The beginning and end of a period defined by a period of time. How to correctly write upon expiration or upon expiration

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The article you are looking for provides a description of the procedure for replacing an outdated driver’s license with a new one, due to the expiration of its validity period, however, in reality, the reasons may be represented by other circumstances.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.

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" 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: after completion, after.

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 what 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 meaning 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_.

Article 191 of the Civil Code establishes that 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. The rules for determining the end of the period are established in Article 192 of the Civil Code.

QUOTE THE DOCUMENT. The period, calculated in years, expires in the corresponding month and day of the last year of the term (Clause 1, Article 192 of the Civil Code of the Russian Federation).
A period calculated in months expires on the corresponding date of the last month of the term (clause 3 tbsp. 192 of the Civil Code of the Russian Federation).
A period calculated in weeks expires on the corresponding day of the last week of the term (clause 4 tbsp. 192 of the Civil Code of the Russian Federation).

Since the period begins not on the day that determines its beginning (let’s call it the defining date), but on the next day, this leads to difficulties in determining the last day of the period. The Civil Code does not explain which day the number of the last day of the term must correspond to - the defining date or the start date of the term. The answer is only in judicial practice.

Procedural deadlines. Explanations from the Supreme Arbitration Court are available only in relation to a similar procedure for calculating time limits established in Part 4 of Article 113 and Parts 1-3 of Article 114 of the Arbitration Procedural Code (these provisions on procedural time limits are formulated in the same way as the provisions of Article 192 of the Civil Code of the Russian Federation). In the opinion of the Presidium, the expiration date corresponds to the defining date (clause 15 of the information letter dated December 22, 2005 No. 99 “On certain issues in the practice of applying the Arbitration Procedural Code of the Russian Federation”). In other words, if, for example, for a monthly period the defining date is September 5, then the start date of this period is September 6, and the date of the last day of the period is October 5 (and if October 5 is a non-working day, then the next working day following it (Article 193 of the Civil Code of the Russian Federation).

Civil terms. Regarding the end date of civil law terms, the courts have the same point of view (see the definitions of the Supreme Arbitration Court of the Russian Federation dated 05/11/11 No. VAS-2668/11, dated 12/17/09 No. VAS-16083/09, decisions of the federal arbitration courts of the Moscow District dated 03/05. 11 in case No. A40-99593/09-110-659, dated 05.13.09 in case No. A40-72846/08-94-510, Ural District dated 05.19.11 in case No. A50-19096/2010, Volga District dated 25.05 .10 in case No. A57-958b/2002, West Siberian District dated March 17, 2009 No. F04-1547/2009 (2458-A03-12)).

ADVICE ON THE TOPIC
Regular tracking of debts will help you avoid missing the statute of limitations for the most common disputes (about collection of receivables).
Information can be kept in the form of tables. In the data on each receivable, it is necessary to indicate, among other things, the expiration date of the limitation period, as well as record all cases of its interruption, and in the event of such interruptions, promptly change the expiration date of the limitation period.

Without knowing the position of the courts on this issue, it is easy to make a mistake in calculations, believing that the end date of the period corresponds to the start date of its course. That is, in the situation from our example, with such an erroneous approach, we can assume that the last day of the deadline is not October 5, but October 6. Even very experienced lawyers sometimes make this mistake.

Deadlines that cannot be missed even by 1 day

There are a number of deadlines, missing which even by 1 day entails serious negative consequences. These are pretrial deadlines, beyond which a person loses the opportunity to exercise his rights and powers. Let's look at the most common of them.

Statute of limitations. As is known, claims brought with the omission of the statute of limitations, if the omission was declared by the second party to the dispute, are not subject to satisfaction (Article 199 of the Civil Code of the Russian Federation). The possibility of restoring a deadline missed for valid reasons is provided for citizens, but not for organizations (Article 205 of the Civil Code of the Russian Federation). Despite the fairly long duration of the general statute of limitations, situations are quite common when a statement of claim is filed with the court on the last day. For example, due to the large volume of judicial work in the company or due to too long attempts to resolve the conflict situation out of court. In such cases, the risk of missing the statute of limitations due to incorrect determination of the last possible day for filing a claim is especially high. The fact is that exactly how long the statute of limitations has passed does not matter. Even a one-day pass entails denial of the claim (see, for example, the decision of the Federal Arbitration Court of the Volga District dated May 25, 2010 in case No. A57-958b/2002).

