Periodically approached this dilemma, as I was not alone. The ambiguities of the Russian language, or rather the inconsistency of the Russian language rules interpret the norms of law, give rise to legal conflicts.
In determining the adoption of the claim and consideration of the case in the order of simplified production, the court indicated:
P to establish persons participating in the case BEFORE December 9, 2015 to fulfill the following actions;
If the review of the statement of claim, evidence and other documents entered the court BY The expiration of the deadline established by the arbitration court, they are not considered by the court and return to persons.
As it turned out, the opinion on this issue is retisted even in the judicial system itself, it is interesting, did any specific specteen appear on the current date? Currently, Google sends a similar analysis of this question that is below ...
For consideration of a specialist, an act of a federal body, containing the order, which was necessary to fulfill the Company on time until November 27, 2009, was raised before the specialist was the question: what date - 11/26/2009 or November 27, 2009.- is the last Day (term) execution of the prescription.
The conclusion of the specialist was the following: in the phrase "up to 11/27/2009" The pretext "before" is used in the value of the time limit. The noun "limit" in Russian implements a whole range of values, the main of which is "the trait, the boundary of something."
Thus, the time limit to submit documents is 11/27/2009. This means that the last day of filing documents for society should be considered on November 26, 2009. It should be noted that sometimes in business texts is used by the value of the formula "until 11/7/2009 inclusive". The adverb "inclusive" realizes the meaning "together with the last of what is called." In this case, the last day of the provision of documents will be considered 27.11.2009.
In the case under consideration, the adverb "inclusive" is missing, therefore, the last day of submission of documents should be considered on November 26, 2009.
However, other linguists with this specialist do not agree.
Philologist, Professor of Russian literature University of Emori (Atlanta, USA), Mikhail Epstein as follows as follows.
"Until Tuesday you do not put me out." The fact is that the pretext of "before" does not indicate whether the temporary border takes place at the beginning, or by the end of the day. Such is the mysticism of this Russian preposition: it does not distinguish between the beginning and the end of that time interval, which indicates. Therefore, you can interpret "until Tuesday" in any favorable sense: before the beginning of Tuesday or until the end of Tuesday. After all, Tuesday, like any day, has the beginning and the end, so "until Tuesday" can relate to midnight from Monday to Tuesday, and by midnight from Tuesday on Wednesday. " (http://subscribe.ru/archive/linguistics.lexicon/200906/29070544.html).
Linguists online portal gramota.ru in the "Difficulties of the Russian Language" also pay attention to the lack of clear Rules of the Russian language when determining the boundaries of the temporary value of the prepositions "to" and "software" and indicates that the value of the preposition data is the same (http: / /gramota.ru/spravka/hardwords/25_317).
Unfortunately, the lawyer cannot afford a similar "mystical uncertainty" when setting the value of the prepositions "to" and "software", as it is necessary to know exactly the end of one or another time.
However, legislation and law enforcement practice do not give a clear answer to this question.
Until exclusively.
So part 5 of article 16 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Procedure" indicates that the period defined in the executive document of the calendar date will end a day directly preceding the date specified in the executive document, if the executive document is prescribed to commit certain action to this date;
According to clause 3.3 of the regulations by the Bank of Russia by banks of loans secured by the pledge (blocking) of securities (Annex 6 to the provision of the Bank of Russia from 04.08.2003 N 236-P), the Bank of Russia's obligations to provide the Bank of Russia loans to the Bank of Russia are suspended from the working day preceding The day indicated in the notification.
Federal Law of 27.07.2006 N 137-FZ "On Amendments to Part of the First Tax Code of the Russian Federation ..." in Article 7 establishes that if the current provided by law on taxes and duty fees was not completed until January 1, 2007, specified Terms are calculated in the manner valid until the day of entry into force of this Federal Law (that is, from January 1, 2009). In this case, it can be seen that the terms expired on December 31, respectively, 2006 and 2008.
In favor of the interpretation allowing the time limit to determine the time limit "on time before .." as a period expired on the previous date, it is possible to bring the decision of the Presidium of the Supreme Arbitration of the Russian Federation dated January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02. The court found that the lease term specified in the contract (from 09/17/29 to 16.09.02) is valid on September 15, 2002 inclusive. At the same time, the court proceeded from the fact that the pretext "before" is used here in the value "not including the date next after this pretext".
Up inclusive.
In the current legislation, there are also reverse examples of the use of the design "up to ...", implying the importance in the "term to ... inclusive".
