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Judgment of the Presidium of the Supreme Commercial Court of 9 October 2012 № 6499/12 in the case The company “Chimagropromtorg” vs The state scientific institution “Elets experiment station for potato”

Point of law: whether the term for submission of cassational complaint in electronic form has been missed, given that the complaint came into the personal account of the user (a party to proceedings) on the final day provided by law for submitting it to cassational court, but the court has actually received it on the next day only?

Alternative attitudes: 1) the term has not been missed because the date of online submission of documents is the date of their receipt by the electronic system and not the date of their receipt by the court for which they were designated; or 2) the term has been missed because the confirmation of submission comes precisely to the personal account of the user and not to the commercial court which does not have access to the personal cabinet of the user.

Ratio decidendi: the first approach is legally correct.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.

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