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Judgment of the Constitutional Court of 11 November 2014 № 28-П upon the petition of citizens Kurochkin, Mikhailov and Rusinov

The constitutionality of denial to consider an application for the compensation for the violation of “the right to trial within a reasonable time” submitted by a person who was not deemed to be a victim for the purposes of criminal prosecution (also for the reason of its launching being denied), and a person who was deemed to be a victim, if from the moment of their application regarding the crime a considerable term has elapsed, which is commensurate with prescription terms for criminal prosecution, the extinction of which was a ground to refuse launching of a criminal proceedings or termination of criminal proceedings

Judgment of the Presidium of the Supreme Commercial Court of 11 December 2012 № 9604/12 in the case The company “Sibir Tranzitnefteprovod” vs The company “Karkade”

Point of law: from which moment should start the term for filing a complaint to cassational court if earlier an appellate court has refused to restore the missed term for appeal?

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?

Judgment of the Presidium of Supreme Commercial Court of 20 December 2011 № 12262/11 in the case of the company "Grosh&K"

Point of law: the federal law which entered into force on 1 November 2010 has limited the right to file to a court an application regarding the recovery of litigation costs by 6 month term from the moment of the completion of consideration of the case. Does this rule have a retroactive force and whether it may apply to cases whose consideration has been finished before that date?

 

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