After an hour or after. After

Let's analyze the spelling of the expression AFTER EXPIRE (or AFTER EXPIRE).

Part of speech

ON EXPIRATION is a derivative 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 passes into another part of speech, this rule is preserved, therefore, the derivative preposition AFTER THE EXPIRE is always written with -AND- at the end.

Example: At the end of its service life, it was sent home. After the expiration of the contract, all relations between the partners became invalid. At the end of the month, we had to return the debt.

Is it necessary to isolate?

Very often, writers make a common mistake - the preposition AFTER THE EXPIRE is isolated along 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 qualifying construction).

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

Similar Expressions

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

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The Civil Code of the Russian Federation (Articles 191 - 194) aims establishment of a unified procedure for calculating deadlines mainly in relation to cases where they are expressed by a certain period. For such cases, the beginning of the period and its end are provided.

According to Art. 191 of the Civil Code of the Russian Federation, the course, determined by the period of time, begins on the day following the calendar date or the corresponding event. So, if January 1 is recognized as the beginning of the term, the countdown will begin on January 2.

Special rules have been established for determining the moment of expiration, expressed in years, months, quarters, crescents and weeks (Article 192 of the Civil Code of the Russian Federation). Thus, the one-year term expires in the corresponding month and day of the last year. For example, if the calculation of a three-year period began on March 30, 2008, then March 30, 2011 is considered its last day.

Monthly term shall be recognized as expired on the corresponding date of the last month. Thus, a period of one month beginning on 30 April would be deemed to have expired on 30 May. The same rule applies to terms of six months and a quarter, while the quarter is recognized as equal to three months, and its serial number starts from the beginning of the year (i.e., the beginning of the first quarter is January 1).

There may be cases when the month in which the end of the term falls does not have a corresponding date. Then the rule applies, by virtue of which the term is recognized as expired on the last day of this month. So, taking into account the fact that in March there are 31 days, and in April 30 days, the monthly period that began on March 31 will end on April 30.

Period calculated in weeks, is considered expired on the last day of the last week. Thus, a weekly period that began on Wednesday is recognized as expired on Wednesday of the next week.

Rules on the calculation of the period indicated in days, also apply to weekly periods with the fact that a two-week period is considered equal to 15 days.

If the period is six months, the rules governing the calculation of monthly terms are applied.

In Art. 193, 194 of the Civil Code of the Russian Federation, two situations are highlighted, covering terms expressed not only by a period of time, but also by a certain date.

The first situation occurs when the corresponding date or the last day of the period falls on a non-working day, such as Sunday. Then the term is recognized as having come or expired, respectively, on the next next business day (in the above example, on Monday).

The second situation is related to the procedure for performing actions on the last day of the term. We are talking about the fact that the obligation is recognized as fulfilled on time if it happened before 24:00 of the corresponding day. In this case, we mean individuals, as well as organizations with round-the-clock work (especially communication organizations that accept written notices and applications around the clock are highlighted). If the organization has a limited working time (for example, up to 18 hours), the period is considered to have expired since the end of the last hour of the organization's work. If the organization has set a certain time for performing any operations (for example, in a bank for carrying out settlement operations, issuing cash), then the period expires at the hour when the corresponding operations are terminated according to the established rules.

Terms in civil legal relations are of great importance, but the attitude towards them is rather careless. Meanwhile, sometimes even a one-day delay can be critical.

The course of a period determined by a period of time begins the day after the calendar date or the occurrence of the event that determined its beginning (Article 191 of the Civil Code of the Russian Federation).

The rules for determining the end of the term are established in Article 192 of the Civil Code of the Russian Federation. If the time limit is calculated:

years, then it expires on the corresponding month and day of the last year of the term (clause 1, article 192 of the Civil Code of the Russian Federation);
months, then it expires on the corresponding date of the last month of the term (clause 3, article 192 of the Civil Code of the Russian Federation);
weeks, then it expires on the corresponding day of the last week of the term (clause 4, article 192 of the Civil Code of the Russian Federation).

The period does not begin on the day on which its beginning is determined, but on the next day. Therefore, it is often difficult to determine the last day of the term.

The Supreme Arbitration Court of the Russian Federation in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of December 25, 2013 No. 99 “On procedural deadlines” clarified that the expiration date of the term corresponds to the defining date (clause 2). This means that if the defining date for a monthly period is the 10th day, then the start date of this period is the 11th day, and the date of the last day of the period is the 10th day of the following month (or, if it is a non-working day, the next followed by a working day (Article 193 of the Civil Code of the Russian Federation)).