Duration of power of attorney. Upon expiration of the power of attorney, the representative loses his powers. If the term of the power of attorney is not determined by a specific date, but is set in years or months, then errors in calculating the last day of the term are also possible, as well as in the case when the period in the power of attorney is not indicated at all (then it is equal to a year from the date of execution of the power of attorney - p 1>Article 186 of the Civil Code of the Russian Federation). The consequences of the expiration of the power of attorney depend on what actions it authorized the representative to perform.

Power of attorney for representation in court. With regard to procedural powers of attorney, in practice, situations are common when a statement of claim, a complaint to a higher authority, an application for review of a case by way of supervision or due to new or newly discovered circumstances is signed by a representative under a power of attorney, but at the time of transfer of this document to the court or sending by mail, the deadline this power of attorney has already expired. To perform a procedural action, it is not the day the document is signed that is important, but the day it is submitted to the court or delivered to the post office - this follows from Part 6 of Article 114 of the Arbitration Procedural Code. Consequently, if an application or complaint is filed after the expiration of the power of attorney, then it is considered to be filed by a person who does not have the authority to perform the relevant procedural actions. In this case, the court leaves the statement of claim or complaint without consideration (clause 7, part 1, article 148, clause 1, part 1, article 264, clause 1, part 1, article 281, clause 3, part 1, article 315, clause Part 1 of Article 296 of the Arbitration Procedure Code of the Russian Federation, determination of the Supreme Arbitration Court of the Russian Federation dated December 25, 2008 No. 16733/08 dated April 20, 2011 No. VAS-5474/11, resolution of the Federal Arbitration Court of the Far Eastern District dated August 21, 2008 in case No. A24-403/2008, determination of the Federal Arbitration Court of the Volga District dated May 22, 2008 in case No. A55-13840/07).

CASE STUDY. A representative of the company appealed to the Supreme Arbitration Court with a request to review the case by way of supervision. The power of attorney for the representative, attached to the supervisory complaint, was issued on 12/31/08 and is valid until 03/31/09, while the application for review of judicial acts according to the postmark on the envelope was submitted to the Supreme Arbitration Court on 04/01/09, that is, the next day expiration of the power of attorney. For this reason, the application was returned to the applicant (determination of the Supreme Arbitration Court of the Russian Federation dated April 15, 2009 No. 5047/09).

True, there is another position: in such a situation, the court must leave the statement of claim or complaint without progress, giving the applicant a period to submit a valid power of attorney (rulings of the federal arbitration courts of the West Siberian District dated October 11, 2007 in case No. A45-3814/2007-29/ 56, Moscow District dated November 10, 2008 in case No. A40-9270/08-115-19). But in any case, it is risky if a representative under an expired power of attorney files a statement of claim at the end of the limitation period or at the end of the period for appeal. The fact is that the limitation period is interrupted only by filing an application in the prescribed manner, that is, when the reasons that served as the basis for returning the application or leaving it without progress are eliminated (clause 15 of the resolution of the plenums of the Supreme Court dated November 12, 2001 No. 15, of the Supreme Arbitration Court dated 11/15/01 No. 18 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period”). And missing the procedural deadline for appeal due to termination of the power of attorney is not a valid reason for reinstating this deadline.

