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Appealing to the courts against what the car owner considers an inadequate sentence is sometimes the only way to restore justice. However, in this case, unexpected and powerful
A resident of Velikie Luki, Pskov region, Yuri M., was suddenly confronted with a refusal to appeal against his sentence and ended up in court in a case under art. 17.17 Code of Administrative Offenses. It is usually used by citizens whose “rights” have been temporarily revoked by bailiffs – for debts. It happens that a motorist spits on the order and continues driving. If caught by a traffic police officer at this time, the driver will be registered under the above article. Because it provides for a sanction in the form of compulsory work or deprivation of the driver’s license for up to one year, the case is taken to court.
In this case – to the magistrate of station No. 36 of Velikiye Luki. On December 26, 2022, the latter sentenced the driver to 20 hours of compulsory labor for using his own car against the wishes of the bailiffs. The citizen was not satisfied with this state of affairs and decided to appeal the verdict to a higher court: the Velikiye Luki City Court.
However, his application was not accepted there. Based on the fact that he missed the deadline for appeal. Although the 10 working days from the time he received the settlement order have not yet expired. Strangely enough, but in even higher institutions of Themis the citizen was sent to all four directions. As a result, Yuri M. reached the Supreme Court.
And this last one finally put him in his place. On December 28, 2022, a copy of the court order on compulsory labor was handed over to the “defendant”. According to the norms of Russian administrative law, it came into force 10 days later, on January 8, 2023. That is, the last day of the appeal period was January 7.
The day fell on a Saturday, a day off, when the courts do not accept such documents. And before that, the New Year holidays in Russia officially lasted from December 31. For this reason, the citizen could only file a complaint against the magistrate’s decision at the Velikoluksky City Court on Monday, January 9 (on working days from December 29 to 30, 2022), and due to the workload he could not do so. ). However, on January 16, 2023, the driver was refused his application for judicial review ‘due to deadlines’.
In its decision in the case, the Supreme Court of the Russian Federation referred to Part 1 of Art. 30.3 Code of Administrative Offenses. It says that the time limit for appealing a judge’s decision is calculated in days. But it doesn’t say anything about working days or weekends. Therefore, the expiry date of the 10-day period cannot be postponed if it falls on a weekend. The Supreme Court thus supported the decision of the Velikuluksky Court to refuse to hear the citizen’s complaint. The highest authority even confirmed that the appeal period had been reduced from ten to just two days on entirely legal grounds.
Many drivers are still convinced that the appeal period is calculated in working days. Never mind! If something happens, you only have 10 days (!) to appeal the court’s decision and not an hour longer! This means that you must postpone all other matters and take time off from work, but you must file a complaint on time. Otherwise, you will be politely “dismissed” in your quest for justice because you miss the appeal deadline.
A resident of Velikie Luki, Pskov region, Yuri M., was suddenly confronted with a refusal to appeal against his sentence and ended up in court in a case under art. 17.17 Code of Administrative Offenses. It is usually used by citizens whose “rights” have been temporarily revoked by bailiffs – for debts. It happens that a motorist spits on the order and continues driving. If caught by a traffic police officer at this time, the driver will be registered under the above article. Because it provides for a sanction in the form of compulsory work or deprivation of the driver’s license for up to one year, the case is taken to court.
In this case – to the magistrate of station No. 36 of Velikiye Luki. On December 26, 2022, the latter sentenced the driver to 20 hours of compulsory labor for using his own car against the wishes of the bailiffs. The citizen was not satisfied with this state of affairs and decided to appeal the verdict to a higher court: the Velikiye Luki City Court.
However, his application was not accepted there. Based on the fact that he missed the deadline for appeal. Although the 10 working days from the time he received the settlement order have not yet expired. Strangely enough, but in even higher institutions of Themis the citizen was sent to all four directions. As a result, Yuri M. reached the Supreme Court.
And this last one finally put him in his place. On December 28, 2022, a copy of the court order on compulsory labor was handed over to the “defendant”. According to the norms of Russian administrative law, it came into force 10 days later, on January 8, 2023. That is, the last day of the appeal period was January 7.
The day fell on a Saturday, a day off, when the courts do not accept such documents. And before that, the New Year holidays in Russia officially lasted from December 31. For this reason, the citizen could only file a complaint against the magistrate’s decision at the Velikoluksky City Court on Monday, January 9 (on working days from December 29 to 30, 2022), and due to the workload he could not do so. ). However, on January 16, 2023, the driver was refused his application for judicial review ‘due to deadlines’.
In its decision in the case, the Supreme Court of the Russian Federation referred to Part 1 of Art. 30.3 Code of Administrative Offenses. It says that the time limit for appealing a judge’s decision is calculated in days. But it doesn’t say anything about working days or weekends. Therefore, the expiry date of the 10-day period cannot be postponed if it falls on a weekend. The Supreme Court thus supported the decision of the Velikuluksky Court to refuse to hear the citizen’s complaint. The highest authority even confirmed that the appeal period had been reduced from ten to just two days on entirely legal grounds.
Many drivers are still convinced that the appeal period is calculated in working days. Never mind! If something happens, you only have 10 days (!) to appeal the court’s decision and not an hour longer! This means that you must postpone all other matters and take time off from work, but you must file a complaint on time. Otherwise, you will be politely “dismissed” in your quest for justice because you miss the deadline for appeal.
Source: Avto Vzglyad
Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.
