Upon expiration of the specified. Deadlines in civil legal relations


Close a criminal case after the statute of limitations has expired or after? I'm not sure that the preposition by is used here to mean "after". Maybe it's like closing a case for some reason?

Even if the expiration of the statute of limitations is the reason that the case is closed, with this structure of the proposal only one option is possible: upon expiration of the statute of limitations.

Question No. 287484

are punctuation marks needed: After several years, the girl’s father Alexey wants to visit his daughter in America.

Russian help desk response

A period at the end of a sentence is enough. If there is an explanatory shade of meaning and appropriate intonation when reading, the name can be isolated Alexei. The author of the text makes the decision.

Please note: correct upon expiration.

Question No. 280315
Good afternoon Please tell me how to write the phrase correctly?
Options:
1) Changes will take effect after 24 hours.
2) Changes will take effect after 24 hours.
Thank you.

Russian help desk response

Right: after 24 hours.

Question No. 274944
Good afternoon Correct spelling: upon arrival or on arrival, upon expiration or upon expiration?

Russian help desk response

In the meaning of "after" the following is true: upon arrival, upon expiration.

Question No. 274289
Hello again! Thank you for your help! There is a controversial question as to how correctly -
"after this period" or "after this period"?

Russian help desk response

Question No. 262433
Which is correct to say: after some time has passed or after some time has passed? Thank you!

Russian help desk response

Right: after some time(after expiration).

Question No. 260995
How to spell correctly: at the end or at the end, at the expiration or after the expiration?

Russian help desk response

In meaning By"after" is correct: upon completion, upon expiration.

Hello!
Please tell me in which cases it is written AFTER EXPIRATION, and in which - AFTER EXPIRATION? Same thing AT THE END / AT THE END?
Thank you in advance!!!

Russian help desk response

Pretext By in the meaning “after something” it is used with the prepositional case: upon expiration, at the end of the event. But compare: one must judge the form of this word not only by the suffix, but also by the ending.

Question No. 248569
tell me how to correct a grammatical error - After the due date, the team will return to camp. ?

Russian help desk response

Right: upon expiration.

Question No. 246925
In which case should the noun be placed after the preposition “by” in such cases: “on termination (II) of the device’s operation, it is removed” or “on completion of (II) courses you can enroll...”, “after the expiration (II) of the contract period. .." etc.

Russian help desk response

Right: upon completion, upon completion, upon expiration etc. Preposition By in the sense of “after something.” used with the prepositional case.

How to write correctly: upon expiration of wearing period (clothing) or upon expiration of wearing period. and what rule applies here?

Russian help desk response

_After_ - in this combination (meaning “after”) the noun is in the prepositional case.
Question No. 231356
Which is correct: “after 12 days” or “after 12 days”? And is the phrase “the following decision has been made” acceptable in the text of an article on legal issues?

Russian help desk response

See http://spravka.gramota.ru/difficulties.html?let=з&id=120 [“Dictionary of Difficulties”]. The use of _decided_ is incorrect.
Question No. 210491
Hello! How to correctly write Upon expiration or Upon expiration or Upon expiration of the specified period?

Russian help desk response

In the meaning “after expiration” it is correct: _after the specified period_.

Driving a vehicle without a driver's license is unacceptable; this is a well-known dogma. But it is also known for certain that driver’s licenses are not issued to motorists for life, but must be replaced every 10 years, and sometimes more often, due to health reasons. Actually, you can read about the replacement of rights upon expiration here - “Replacement of rights upon expiration.”
Many people still have another question. Well, okay, the validity period has expired, and the driver did not immediately replace the license, but a year, two, or maybe ten passed. Is it possible to change rights after the rights expire if a significant amount of time has passed? This is the life situation we would like to answer in this article.

Rules for replacing driver's licenses after expiration

The fundamental document for replacing driver’s licenses is the “Rules for conducting examinations for the right to drive vehicles and issuing driver’s licenses.” Here it is worth referring to Chapter III “Issuance of Russian national and international driving licenses”. If you study this chapter, there is not a word about how long it takes to get a driver’s license again, after its expiration. That is, nothing is said about exactly when it is necessary to renew the validity of a driver’s license. This only means one thing: you can change your rights even the next day, even after 15 years, it will be equivalent and will not impose any restrictions on you.
Here we would focus on only one thing. If the license was handed over to the traffic police, say, when brought to administrative responsibility, then the storage period for the license, after the end of the period of application of the punishment, will be 3 years. This is stated in Article 32.6 of the Code of Administrative Offenses of the Russian Federation, part 5. As a result, you will need to prove the fact that you previously had rights... After all, let’s say, if 10-15 years pass, then the traffic police is absolutely not sure that they will store information about you.

