipal body dated October 12, 2021 No. 1434 on deregistration as one in need of improved housing conditions.

Application:

1. A copy of the application for restoration of the deadline
2. A copy of the certificate from the Moscow Federal Migration Service regarding registration at the place of stay
3. A copy of the application dated January 11, 2022 for issuing a copy of the order dated October 12, 2021 No. 1434
4. A copy of the information from the Housing and Communal Services Committee with notification of delivery dated February 16, 2022.
5. Copy of the complaint to the Head of the Bryansk Administration dated February 20, 2022.
6. Copy of the response to the complaint and notice of service dated March 31, 2022.

04/05/2022 Besedina D.V.

How to make an application for reinstatement of time limit in administrative cases

A missed procedural deadline is restored only if the reasons are valid and evidence is provided to the court of the impossibility of completing the procedural action in a timely manner. Exactly what reasons are considered valid depends entirely on the opinion of the court. This may be: documents about temporary disability (for example, the administrative plaintiff was in hospital treatment), about being on a business trip (i.e. he was not notified in time about the actions of the administrative defendant, and, therefore, did not know about the violation of his rights and freedoms) . It is possible that force majeure circumstances (fire, flood, etc.) prevented you from going to court.

Personal and family circumstances may also be cited as valid reasons. Subject to their documentary confirmation: serious illness of a close relative (including any person who) and caring for him.

In administrative claims, failure to timely consider a complaint about a contested action by a higher authority is always a valid reason, therefore copies of requests and responses to all organizations at the pre-trial stage must be provided to the court.

An application to restore the deadline in administrative cases is either drawn up on a separate document (as in the example), or the corresponding petition is set out in the text of the administrative claim (other petition) with written evidence of the circumstances referred to by the administrative plaintiff.

How to apply for reinstatement of time limit in administrative cases

The most optimal way to submit an application for restoration of the period in administrative cases is to submit it on a separate document simultaneously with the administrative claim. The application is submitted to the same court that is considering the administrative case, and is determined according to the rules.

An application for restoration of the deadline in administrative cases must also be submitted if the deadline (at any stage) is missed.

Article 219. Time limit for filing an administrative claim in court

• checked today
• code dated July 30, 2018
• entered into force on September 15, 2015

There are no new articles that have not entered into force.

Code of Administrative Procedure (CAS RF) 21-FZ

Section IV features of proceedings in certain categories of administrative cases

Chapter 22. Proceedings in administrative cases challenging decisions, actions (inaction) of state authorities, local governments, other bodies, organizations vested with certain state or other public powers, officials, state and municipal employees

Compare with the edition of the article dated September 15, 2015

If this Code does not establish other deadlines for filing an administrative claim in court, an administrative claim may be filed with the court within three months from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

An administrative claim to challenge a legal act of a senior official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) on the removal from office of the head of a municipal entity, to challenge a decision of a representative body of a municipal entity on self-dissolution or to challenge a decision of a representative body of a municipal entity on The removal of the head of a municipal entity from resignation may be filed with the court within ten days from the date of the relevant decision.

An administrative claim to declare illegal the decisions, actions (inaction) of a bailiff can be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

An administrative claim to challenge decisions, actions (inaction) of an executive body of a constituent entity of the Russian Federation, a local government body on issues related to the approval of the place and time of a public event (meeting, rally, demonstration, procession, picketing), as well as the decision made by these authorities warning regarding the purposes of such a public event and the form of its conduct may be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

Missing the established deadline for applying to court is not grounds for refusing to accept an administrative claim for court proceedings. The reasons for missing the deadline for going to court are clarified at a preliminary court hearing or court hearing.

Late consideration or failure to consider a complaint by a higher body or higher official indicates the presence of a valid reason for missing the deadline for filing a complaint with the court.

The deadline for filing an administrative claim missed for the reason specified in Part 6 of this article or for another valid reason may be restored by the court, except in cases where its restoration is not provided for by this Code.

Missing the deadline for going to court without a good reason, as well as the impossibility of restoring the missed time (including for a good reason) for going to court, is grounds for refusing to satisfy an administrative claim.

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Lawyer, Kaluga

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Hello, Alexey!

The law provides for the possibility of reinstating a missed procedural deadline, and it is precisely this missed period that you need to justify.