CASE STUDY. A representative of the company appealed to the Supreme Arbitration Court with an application to review the case by way of supervision on the last day of the term. The application was signed on 10/12/09 and submitted to the reception of the Supreme Arbitration Court of the Russian Federation on 11/05/09. At the same time, the power of attorney of the representative who signed and submitted the application was valid until 10/15/09. Due to the fact that the application was submitted after the expiration of the power of attorney, the Supreme Arbitration Court returned it with reference to paragraph 1 of part 1 of Article 296 of the Arbitration Procedure Code. Already outside the deadline for appeal (11/18/09), another representative of the same company, using a valid power of attorney, again filed a supervisory complaint, at the same time requesting the restoration of the missed deadline. However, the Supreme Arbitration Court also returned this application and refused to restore the deadline for appeal, considering that the reasons for missing it were not “independent of the applicant” (Part 4 of Article 292 of the Arbitration Procedure Code of the Russian Federation). The company filed a second petition to restore the deadline, believing that due to the expired power of attorney, the court should not have returned the application, but left it without movement, providing a period for the submission of a valid power of attorney. Repeatedly refusing to restore the deadline, the Supreme Arbitration Court indicated that the applicant’s position was erroneous. Leaving the application without progress is due to the elimination of doubts about the existence of authority to submit it, and in this case, the authority of the company representative had expired at the time of filing the application. The company had sufficient time to complete the application and submit it in the prescribed manner. By submitting the initial application on the last day of the deadline, the company itself deprived itself of the opportunity to eliminate the violation with a power of attorney and re-apply to the supervisory authority (rulings of the Supreme Arbitration Court of the Russian Federation dated 09.11.09, dated 11.17.09, dated 27.11.09 in case No. A40-45448/07 -56-384).

If the term of a power of attorney for representation in court expires after the initiation of proceedings on a claim or complaint, then the representative under such a power of attorney is not allowed to participate in the court hearing. He may be present due to the openness of the court hearing, but does not have the right to give explanations, present evidence, etc., since he does not have the powers of a representative (Article 62 of the Arbitration Procedure Code of the Russian Federation).

ADVICE ON THE TOPIC
Important deadlines that the company determines independently (for example, the validity period of a power of attorney, fulfillment of obligations in an agreement, etc.) are better indicated in the form of specific dates.
This makes it easier to track the end of relevant deadlines. With this option, errors are not possible due to incorrect determination of the last date of the deadline, as in cases where deadlines are set as a period of time (in years, months or weeks).

Why does the end of a term correspond to the defining date, and not the beginning of the term?

If we assume that the last day of the period should correspond not to the defining date, but to the start date of the period, then this will lead to an unjustified extension of the period determined by the period of time compared to the calendar flow of time. With this approach, the weekly period will be not 7, but 8 days, and the annual period will not be 365, but 366 days (meaning a non-leap year). For example, suppose that the defining date for the flow of a week is September 1 (Thursday). Accordingly, the start of the period is September 2 (Friday). If we assume that the end of the period corresponds to the day the period begins, then the weekly period expires on Friday, September 9. The period from September 2 to September 9 is 8 days. If we assume that the end of the period corresponds to the defining date, then the weekly period ends on Thursday, September 8 and is equal to 7 days.

Power of attorney to conclude a contract. If an agreement is signed by a representative after the expiration of his power of attorney, then the courts will recognize such an agreement as void or apply Article 183 of the Civil Code. The position on the nullity of such contracts is argued as follows: since, in violation of Article 160 of the Civil Code, the contract was not signed by a person authorized to complete the transaction, the mandatory written form was not observed. Consequently, the contract is void as contrary to the law - on the basis of Article 168 of the Civil Code (determination of the Supreme Arbitration Court of the Russian Federation dated December 7, 2007 No. 15573/07). Another judicial position is based on the provisions of Article 183 of the Civil Code: if a transaction concluded by an unauthorized person is subsequently not approved by the principal, then it is considered concluded on behalf and in the interests of the person who made it. If there was approval, then the transaction gives rise to rights and obligations for the represented person (resolution of the Federal Arbitration Court of the North-Western District dated July 16, 2009 in case No. A56-53697/2008).