In particular, such a settlement is set out in Article 190, 194 of the Civil Code of the Russian Federation, Article 113 of the APC RF, Art. 107 Code of Civil Procedure of the Russian Federation Art. 6.1 NK RF. Determining the procedure for calculating the timing, the legislator establishes that the period can be determined by the calendar date, an indication of an event that must be used, or a period during which the action can be performed. If the time is set to make any action, it can be performed up to twenty-four hours of the last day.
The problem is that if Article 9 of the Customs Code has a direct reference to the Civil Code, then, for example, the Code of Administrative Offenses of the Russian Federation does not contain a separate article on the calculation of the deadlines for the implementation of state bodies, although the COAP of the Russian Federation contains many articles with serious Penalties for violation of the streets (see Article 10.5, 15.29, 19.5, 19.6, 19.7.1, 19.5.2, 19.6, 19.7.1, 19.7.2, 19.7.4, 19.8, 19.9, and others. Art. Code of the Russian Federation) Therefore, it is not clear whether the administrative The right to apply the analogy of the right from civil law or from civil executive law, where, as mentioned above, the regulation is completely opposite.
Difficulties causes and applying work in labor law. So, for example, Mine Minkovna N., with reference to judicial practice, believes that the pretexts of "to" and "software" should be distinguished. At the same time, if it is recorded "from March 5, 2008 to May 5, 2008," the noted dates are included. Unlike the above example, indicating the term with the pretext of "software" used by the pretext "until May 5, 2008. Means that the last day of the test falls on May 4th. (Minskina n Features of the trial period / Ezh-lawyer, 2008, No. 25 // ATP "ConsultantPlus").
This position also supports YORSH A.V., based on the lexical meaning of the "software" and "before" prepositions that "in the case of using the pretext of" software ", the last day of the period is subject to inclusion in the term of the contract, and in the case of using the pretext of" to " This day is not included in the term of the contract "(Ersh A.V. Comments on the information letter of the Russian Federation of January 11, 2002 №66" Review of the practice of resolving disputes related to rent "// Practice of consideration of commercial disputes: analysis and comments and reviews of the Presidium of the Wheel of the Russian Federation. Issue 1 / Ed. A.L. Novoselova, M.A. Rozhkova. M., 2007 // ATP "ConsultantPlus").
However, the Supreme Arbitration Court of the Russian Federation does not agree with the opinion of the authors about the use of the wording "before (by)", thereby giving both prepositions the same meaning, the essence of which is reduced to the fact that the contract is valid for the date indicated in it inclusive ( See for example. Resolutions of the FAS BJO dated 20.02.2008 No. A33-7634 / 07-F02-331 / 08 (determining the direction of the Russian Federation from 09.94.2008 No. 4346/08 in the transfer of this case to the Presidium of the Russian Federation to revise the supervisory procedure) and from 20.08.2007 No. A10-5925 / 06-F02-5393 / 07).
The Resolution of the FAS of the East Siberian District of June 19, 2009 No. A19-5489 / 09 indicates: by virtue of Art. 190 of the Civil Code of the Russian Federation End of the term of submission of a full customs declaration was determined by the calendar date - 10/30/2008, it follows that the full customs declaration No. 10616040/301008/0006511 submitted by society 10616040/301008/0006511 is considered to be courted within the prescribed period.
In the resolution of the FAS of the North-West District of 07.10.2003 No. A05-2696 / 03-144 / 18, it is indicated that in the requirement of the tax authority from 09.09.02 on the payment of tax (collection), a specific date of execution by the taxpayer was established for the debt to transfer debt to budgets, Not a period of time (days, month). At the same time, the preposition "before" has no legal significance.
Separately, it is worth noting the use of the design "on time to (by)" in relation to lease agreements.
According to the information letter of the Presidium of the CAP of the Russian Federation of January 11, 2002 No. 66 "Review of the practice of resolving disputes related to the rental" The term of the lease agreement (facilities), determined from the 1st day of any month of the current year to the 30th (31- A) the number of the previous month of next year, in order to apply paragraph 2 of Article 651 of the Civil Code of the Russian Federation, it was recognized as equal to year. However, as mentioned above, the presidium of you in the decision of January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02 took the exact opposite decision.
The arbitral tribunal determines the term of the contract in the same year and applies the relevant legal consequences in the form of recognition of a contract undone to the contracts, the beginning of which is not accounted for by the first month of one year, and the end - to the corresponding number of the year of the next one, which is not 30-M (31 -M) (Resolution of the FAS to 08.09.2008 No. F03-A51 / 08-1 / 3636, the Resolution of the FAS software from 28.01.2007 No. 12-2294 / 06-C14-5 / 41, the Resolution of the FAS SZO dated 27.03.2007 No. A21-7304 / 2005). The same procedure is valid if the expiration date of such a contract falls on the last number of months, which is 28th or 29th (see for example. Resolution of the FAS software from 28.02.2005 No. A65-10279 / 04-SG2-24 and a resolution FAS SZOs from 01.11.2004 No. A05-1245 / 04-30).