Article 95. Restoration of a missed procedural period

1. Persons who missed the procedural deadline established by this Code for reasons recognized by the court as valid, the missed deadline may be restored. In the cases provided for by this Code, a missed procedural deadline cannot be restored, regardless of the reasons for missing it.
2. An application for restoration of a missed procedural period is submitted to the court in which the procedural action was to be performed, unless otherwise provided by this Code. The application must indicate the reasons for missing the procedural deadline. Documents confirming the validity of these reasons are attached to the application. The application is considered without notifying the persons involved in the case. Taking into account the nature and complexity of the procedural issue, the court has the right to summon the persons participating in the case to a court hearing, notifying them of the time and place of its holding.

Circumstances such as failure to receive a copy of a court order due to a violation of the rules for the delivery of postal correspondence, due to the debtor’s absence from the place of residence due to illness, being on a business trip, vacation, moving to another place of residence, and others may be considered as relevant reasons.


In relation to 1.5 years, the court may have a question about the reasons for such a long absence, whether there were objective reasons for this.

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  Hello Alexey.

  The procedure for restoring the period for appeal is regulated by federal legislation.

  According to Article 95

  Code of Administrative Procedure, N 21-FZ

  1. Persons who missed established by this Code procedural periodfor reasons recognized by the court as valid, the missed deadline can be restored.

  In the cases provided for by this Code, a missed procedural deadline cannot be restored, regardless of the reasons for missing it.

  
  

  2. An application for restoration of a missed procedural period is submitted to the court in which the procedural action was to be performed, unless otherwise provided by this Code. The application must indicate the reasons for missing the procedural deadline. Documents confirming the validity of these reasons are attached to the application. The application is considered without notifying the persons involved in the case. Taking into account the nature and complexity of the procedural issue, the court has the right to summon the persons participating in the case to a court hearing, notifying them of the time and place of its holding.

  
  

  3. Simultaneously with filing an application for restoration of the missed procedural period, the necessary procedural action must be completed (a complaint, application, documents submitted).

  
  

  4. A private complaint may be filed against a court ruling to restore a missed procedural period or to refuse to restore it.

  Accordingly, it will be necessary to justify the validity of the reason for missing the deadline specified in the law,

  In this case, attention should be paid to the following circumstances:

  The possibility of reinstating a procedural period missed for good reason does not constitute a limitation of the right to judicial protection provided for in Art. 46 of the Constitution of the Russian Federation.

  In accordance with the commented article, only the procedural period established by the CAS is subject to restoration.

  The deadline for completing a procedural action, provided for by the CAS, may be restored by the court if there are good reasons.

  It is the prerogative of the court to classify the reasons for missing a procedural deadline as valid or disrespectful.

  As a valid reason for missing the deadline for appeal, the untimely receipt by a person participating in the case and not present when the court decision is announced, of a copy of this judicial act (Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2006).

  
  

  For persons participating in the case, valid reasons for missing the deadline for filing an appeal may include, in particular:

  circumstances related to the identity of the person filing the appeal (serious illness, helpless state, illiteracy, etc.);

  receipt by a person who was not present at the court hearing in which the trial of the case ended, a copy of the court decision after the expiration of the appeal period or when the time remaining before the expiration of this period is clearly not enough to familiarize himself with the case materials and draw up a reasoned appeal or presentation;

  failure by the court of first instance to explain the procedure and deadline for appealing a court decision; failure by the court to comply with the deadline for which the drawing up of a reasoned court decision may be postponed, or the deadline for sending a copy of the court decision to persons participating in the case, but who were not present at the court session in which the proceedings of the case ended, if such violations led to the impossibility of preparing and filing reasoned appeals complaints, submissions within the prescribed period.
  https://www.zakonrf.info/kas/9...

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  Dear Alexey! Hello! In addition to the opinion of a respected and professional colleague:

  What exactly are the circumstances? You can, for example, apply again, and only then calmly appeal within the deadline (three months - Article 219 of the CAS RF).

  Or you can (as a workaround) complain to the prosecutor's office or a higher authority (higher official). Next, think about going to court.

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  You ask “it takes 1.5 years or 3 months to substantiate” - 3 months are given for appeal precisely from the moment when the person learned or should have learned about the violation of his rights, i.e. you need to justify these 1.5 years - why you first did not appeal for 3 months and then did not appeal for the rest of the time with the restoration of the period.