Duration of concluding the main agreement. The preliminary agreement specifies the period within which the parties undertake to conclude the main agreement, and if such a period is not specified in the agreement, then it is equal to a year from the date of conclusion of the preliminary agreement (Clause 4, Article 429 of the Civil Code of the Russian Federation). Difficulties in calculating the last day of the term may arise if this period is set in years, months or weeks - for example, the main contract must be concluded within two months from the date of conclusion of the preliminary contract. The obligations stipulated by the preliminary agreement are terminated if, before the end of the period within which the parties must conclude the main agreement, it is not concluded or one of the parties does not send the other party an offer to conclude this agreement (Clause 6, Article 429 of the Civil Code of the Russian Federation). By virtue of this rule, an offer to conclude the main contract made to the counterparty after the deadline established in the preliminary contract no longer has legal significance, even if we are talking about a one-day delay. In this case, the counterparty cannot be forced to conclude an agreement through the court (decrees of the federal arbitration courts of the Moscow District dated 06.20.07 in case No. A40-67254/06-82-436, dated 03.31.11 in case No. A40-85999/10-60-557 ,North-Western District dated 03.23.09 in case No. A21-2456/2008).

Deadline for filing claims in a bankruptcy case. To repay the debt of a bankrupt company, at least in part, it is important for the creditor to present its claims in a bankruptcy case on time. This is possible at any stage of bankruptcy, but the deadline is two months from the date of publication of information about declaring the debtor bankrupt and opening bankruptcy proceedings. After this period, the register of creditors is closed (Clause 1, Article 142 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”). The possibility of restoring this period is not provided for by law.

CASE STUDY. As part of the bankruptcy case, the company applied to the arbitration court with a request to include its claims against the bankrupt in the register of creditors' claims. Information about declaring the debtor bankrupt and opening bankruptcy proceedings was published on September 23, 2006, and the creditor company filed the above application on November 24, 2006, believing that this was the last day of the two-month period. However, the court indicated that the period had expired the day before - November 23, 2006, so the debtor was denied inclusion of his claims in the register (resolution of the Federal Arbitration Court of the Ural District dated May 16, 2007 in case No. F09-3563/07-S4).

Theoretically, creditors have the opportunity to submit their claims even after the registry is closed, but in this case they are satisfied at the expense of the debtor’s property remaining after the claims of creditors included in the registry have been satisfied (if these late claims do not belong to the claims of the first or second priority). Therefore, the real opportunity for a late creditor to receive something for claims submitted after the registry was closed is virtually zero.

Deadlines for detecting defects in goods or work. The buyer has the right to make claims related to defects in goods if they are discovered within the time limits specified in Article 477 of the Civil Code. Incorrect calculation of the warranty period established for a product or the two-year period provided for in Article 477 of the Civil Code can lead to negative consequences for both the buyer and the seller.

If the buyer goes to court with claims related to defects in the goods, believing that the deadlines have been met, but the court takes a different position, then the buyer not only loses time, but also incurs unreimbursable legal costs. The seller may find himself in the same situation if he refuses to satisfy the buyer’s demands, believing that the deadlines have been missed. Moreover, for the delay in returning the money paid for the goods, the seller in this case will also have to pay interest for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation).

CASE STUDY. On July 21, 2003, the company purchased a camera worth over 30 thousand rubles. The warranty period for the camera according to the warranty card was 12 months. A year later (07/21/04) the camera was taken to a service center because an extraneous sound appeared during its operation. A technical examination showed that the cause was a manufacturing defect. Soon after the repair, the same defect appeared again, and the buyer contacted the seller with a demand to return the cost of the camera or replace it with a similar one. The selling company refused to comply with these requirements, believing that the defect was discovered one day after the end of the warranty period, which, in its opinion, expired on 07/20/04. However, the court supported the plaintiff’s position, considered the warranty period not to have been missed and recovered from the seller the cost of the camera, as well as the costs of the examination (resolution of the Federal Arbitration Court of the North Caucasus District dated October 6, 2005 No. F08-4322/2005).

Similar situations related to liability for deficiencies in the work performed are possible for the parties to the contract due to incorrect calculation of the deadlines for detecting inadequate quality of work results (Article 724 of the Civil Code of the Russian Federation).

Special rules for the duration of the contract

The duration of the contract is important for many reasons. In particular, beyond this period it is impossible to demand from the counterparty performance in kind (delivery of goods, performance of work, etc.), but only claims for liability for violation of obligations can be presented (resolution of the Federal Arbitration Court of the Far Eastern District dated July 31, 2008 No. F03 -A04/08-1/2956). In addition, the period of notification of the intention to extend the contract for a new period is often tied to the expiration date of the contract. That is, when, according to the terms of the contract, one party must notify the counterparty of the desire to extend the contract a certain time before its end, otherwise the contract is terminated. This is especially true for lease agreements (Clause 1, Article 621 of the Civil Code of the Russian Federation). If you incorrectly calculate the last day of the contract, you may miss the last day of the notice period.