Unclaimed documents are stored for three years. After the specified period, unclaimed documents are subject to destruction.

Here we can assume that information about the rights that are subject to replacement is stored in the database for about 3 years. Then they can simply be removed from the database. As a result, if they are not in the traffic police database and you do not have an expired license in your hands, then it will be difficult to prove that you ever had a license at all. If the period is long, then you must have your license or training documents from a driving school with you, since without these documents it will be difficult to replace them...

What is needed to replace licenses that have expired for several years?

Now you can refer to the information from the article that we mentioned in the introduction. However, since we have a self-sufficient article, we will bring everything to its logical conclusion. So, if you come a few years later, after your driver’s license has already expired, you will need:

Application for replacement of driver's license. It is written according to the model in the traffic police;

An expired driver's license or its duplicate (the duplicate is similar in appearance, except that it has special marks in the column - a duplicate with the number of the original driver's license that was originally issued);

- Medical certificate. This certificate is similar to obtaining a license; currently, a medical certificate of the established form (order dated September 28, 2010, number 831) can be obtained not only in city clinics, but also in private ones;

Identification. So for the average person it is an ordinary passport, for a military person it is a military ID. It is important that the passport contains registration;

You have to pay the state fee. There are two options, if you want to get a license on a plastic basis, then it is 2000 rubles (new generation 3000 rubles). (2018, part 43.1, article 333.33 of the Tax Code of the Russian Federation)
Payment of the license fee can be made through any bank (no matter the SB RF or commercial) or paid at self-service kiosks (at ATMs if such payment is supported); When paying through the State Services website, you can get a 30 percent discount until 2019.

If you have any other documents related to your driver’s license, take them with you just in case (certificate from a driving school, SAI membership book). In any case, they will not interfere, despite the fact that they are not required by law, you will still be able to show them if the inspector is in an inappropriate mood;

All this is in accordance with paragraphs 29 and 30 of the “Rules for conducting examinations for the right to drive vehicles and issuing driver’s licenses” and the Tax Code of the Russian Federation, Article 333.33, part 43.1.

Please note that you do not need to pass a traffic rules exam! Finally, I must say that be present at the parade, as they will take your photo and immediately issue you an ID. That’s basically all that could be said essentially if your driver’s license expired several years ago and you still haven’t changed it.

Let's look at the spelling of the expression AFTER EXPIRATION (or AFTER EXPIRATION).

Part of speech

AFTER EXPIRATION is a derived preposition that comes from the noun "expiration". If you change a noun ending in -ie-, according to the general rule of the Russian language, the ending -I- will appear in the prepositional case. When a noun moves to another part of speech, this rule is preserved, therefore, the derived preposition AFTER EXPIRATION is always written with -I- at the end.

Example: At the end of his term of service, he was sent home. Upon expiration of the agreement, all relations between the partners ceased to be valid. At the end of the month we had to repay the debt.

Is it necessary to separate?

Very often, writers make a common mistake - the preposition AFTER EXPIRATION is isolated together with the noun “attached” to it. This happens due to the fact that when pronouncing the expression out loud, we pause (after 5 months....they broke up). In rare cases, isolation is necessary (only when the preposition is part of a clarifying construction).

For example: This Monday, after the expiration of our agreement, he must return 5 thousand rubles to me. On March 20, upon expiration of the old contract, we will have to conclude a new one.

Similar expressions

The preposition AFTER EXPIRATION can always be replaced with something similar in meaning and structure: AT THE COMPLETION, AFTER THE END (as you can see, the ending is also -I-).

Your literacy depends only on you!

Every car owner knows a simple truth: in order to be able to drive an “iron horse”, it is necessary to draw up a number of documents, the list of which is established at the state level, otherwise all driving trips will become illegal. One of these documents is a driver's license - a document that proves your ability to drive. They must correspond to the category of the vehicle you will be driving. The validity period of such a driver's license periodically expires, therefore, it is necessary to renew it. We tell you, dear readers, how to do this and how rights are replaced upon expiration in the material presented.