  CAS RF Article 219. Time limit for filing an administrative claim in court

  1. Unless this Code establishes other deadlines for filing an administrative claim in court, an administrative claim may be filed with the court within three months from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests .
  2. An administrative claim to challenge a decision of a representative body of a municipality on self-dissolution or to challenge a decision of a representative body of a municipality to remove the head of a municipality from resignation may be filed with the court within ten days from the date of adoption of the relevant decision.
  3. An administrative claim to recognize as illegal decisions, actions (inactions) of a bailiff may be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.
  4. An administrative claim to challenge decisions, actions (inaction) of an executive body of a constituent entity of the Russian Federation, a local government body on issues related to the coordination of the place and time of a public event (meeting, rally, demonstration, procession, picketing), as well as a warning issued by these bodies regarding the purposes of such a public event and the form of its conduct may be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.
  5. Missing the established deadline for applying to the court is not a basis for refusing to accept an administrative claim for court proceedings. The reasons for missing the deadline for going to court are clarified at a preliminary court hearing or court hearing.
  6. Untimely consideration or failure to consider a complaint by a higher body or a higher official indicates the presence of a valid reason for missing the deadline for filing a lawsuit.
  7. The deadline for filing an administrative claim missed for the reason specified in Part 6 of this article or for another valid reason may be restored by the court, except in cases where its restoration is not provided for by this Code.
  8. Missing the deadline for going to court without a good reason, as well as the impossibility of restoring the missed time (including for a good reason) for going to court is grounds for refusing to satisfy an administrative claim.

01/22/2019, Sashka Bukashka

The statute of limitations is the period during which you can file a lawsuit for a particular violation of your rights.

For any violation, there is the concept of a statute of limitations, when any sanctions established by law may be applied to the violator. From this article you will learn what statutes of limitations and in what cases are applied in administrative law and legal proceedings. Due to the recent adoption of the Code of Administrative Procedure (CAP), a little confusion has arisen in terms of concepts. Let's be clear first:

• The CAS regulates issues related to violations of citizens' rights by officials and the corresponding limitation periods;
• The Code of Administrative Offenses of the Russian Federation (CAO) is devoted to administrative offenses and sets the time limits for bringing them to justice. In fact, the concept of “limitation period for administrative offenses” does not exist in the legislation. We'll talk about this below.

Limitation period under CAS

The limitation period for administrative cases is calculated as follows:

• as a general rule - three months from the day the citizen became aware of a violation of his right;
• a claim to challenge the cadastral valuation of a land plot or apartment can be filed in court within five years from the date the cadastral value was established;
• an application to appeal the actions of the bailiff is submitted within ten days from the moment you become aware of a violation of your rights.

How long can an offender be held accountable?

We have already mentioned that such a term as the limitation period for an administrative offense , is absent in the Code of Administrative Offences, this period is referred to in the law as the limitation period for bringing to administrative responsibility, but this does not change the essence, and both expressions are often used in everyday life. As a general rule, the statute of limitations for bringing to administrative responsibility is two months, and when the case is considered by a judge, three months from the date of its commission. In cases established by law, the statute of limitations in administrative law depends on the severity of the violation and can be:

• one year - for some traffic violations, in cases of consumer protection, violation of labor laws, etc.;
• two years - violation of accounting rules and currency regulation;
• three years - applies to political parties;
• and even six years is the statute of limitations for administrative cases when providing financial support to terrorism.

Attention motorists and pedestrians

Most often, citizens are brought to administrative responsibility for violating traffic rules. The statute of limitations for administrative violations of traffic rules (traffic rules) is also regulated by the Code of Administrative Offenses of the Russian Federation ().

Please note that the statute of limitations is 1 year in the following cases:

• drunk driving,
• refusal of medical examination,
• violation of rules resulting in harm to the health of the victim.

The same period of prosecution is established for a pedestrian or passenger if, as a result of their violation of traffic rules, someone was harmed to health.

Let's sum it up

Violation of someone else's rights or other misconduct does not always result in punishment: the statute of limitations for the CAS is three months, the statute of limitations for an administrative offense under the Code of Administrative Offenses is from two months. Sometimes, due to unforeseen delays, the offender manages to avoid punishment. And if a citizen does not go to court on time, he will not be able to protect his rights.