Start of the contract term. With regard to the date of entry into force of the agreement, a special rule applies: the agreement enters into force and becomes binding on the parties from the moment of its conclusion (clause 1, article 425 of the Civil Code of the Russian Federation). Most contracts contain a similar clause. In this case, the moment of conclusion of the contract is considered to be the receipt by the person who sent the offer of its acceptance (Clause 1, Article 433 of the Civil Code of the Russian Federation). Accordingly, the agreement comes into force immediately on the day it is signed by both parties, and not on the next day (determination of the Supreme Arbitration Court of the Russian Federation dated July 27, 2011 No. VAS-9042/11, resolution of the Eighth Arbitration Court of Appeal dated October 20, 2009 in case No. A70-2800/26 -2007). That is, the rule of Article 191 of the Civil Code does not apply in this case. Therefore, for example, an agreement concluded on 09/01/10 with a validity period of 1 year comes into force on 09/01/10, and not 09/02/10.

Contract expiration date. However, there are no special rules regarding the expiration of contracts in the Civil Code. At first glance, it is obvious that the last day of validity of the contract from the above example, according to the rules of Article 192 of the Civil Code, is 09/01/11. But since, unlike ordinary terms, the contract period has a beginning and a defining date that coincide, the calculation of the last date of the term in this example does not correspond to the calendar flow of time. It turns out that the one-year period (from 09/01/10 to 09/01/11) is equal to 366 days, despite the fact that 2011 is not a leap year. From the point of view of the calendar passage of time, the contract period should end on August 31. This is how courts often determine lease terms. True, mainly only in cases where the lease agreement comes into force on the 1st of the month.

Rental period. If the lease agreement came into force on the 1st day of the month, then the last day of the lease period will not be the 1st, but the 30th (or 31st). For example, a lease agreement was concluded on 03/01/09 for a period of 11 months. The court came to the conclusion that the agreement expired on 01/31/10, and not on 02/01/10 (resolution of the Federal Arbitration Court of the Volga District dated 09/21/10 in case No. A57-503/2010). This approach prevails in judicial practice (decrees of the federal arbitration courts of the Volga-Vyatka District dated June 16, 2006 in case No. A79-10425/2005, West Siberian District dated November 20, 2007 in case No. A67-8129/06, Moscow District dated July 22. 08 in case No. A40-37160/07-64-301, North-Western District dated 12.20.10 in case No. A66-2625/2010).

But when the lease agreement was not concluded on the 1st day of the month, the courts, as a rule, consider the period according to the usual rules. For example, the contract was concluded on November 30, 2006 for a period of 11 months. According to the court, it is valid until October 31, 2007, that is, the last day of its validity is October 30, 2007 (decrees of the federal arbitration courts of the Moscow District dated November 1, 2008 in case No. A40-65604/07-82-606, dated July 19, 2007 to case No. KG-A40/5189-07, Central District dated 10/23/09 in case No. A23-1011/09G-15-92).

What explains this selective approach to calculating lease terms? Most likely, the reason is related to the position of the Presidium of the Supreme Arbitration Court regarding the lease period for the purpose of registering the agreement. In paragraph 3 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66, it was stated: the validity period of the lease agreement for a building (structure), determined from the 1st day of any month of the current year to the 30th (31st) day of the previous month of the next year , for the purpose of applying paragraph 2 of Article 651 of the Civil Code (that is, for mandatory state registration of an agreement) is recognized as equal to a year. It is possible that the courts automatically extended this approach to calculating lease terms to any cases, including when disputes are not related to the issue of the need to register the agreement, and also when the term of the agreement is not determined by specific dates, but is set in years or months from the date of conclusion of the agreement or transfer of the leased object.