The article you are looking for provides a description of the procedure for replacing an outdated driver’s license with a new one due to the expiration of its validity period; however, in reality, the reasons may also be represented by other circumstances. Thus, you should contact government agencies for new “crusts” in the following situations:

  • upon marriage and change of surname;
  • when unofficial marks appear on the document (for example, if the license was bitten by your favorite pet, or painted by a child);
  • actually upon expiration of their validity period.

According to the law, rights are replaced due to their obsolescence once every ten years. This is due to the fact that:

  • for the safety of other road users, it is necessary to make sure that during the required period the driver’s physical and mental health condition has not deteriorated, that is, he does not threaten the lives of others;
  • the license form often changes within a specified period, usually becoming more convenient, therefore, updating it is also beneficial for the driver;
  • the photograph when replacing the driver's license also changes, which helps to avoid some misunderstandings when the driver is stopped by traffic service employees.

Replacing a driver’s personal license is done quite rarely; it just wouldn’t occur to anyone to go through this bureaucratic procedure, and besides, it’s not allowed according to the rules. That is why, when the time comes for replacement, drivers begin to ask the following questions:

  • where to go to replace the document;
  • what papers need to be collected to complete the procedure;
  • how much does it cost and so on.

We will help you figure this out.

Where to go to get a driver's license renewal

First, let's decide where a citizen who wants to change rights that have lost legal force due to expiration will need to go.

Option 1. If a citizen is a permanent resident of the Russian Federation, then in order to obtain rights valid in the country, as well as international rights, you must go to the State Automobile Inspectorate.

Usually, the replacement of the document is carried out by the owners of vehicles directly in the city where they live, however, if you went on a trip and suddenly discovered that the documents expire tomorrow, do not worry. According to an order issued by the government in February 2017, the exchange of an old document for a new one can be done by residents of Russia anywhere in the country. To do this, you just need to have all the necessary documents with you, find a branch of the State Automobile Inspectorate located near you, and contact the structure’s specialists for help.

Option 2. If you are in the country temporarily, then you can also obtain national rights valid on the territory of Russia at the State Automobile Inspectorate, however, not in each of its branches, but only in those that are located within the subject of the country in which the driver is on temporary residence. The same rule applies to international rights.

The fact that you previously changed your license in another division of the State Traffic Inspectorate does not play any role, since the database formed from data on drivers and vehicles registered to them is common to the entire system of the State Road Safety Inspectorate. Consequently, in other regions and divisions, specialists will not need to contact other departments to obtain the information necessary to replace rights.

Table 1. Summary of information received

Change rights due to expiration of the term in the MFC

We would like to draw the attention of our dear readers to a very interesting fact. For the convenience of car owners and other citizens who need to prepare documents in a short time, without having time to wander around various authorities, specialized organizations have been introduced in our country - multifunctional centers or MFCs.

MFCs are organizations that provide the opportunity to interact with the state on the “one window” principle. It is understood that the person hands over the necessary papers to the center specialist, after which the person who accepted them and other specialists of the organization independently contact other government bodies and municipal structures that provide people with certain services, for example:

  • replacement of driver's license;
  • replacement of passports and other directions.

The advantage is that you apply to only one place, and do not go through several authorities, which in a normal situation you have to go through on your own, wasting a lot of time.

So, starting from the fifth day of April 2017, car owner’s licenses that have become invalid due to expiration can be changed by contacting the organization in question, having also prepared all the necessary papers. Which ones will be described in one of the following sections of the presented material.

Replacement of rights after 10 years

The time frame within which a driver’s license is considered valid, as we noted earlier, is a full decade from the date of issue. You can find out when your document expires by looking directly at the document issued to you; it has a special column for this.

However, there are several nuances, if observed, you will have to change your rights earlier than expected. This is about:

  • changes that have occurred with information about the owner, for example, a change of a person’s first or last name is included in this category;
  • if the driver’s license changes its appearance under the influence of external factors, for example, it breaks, is covered with paint, etc.;
  • if the license was issued on the basis of documents submitted for verification, which later turned out to be counterfeit (which became known officially);
  • if your document was stolen or you lost it yourself;
  • in the event that the driver has received some changes in his own health, his license may also have to be changed.

In other words, the standard validity period of rights specified in legislative acts is one decade, however, whether you will have to change them earlier will be decided during their operation.

In addition, if we are talking about an international driver’s license, the period is not 10 years, but only 3 years.

Video - Replacing rights after expiration

What is needed to replace rights

In addition to the documents required to be submitted to the authorities, a list of which we will consider later in the article, you must pay for the procedure for replacing rights. This happens by depositing money in the form of payment of state duty. The amount that will have to be paid today is 2 thousand Russian rubles.