Two important tips:

it is more expedient to determine the most important dates by specific dates;
regular tracking of debts is a guarantee that you will not miss the statute of limitations on disputes (and, above all, on disputes about the collection of receivables).

By the way, if the term of the contract is set “until December 31”, then from a formal point of view it is valid until December 30 inclusive. The courts generally proceed from the fact that the date after the preposition "before" is not included in the period determined by the contract.

If the terms are defined in days, then the course of such terms also begins on the next day after the date or event that determines the beginning of the term (Article 191 of the Civil Code of the Russian Federation).

Meanwhile, there are deadlines for which skipping even one day can be fatal. So, the law calls the following preventive terms.

statute of limitations

Missing even one day will result in a dismissal of the claim. Claims filed with a lapse of the statute of limitations, if the second party to the dispute declared the omission, are not subject to satisfaction (clause 2, article 199 of the Civil Code of the Russian Federation). At the same time, organizations are not provided for the possibility of restoring the term - only for citizens (Article 205 of the Civil Code of the Russian Federation).

Power of attorney term

It is known that after the expiration of the power of attorney, the representative loses his authority. What consequences the expiration of the power of attorney will entail depends on the actions for which it was issued.

Suppose the term of the power of attorney to represent interests in court has expired. If an application (complaint) is filed after the expiration of the power of attorney, then it is considered filed by a person who does not have the authority to perform the relevant procedural actions, and the court leaves the statement of claim (complaint) without consideration (clause 7, part 1, article 148, clause 1 part 1 article 264, paragraph 1 part 1 article 281, paragraph 3 part 1 article 315, paragraph 1 part 1 article 296 of the Arbitration Procedure Code of the Russian Federation).

However, some courts consider it possible to leave the application (complaint) without movement, setting a deadline for the submission of a valid power of attorney (such a decision was made, in particular, by the Federal Antimonopoly Service of the West Siberian District of October 11, 07 No. A45-3814 / 2007-29 / 56), but don't count on it.

If the validity period of the power of attorney has expired after the initiation of proceedings on a claim (complaint), then the representative under such a power of attorney is not allowed to participate in the court session. No, he has the right to be present at the court session (otherwise it would mean a violation of the principle of openness of the court session), but he has the right to give explanations, present evidence, etc., since he does not have the authority of a representative (Article 62 of the Arbitration Procedure Code of the Russian Federation).

If the power of attorney to conclude an agreement has expired and the agreement is signed by a representative, then the courts will most likely recognize such an agreement as void. If the contract is not signed by a person authorized to conclude the transaction, then the mandatory written form (Article 160 of the Civil Code of the Russian Federation) is not observed, i.e. the contract is void due to the fact that it contradicts the law (determination of the Supreme Arbitration Court of the Russian Federation dated 07.12.07 No. 15573/07 ).

If a transaction concluded by an unauthorized person is subsequently not approved by the represented person, then it is considered concluded on behalf of and in the interests of the person who made it (Article 183 of the Civil Code of the Russian Federation). If approval has taken place, then the transaction gives rise to rights and obligations for the represented person.

Deadline for conclusion of the main contract

The term for the conclusion of the main contract is indicated in the preliminary contract. If it is not defined, then it is equal to a year from the moment the preliminary contract was concluded (clause 4, article 429 of the Civil Code of the Russian Federation). Difficulties arise when this period is set in years, months or weeks.

The law establishes that the obligations stipulated by the preliminary agreement terminate if, before the end of the period in which the parties must conclude the main agreement, it is not concluded or one of the parties does not send the other party a proposal to conclude this agreement (clause 6 of article 429 of the Civil Code of the Russian Federation ).

An offer to conclude a main contract made later than the deadline set in the preliminary contract no longer has legal significance. Even if it is at least one day late, the counterparty cannot be forced to conclude an agreement through the courts.

Deadline for filing claims in a bankruptcy case

It is possible to submit claims at any stage of bankruptcy, but no later than two months from the date of publication of information on declaring the debtor bankrupt and on the opening of bankruptcy proceedings, and after this period the register of creditors is closed (clause 1 of article 142 of the Federal Law of October 26, 2002 No. 127 -FZ "On Insolvency (Bankruptcy)"). I would say that the possibility of restoring this period tends to zero. No, theoretically, the creditor has the opportunity to file claims after the register is closed, however, these claims are satisfied at the expense of the debtor's property remaining after the satisfaction of the claims of creditors included in the register, if these late claims do not belong to the claims of the first or second priority. Thus, the opportunity for a late creditor to receive something on claims submitted after the registry is closed is very small.

Term for detecting defects in goods (works)

The buyer has the right to present claims related to defects in the goods if they are discovered within the time limits specified in Article 477 of the Civil Code of the Russian Federation.