Terms of other contracts. The situation considered by the Presidium of the Supreme Arbitration Court concerned only the term of the lease agreement; there are no similar explanations regarding the terms of other agreements. In addition, the letter dated January 11, 2002 No. 66 did not provide detailed explanations as to why the period was considered this way. Although the phrase that the validity period of the contract, defined from 06/01/2000 to 05/31/01, “is exactly one year,” indicates that the court proceeded from the calendar passage of time. At first glance, this does not correspond to Article 192 of the Civil Code. In fact, there is no contradiction. The fact is that this article, as mentioned above, does not explain what is considered a “relevant date” and “relevant month” for determining the end of the period, what these indicators must correspond to. But if we proceed from the fact that they must correspond to the calendar flow of time, then everything falls into place - both for determining the usual terms and for the validity periods of contracts. Moreover, this is how the terms of any contracts, not just leases, should be determined, and regardless of the date on which they begin. If, for example, the contract was concluded on 09/05/10 for a period of 1 year, then the last day of its validity should be 09/04/11. Judicial practice so far adheres to this position only in relation to lease agreements (and concluded on the 1st) only because the corresponding clarification of the Presidium of the Supreme Arbitration Court was given in relation to leases and using a specific example. But it is quite possible that the situation will change due to the entry into force of the Federal Law of 06/03/11 No. 107-FZ “On the Calculation of Time”, which now legislates obvious things: calendar week - a period of time from Monday to Sunday lasting 7 calendar days, calendar year - a period of time from January 1 to December 31 lasting 365 or 366 (leap year) calendar days (Article 2 of Law No. 107-FZ), etc. At the same time, paragraph 2 of Article 3 of Law No. 107-FZ establishes that the provisions of federal laws and other regulatory legal acts of the Russian Federation concerning the legal basis for calculating time are applied to the extent that does not contradict this law. Taking into account this norm, a weekly period determined for the purposes of civil law cannot exceed 7 days, a year cannot exceed 365 days (if the year is not a leap year), etc.

But, given that there is no judicial practice of applying the provisions of the law “On the Calculation of Time” for the purposes of civil deadlines, in order to avoid confusion with the calculation of contract terms, it is more convenient to define it by specific dates rather than by indicating a time period.

Colleague's experience

Elena Lebedeva, Managing Partner of the Megapolis Legal Center:

“In practice, it happened that a representative was not allowed to participate in a case, since his power of attorney was issued directly on the day of the court hearing (for example, 05/20/11) and the period was determined not by specific dates, but by indicating a period of time (for example, within three years ). The judge, referring to Article 191 of the Civil Code, indicated that the validity period of the power of attorney begins the next day after the calendar date that determines the beginning of the validity period of the power of attorney - that is, in this case, the power of attorney will begin to be valid only on 05.21.11.”

QUESTIONS ON THE TOPIC
The contract period is set “until December 31”. Will the last day of the contract be December 30 or 31?
From the point of view of the literal interpretation of this wording on the period, the contract is valid until December 30 inclusive. The date indicated after the preposition “before” is not included in the period determined by the contract (rulings of the Federal Arbitration Court of the North-Western District dated 05/03/11 in case No. A52-4169/2010, the Nineteenth Arbitration Court of Appeal dated 01/31/08 in case No. A64-3246 /07-20).

What are the consequences of missing the deadline for filing a claim if the parties to the contract are required to submit a claim procedure?
For delay in sending a claim to the counterparty, as well as for any other violation of the claim procedure, during subsequent consideration of the dispute in court, the court may attribute legal costs to the late party, regardless of the results of the consideration of the case (Part 1, Article 111 of the Arbitration Procedure Code of the Russian Federation, ruling of the Supreme Arbitration Court dated August 23. 10 No. VAS-10732/10).

How are deadlines defined in days calculated?
The Civil Code does not contain special rules for determining the end of such periods. The course of such periods also begins from the next day after the date or event that determines the beginning of the period (Article 191 of the Civil Code of the Russian Federation), and for obvious reasons, no difficulties arise in determining the last day of the period.

Evgenia Yakovleva, leading expert of the magazine "Company Lawyer"

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 similar ones 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!

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.