There is a way to reduce this cost, relevant for 2018. It consists of using a government services portal, that is, remotely transmitting all necessary information to a government agency. Those vehicle owners who prefer this option are entitled to a 30% discount on the specified amount. In other words, replacing a driver’s license with the help of government services will cost you only 1,400 rubles.

This opportunity will be valid until 2019, that is, drivers still have almost a whole year left.

What documents are needed to replace a driver's license in 2018

Now let's move on to the most exciting moment for many drivers - the list of documents that need to be prepared to replace a license, relevant for the current year.

  1. First of all, you need to write an application to replace the document; you can submit it in written and printed form. If you have not prepared this form, do not worry, you can fill it out directly at the State Road Safety Inspectorate. Just ask the specialist working there for the form.
  2. You are also required to provide data from your passport, which must be shown to government officials in the original. You can provide a copy of your passport or other document if your passport is lost and is being reissued.
  3. To obtain new rights after the existing document becomes outdated, you must provide a medical certificate to the inspection. This must also be done if the driver has experienced changes in his health; all other situations do not require a medical examination.
  4. It is also necessary to transfer the driver’s document in hand to the government agency.
  5. After paying the state duty receipt issued to you earlier in the structure, you must provide confirmation in the form of a check. In principle, if you forget to grab a receipt, it’s not a big deal, since representatives of the State Road Traffic Safety Inspectorate usually receive notifications about the receipt of funds via an electronic system, however, it may malfunction, therefore, it is in your interests to still take the paid receipt with you.
  6. In addition to all the papers listed above, which must be brought to the traffic police department in the original, you must provide photocopies of the same list. Of course, they can be done directly in the organ department, however, it will cost much more than in specialized institutions. In addition, there is usually a queue of people on site who forgot to make copies themselves, so you risk losing a decent amount of time.

Replacement of rights: exams and fines

Many drivers are also wondering whether they need to retake the driver's test to confirm their right to own and drive a vehicle.

We hasten to reassure you that you will not have to take any theoretical or practical exams when renewing your driver’s license.

As for fines, there are terrible rumors among drivers that in order to get a brand new driver's car, they will have to pay all previously imposed fines related to speeding and other troubles that happened on the road. However, this information is not correct, since such a restriction is not provided for by law, which you will inform the representative of the State Road Safety Inspectorate about if he demands from you financial payments in the desired direction.

However, it is better to pay the fines so as not to once again get involved in squabbles with representatives of traffic law enforcement, as this, at a minimum, will ruin your mood and make you seriously nervous. In addition, paying fines in advance is a much more beneficial solution for your wallet. The fact is that although traffic police officers do not have the right to refuse to replace your license, they can impose additional financial sanctions on overdue fines, adding double the amount of your debt for violations to the main amount, based on the fact that you paid it on time.

For example, if you had unpaid fines in the amount of 6 thousand Russian rubles, and you applied for a replacement license, representatives of the service will check the overdue payments, find the required amount and additionally prescribe a payment of 12 thousand. As a result, the innocent amount turned into 18 thousand rubles - the monthly salary of the majority of the population of the Russian Federation.

What do you need to change your license ahead of schedule?

Some drivers, who understand that when their license expires, they will not be able to contact the traffic police to replace it, are wondering whether this task can be completed ahead of schedule.

Before April 2017, this was impossible, however, from the 5th of that month, drivers received the right to early replacement of their licenses. When the deadline specified in the “boxes” approaches, you can contact the traffic police and receive an updated document.

All requirements in this case regarding the package of accompanying papers, as well as obtaining a medical certificate, remain in force. If one title from the list is not provided, drivers can only receive an updated version of the same license that they have in hand, meaning the validity period will remain the same. However, if you meet all the conditions, you will receive a driver's license valid for a full decade.

If, on the contrary, you delay the deadline for replacing the paper and drive a car with an expired license, representatives of the government agency that controls this issue will certainly fine you. The payment amount in this case will be from 5 thousand to 15 thousand Russian rubles. According to the law, if your driver’s license has expired, you are completely deprived of the right to drive; this rule applies even to emergency situations.

However, if you did not drive the car during the period for which you delayed the transfer of rights, then by law you are exempt from paying monetary sanctions, since being late in replacing a document in itself is not punishable by fines or penalties.

Which doctors do you need to see to get a certificate?