It should also be noted that the courts consider it possible to apply the real seizure and for cases of lease of land plots (clause 2 of Art. 26 of the RF RC), although in paragraph 2 of Art. 651 of the Civil Code of the Russian Federation speaks only about lease of buildings and structures. (See for example. Resolution of the FAS to 08/15/2008 No. F03-A59 / 08-1 / 2680, the resolutions of the FAS software from 19.12.2007 №A06-2373 / 2007-9 and from 08.23.2007 No. 57-14055 / 06-1).
In addition, the FAS of the Ural District in the definition of 31.03.2005 №F09-675 / 05GK equates the concepts of "no later" and "on time to".
It should also be paid to the application by the legislator of the pretext "to" in the text of the Code of Administrative Offenses of the Russian Federation.
According to Part 2 of Article 3.11 of the Code of the Russian Federation, disqualification is set for a period of six months to three years. At the same time, the maximum period of disqualification is 3 years, and not 2 years 11 months and 30 days.
According to Part 2 of Article 3.12 of the Administrative Code of the Russian Federation, administrative suspension of activities is established for a period of ninety days. At the same time, the maximum period of suspension of activity 90, and not 89 days.
In the articles of the special part of the COAP of the Russian Federation, the sanction establishes "from ... to ....". For example, in Article 19.7.3 of the Administrative Code of the Russian Federation provides for a sanction for legal entities in the form of an imposition of a fine of 500,000 to 700,000 rubles. The maximum size of a fine is 700,000 rubles. Similar structures apply in criminal law.
(as amended by Federal Law of 27.07.2006 N 137-FZ)
(see the text in the previous one)
1. Terms established by law on taxes and fees are determined by the calendar date, an indication of an event that should inevitably come, or on the action that must be accomplished, or a period of time, which is calculated for years, quarters, months or days.
2. The period of time begins the day after the calendar date or event of an event (performing an action), which is determined by its beginning.
3. The period calculated by the years expires in the relevant month and the number of the last year of the term.
At the same time, a year (with the exception of the calendar year) recognizes any period of time consisting of 12 months following in a row.
4. The term calculated by the quarters expires on the last day of the last month of the term.
At the same time, the quarter is considered to be equal to three calendar months, the countdown of quarters is conducted from the beginning of the calendar year.
5. The period calculated by the months expires in the relevant month and the number of the last month of the term.
If the end of the term falls for a month, in which there is no appropriate number, then the term expires on the last day of this month.
6. The term defined by day is calculated in working days if the time is not set in calendar days. At the same time, the working day is considered a day that is not recognized in accordance with the Russian Federation weekends and (or) inoperative festive day.
7. In cases where the last day of the term falls on a day, recognized in accordance with the legislation of the Russian Federation weekends and (or) inoperative festive day, the end of the deadline is considered the closest working day next.
8. Action, for which the deadline is set, can be fulfilled until 24 hours of the last day.
If the documents or cash were commissioned to the organization of communication up to 24 hours of the last period, then the term is not considered missed.
Art. 6.1 NK RF Part 1. The procedure for calculating the timing established by law on taxes and fees
tax code
Good day! It is well known to use happiness software and before.
Counting time. How to avoid mistakes
For example, vacation from 02.08.04 to 08.08.04, means inclusive, i.e. That the worker goes to work 09.08.04, and if from 02.08.04 to 08/09/04, the employee goes to work 09.08.04. The head disagree with me, since this rule, according to him, is not spelled out nowhere and it does not know the difference between before and by software. Please help with the source and judge us! Gennochka
Answer
The rule that you say is unknown to us. Pretext before In one of its values, "used when specifying the time limit"; pretext by with a vinitive case in one of the values \u200b\u200b"corresponds to the value of the pretext before"(Dictionary of the Russian language in 4 tons. / Ed. A. P. Evgenaya). To eliminate ambiguity, it is recommended to use the word inclusiveWhen you need to specify that the name is part of the gap: be on vacation from second to the eighth of August inclusive (or: from the second to the eighth of August inclusive). Prepositions before and by In the specified value, they differ, however, according to the compatibility. Pretext by It is used in sustainable combinations: on the throat (full of the throat), on the belt (stand on the belt in water). Pretext before It is used in the next. Combinations: goodbye to night, until morning and so on. But more often the use of variatives: from August to September and from (from) August to September; distribute at belt and to belt.