If the product does not have a warranty period or expiration date, then claims related to the defects of the goods may be presented by the buyer, provided that the defects of the sold goods were discovered within a reasonable time, but within two years from the date of transfer of the goods to the buyer or within within a longer period, when such period is established by law or the contract of sale.

If the warranty period is established, then the buyer has the right to present claims related to the defects of the goods, if defects are found during the warranty period.

If an expiration date is established for the goods, the buyer has the right to present claims related to the defects of the goods if they are found during the expiration date of the goods.

If the warranty period provided for in the contract is less than two years and the defects of the goods are discovered by the buyer after the expiration of the warranty period, but within two years from the date of transfer of the goods to the buyer, the seller shall be liable if the buyer proves that the defects of the goods arose before the transfer of the goods to the buyer or for reasons occurring up to this point.

An incorrect calculation of the warranty period or a two-year period established for the product 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, and the court thinks otherwise, then the buyer will lose not only time, but also incurred legal costs.

Similarly, the seller suffers if he refuses to meet the requirements of the buyer, believing that the deadlines have been missed. In addition, for the delay in the return of money paid for the goods, the seller in this case will have to pay interest for the use of other people's funds in accordance with Article 395 of the Civil Code of the Russian Federation.

Contract time

After the expiration of the contract, it is not possible to require the counterparty to fulfill the obligation; it is only possible to present claims for liability for breach of obligations.

With regard to lease agreements, the expiration date of the agreement is often tied to the period for notification of the intention to prolong the agreement for a new period (clause 1, article 621 of the Civil Code of the Russian Federation). Therefore, if the last day of the contract is incorrectly determined, the last day of the deadline for such notification can also be missed.

The contract, as a general rule, comes into force from the date of its conclusion (clause 1, article 425 of the Civil Code of the Russian Federation) - such a condition contains the majority of contracts.

The date of conclusion of the contract is considered to be the receipt by the person who sent the offer of its acceptance (clause 1 of article 433 of the Civil Code of the Russian Federation), and the contract enters into force immediately on the day it is signed by both parties, and not the next day, i.e. the rule of article 191 of the Civil Code RF does not apply in this case. Thus, an agreement signed on July 1 for a year will come into force on July 1, and not on the second.

The Civil Code of the Russian Federation does not establish specific rules regarding the expiration of contracts.

Unlike the usual terms, the beginning of the flow of the contract and the defining date coincide, the calculation of the last date of the term in this example does not correspond to the calendar flow of time.

Term of the lease agreement

If the lease agreement entered into force on the 1st day of the month, then the last day of the lease term will not be the 1st, but the 30th (or 31st) day. The specified contract expires on the 31st, not the 1st - at least, this approach prevails in judicial practice.

But if the lease agreement is not concluded from the first day, then, as a rule, the terms are calculated according to the usual rules. That is, if the contract is concluded on the 30th for eleven months, then it will begin to operate from the 31st.

This approach is also supported by the position of the Presidium of the Supreme Arbitration Court of the Russian Federation, which clarified that the term of the building (structure) lease agreement, 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, is recognized equal to a year (clause 3 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11.01.02 No. 66).

Terms of other contracts

Federal Law No. 107-FZ of June 3, 2011 “On the Calculation of Time” fixed the obvious to everyone:

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 with a duration of 365 or 366 (leap year) calendar days (Article 2 of Law No. 107-FZ), etc.

Clause 2 of Article 3 of the said law establishes that the provisions of federal laws and other normative legal acts of the Russian Federation concerning the legal basis for calculating time shall be applied to the extent that they do not contradict this law.

Thus, a weekly period, determined for the purposes of civil law, cannot exceed seven days, and a yearly period cannot exceed three hundred and sixty-five days (if the year is not a leap year), etc.

Since there is no established jurisprudence for the application of this law, the best option would be to set a specific date, rather than specifying a period of time.

IMPORTANT

Claims filed with a lapse of the statute of limitations, if the second party to the dispute declared the omission, are not subject to satisfaction (clause 2, article 199 of the Civil Code of the Russian Federation). At the same time, organizations are not provided for the possibility of restoring the term - only for citizens (Article 205 of the Civil Code of the Russian Federation).

After the expiration of the contract, it is not possible to require the counterparty to fulfill the obligation; it is only possible to present claims for liability for breach of obligations.

A weekly period, determined for the purposes of civil legislation, cannot exceed seven days, and a one-year period cannot exceed three hundred and sixty-five days (if the year is not a leap year).

