Hatmullin, K.Y. Procedural periods according to the Charter of Criminal Judicial Proceedings of 1864

Abstract: The object of studies concerns regulation of procedural periods and their calculation according to the Charter of Criminal Judicial Proceedings of 1864. The article provides a brief description of the history of drafting of the Charter of Criminal Judicial Proceedings of 1864, the length of drafting, difficulties in its formation, naming the drafters of the Charter. The author provides a detailed analysis of the technique for the regulation of procedural periods at the stage of preliminary investigation and in court trial from the standpoint of establishing the terms for the state bodies and officials implementing judicial proceedings, and the procedural periods for the parties. The author uses analysis of the norms of the Charter of Criminal Judicial Proceedings of 1864 regulating the procedural periods for procedural acts and decisions, and he provides conclusions based upon descriptions and generalization of these norms. He makes a conclusion that regulation of procedural terms in the Charter of Criminal Judicial Proceedings of 1864 was aimed to speed up criminal judicial proceedings, so for decision making and acts of state bodies and officials there were terms like “immediately”, “in a timely fashion”, “without delay”, and if a certain period of time was established, it could not be lengthened. The periods for the parties were regulated differently. Usually, when the party missed the limitation periods due to reasonable excuse, the limitation period was reinstated, and an appeal could be filed on a refusal to reinstate such a period.

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