We have already mentioned above that in order to obtain a new driver’s license, citizens are required to undergo a medical examination, consisting of a certain list of representatives of certain areas of medicine.

Today, be sure to visit the following specialists:

  • surgeon;
  • narcologist;
  • dermatologist;
  • ophthalmologist;
  • psychiatrist;
  • therapist;
  • cardiologist.

Representatives of the fair sex will also have to visit a gynecologist's office, however, in many regions of the country, examination by this specialist is carried out solely upon request.

Specialists such as a narcologist and a psychologist are trained exclusively at the driver’s place of residence, and only in government institutions; other specialists can be trained in private medical organizations that have a license to operate.

Let's sum it up

As you can see, the procedure associated with replacing rights after their expiration date is quite simple. It is necessary to carefully comply with all requirements established at the state level, and also not to delay replacement, so as not to receive additional fines. It is also recommended to pre-pay all debts to the state so as not to leave the traffic police with additional financial sanctions.

Start preparing documents in advance, treat the issue with the utmost care. In the end, you are the one who needs the rights.

Often the regulations themselves define the procedure for their entry into force. In this case, a wide variety of wording is used indicating the time of entry into force, of which the most common in federal regulations are the following:

Upon expiration... from the date of official publication;

Upon expiration... after the day of official publication;

Considering that Federal Law dated June 14, 1994 N 5-FZ and Decree of the President of the Russian Federation dated May 23, 1996 N 763 (clauses 7 and ) it is permissible to establish a procedure for the entry into force of legal acts that is different from the rules provided for therein, wording on the conditions and procedure for entry These acts in force should be taken as carefully as possible.

First of all, it is necessary to distinguish between the wording “from the day of official publication” and “after the day of official publication”. This determines the decision on what day (on the day of publication or the day after publication) the document comes into force or what day is considered the beginning of the period if the entry into force of the document is associated with the expiration of a certain period.

Supporters of one position believe that if “with” is indicated, then the first day should be considered the day of official publication, if “after”, then the period begins to be calculated on the next day after publication. This point of view is justified by the fact that since the legislator, for some reason, uses two different prepositions, it means that they differ in meaning, and therefore they must be understood literally.

Proponents of another position believe that regardless of the wording “with” or “after”, the period begins to run the next day after publication. As an argument, the rules for calculating deadlines established by industry laws are given, for example: the Civil Code of the Russian Federation (Chapter 11), the Tax Code of the Russian Federation. It is also noted that this approach is more consistent with the provisions of special regulations governing the general procedure for the entry into force of legal acts, including Federal Law dated June 14, 1994 N 5-FZ, Decree of the President of the Russian Federation dated May 23, 1996 N 763 (paragraphs 5, and ). In the listed acts, when establishing the general procedure for the entry into force of legal acts, the preposition “after” is used.

Since the legislation does not currently regulate the issue of when the period associated with the entry into force of documents begins and ends, the possibility of using existing codes to determine these terms needs to be discussed in more detail. Is it correct to apply the rules of law by analogy in this case?

There are different points of view on this issue. According to one of them, there is no reason to use the norms of industry codes to calculate the terms for the entry into force of legal acts, since these codes establish the procedure for calculating the terms for regulating specific types of legal relations. Another point of view suggests the possibility of partial use of the norms of industry codes, in particular, Articles 191 and the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), establishing, respectively, the beginning and end of the period determined by the period of time. In this case, one should proceed from the admissibility of applying civil legislation by analogy on the basis of Article 6 of the said Code.

But even if we partially use the norms of the Civil Code of the Russian Federation, ambiguity still remains. Thus, Article 192 establishes that “a period calculated in months expires on the corresponding date of the last month of the period.” The question arises: does the period expire at 00 hours or at 24 hours of the corresponding date of the last month of the period? For example, a normative act was published on January 1 and comes into force after one month from the date of official publication. If we assume that the period began to run from the date of publication, i.e. from January 1, then the effective date of the document can be determined as either February 1 (if the period expires at 00 hours) or February 2 (if the period expires at 24 hours). And, by applying the Civil Code of the Russian Federation, according to which the course of a period defined by a period of time begins the next day after the calendar date or the occurrence of an event that determines its beginning, you can get the following date options - February 2 and February 3. Thus, with different options for calculating deadlines, you can get different dates.

To illustrate the ambiguity in the issue of calculating the dates for the entry into force of legal acts, we will give examples of different definitions of the date of entry into force of the same document.

Example 1.

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