Andrey KORMAKOV, lawyer

Often, the regulations themselves determine their order of entry into force. In this case, a wide variety of formulations are used, indicating the time of entry into force, of which the most common in federal regulatory legal acts are the following:

After ... from the date of official publication;

After ... after the day of official publication;

Considering that the Federal Law of 06/14/1994 N 5-FZ and the Decree of the President of the Russian Federation of 05/23/1996 N 763 (paragraphs 7 and) it is allowed to establish a different procedure for the entry into force of the NLA compared to the rules provided for in them, the wording on the conditions and procedure for entry into force these acts in force should be taken with the utmost care.

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 of the question on which day (on the day of publication or the day after publication) the document enters into force or which 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 "from" 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 day after publication. This point of view is substantiated 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 on the day after publication. As an argument, the rules for calculating the terms 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 in line with the provisions of special regulations governing the general procedure for the entry into force of NLA, including Federal Law of 06/14/1994 N 5-FZ, Decree of the President of the Russian Federation of 05/23/1996 N 763 (paragraphs 5, and ). In these acts, when establishing the general procedure for the entry into force of NLAs, the preposition "after" is used.

Since at present the legislation does not 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 periods needs to be discussed in more detail. Is it correct in this case to apply the rules of law by analogy?

There are different points of view on this issue. According to one of them, there is no reason to use the norms of sectoral codes to calculate the terms for the entry into force of legal acts, since these codes establish the procedure for calculating 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), which establish, respectively, the beginning and end of the flow of a period defined by a 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 the norms of the Civil Code of the Russian Federation are partially used, the ambiguity still remains. Thus, Article 192 establishes that "a term calculated in months expires on the corresponding day of the last month of the term." The question arises: does the term expire at 00:00 or at 24:00 of the corresponding day of the last month of the term? For example, a normative act is published on January 1 and enters into force one month after its official publication. If we consider that the period began to run from the date of publication, i.e. from January 1, then the date of entry into force of the document can be defined as February 1 (if the deadline expires at 00 hours) and February 2 (if the deadline expires at 24 hours). And, by applying the Civil Code of the Russian Federation, according to which the course of a period determined 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 terms, you can get different dates.

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

Example 1

Write-off of accounts payable after the expiration of the limitation period- the amounts of accounts payable for which the limitation period has expired are written off for each obligation based on the inventory data, written justification and order (instruction) of the head of the organization and relate to ... ...

EXPIRY NOTICE- In insurance transactions: a written notice, which is sent by mail to the insured, indicating the date of expiration of the insurance under the policy ...

EXPIRY DATABASE- In insurance operations: a list based on an information database containing information about the beginning and end of the period of insurance for all issued insurance policies, which is used by an agent or insurer to control the timeliness ... Insurance and risk management. Terminological dictionary

INSURANCE EXPIRY CARD- In insurance transactions: a card containing information about the period of validity of insurance under the policy, which is used by the insurer or agent to control the timeliness of renewal of insurance for the next term ... Insurance and risk management. Terminological dictionary

RESTORATION OF THE TERM- - a legally regulated procedure for restoring the right of a party to take a procedural action after the expiration of a period missed for a good reason. In criminal proceedings, to a party who missed the procedural deadline for a good reason, this ... Soviet legal dictionary

after- the time he returned home ... Spelling Dictionary of the Russian Language

For goods (work) intended for long-term use, the manufacturer (executor) has the right to establish a service life period during which the manufacturer (executor) undertakes to provide the consumer with the opportunity to use ... ... Encyclopedic dictionary-reference book of the head of the enterprise

Calculation of the period after which it is not allowed to bring to administrative responsibility- a decision in a case on an administrative offense cannot be issued after two months from the date of the commission of an administrative offense, and for violation of the legislation of the Russian Federation on inland sea waters, ... ... Encyclopedic dictionary-reference book of the head of the enterprise

Term limit is a legislative norm that establishes a limit on the number of terms that a citizen can serve in a given elected office. In the case of presidential or semi-presidential systems, the term limit ... ... Wikipedia

STO Gazprom 2-1.9-089-2006: Forecasting the technical condition for a possible extension of the service life of thermal power equipment- Terminology STO Gazprom 2 1.9 089 2006: Forecasting the technical condition for a possible extension of the service life of thermal power equipment: 3.7 accident: Destruction or damage (rupture) of thermal power equipment (its elements) ... Dictionary-reference book of terms of normative and technical documentation

Restoration of the missed deadline for appealing a court decision in a criminal case- in the event that the time limit for appeal is missed for a good reason, the persons entitled to file a complaint may apply to the court that passed the sentence or issued another decision under appeal to restore the missed time limit. Petition for…… Encyclopedic dictionary-reference book of the head of the enterprise