Conferences of the Interregional Public Movement "Committee for the Protection of Automotive Rights"\u003e Legal issues\u003e Communication with traffic police\u003e Woo's validity: on the meaning of prepositions "to" and "software"
View the full version (in russian): The validity of Wu: about the meaning of the prepositions "to" and "software"
30.04.2015, 21:36
Received a question:
Valid until 04/28/2015.
Man naturally is not going to pour out such an amount
going to appeal.
I am sure you came across this. Your opinion?
... The case was 28.04, it was written on old rights, which was issued on 04/28/2005,
Valid until 04/28/2015 ...
Art. 4.8 h. 1. Terms provided for by this Code are calculated for hours, days, days, months, years. The period of the period defined by the period begins the day after the calendar date or the occurrence of the event, which determined the beginning of the term.
Wu issued for a period of 10 years, the calendar date - 28.04.05 - the current starts the next day - 04/29/05, it becomes to be - at 24-00 04/28/15
Not the pretext is applied. "The girl was wrong."
art. 4.8 h. 1. The deadlines provided for by this Code are calculated ...
Wu issued for a period of 10 years, the calendar date - 04/28/05 - the current starts the next day - 29.04.05 ...
30.04.2015, 23:47
I understand the a priori installation that the traffic police inspector is simply because it cannot be right.
But I can't accept it, and in this case, Victor, you are mistaken.
Yes, and Dima, broadcasting his question, the answer knows perfectly, but for some reason hopes for some miracle.
The pretext is applied absolutely true and at 00 hours 29/04/15 the right to control the colleague of the questioned "turned into a pumpkin".
Sergey A. Lyalikov
01.05.2015, 00:02
at 00 hours 29/04/15 the right to control the colleague of the questioned "turned into a pumpkin."
So conversation about 28, and not about 29.
01.05.2015, 00:32
In general, it is not clear about what the dispute?
The law is clearly spelled out:
"6. The Russian national driver's license is issued for a period of ten years, unless otherwise provided by federal laws."
Issued on 04/28/2005.
Was 10 years old 04/28/2015?
Obviously, no.
01.05.2015, 00:38
That I described!
10 years of validity period, started 28/04/2005, ends at 23:59:59 27/04/2015.
This is exactly what is indicated in Wu :: "Really before ..."
That is, if you ask (for example) to bring you tea to 10.05 and I will come to you 10.05, then for you it will be too late? ... \u003d) \u003d) \u003d)
01.05.2015, 00:45
No, Sergey!
I am able to prepare tea myself, and I somehow did not borrow the Barsky.
But if you ask me to wait with anything up to 12 o'clock in the afternoon (or if you are correct "before the first of May") .. at 12:00:00 (or at 23:59:59 30/04 for option from brackets) I Personally, I will put the "tick" - the term came out!
01.05.2015, 00:48
Obviously yes! Passed!
28th began the eleventh year from the date of issue
The validity of Wu is calculated according to the CACAP rules?
... Codes do not contradict each other in this part.
GK: Article 190. Determination of the term
The term established by law, other legal acts, the transaction or the court appointed by the court is determined by the calendar date or expiration of the period of time, which is calculated for years, months, weeks, days or hours.
The term can also be determined by an indication of an event that should inevitably come.
Article 191. The beginning of the term determined by the time period
The period of time defined by a period of time begins the day after the calendar date or the events that the beginning is determined.
Article 192.
Russian language for us
The end of the period defined by the time period
1. The period calculated by the years expires in the relevant month and the number of the last year of the term ...
I looked at my Wu. Two dates: 4A) 07.09.14 4B) 07.09.24 - And no prepositions. I have the right to manage 10 years and one day! And the sky did not collapse on the ground and the Danube did not reverse ...
... 28th began the eleventh year from the date of issue
Received a question:
And the question is simple: the colleague wants to dilute on the penalty (already painted
15, in PDD plug 5-15). Came to extend the rights, it was slow on
entrance Sew ride without rights. The case was 28.04, on old rights it was written, which was issued on 04/28/2005,
Valid until 04/28/2015.
Gaits claim that 28.04 they are already invalid. According to the rules
The dughead of the language seems to be right, however ...
However, here's the opinion of a specialist: a philologist, a professor of Russian literature University of Emori (Atlanta, USA), Mikhail Epstein as follows as follows.
"Until Tuesday you do not put me out." The fact is that the pretext of "before" does not indicate whether the temporary border takes place at the beginning, or by the end of the day. Such is the mysticism of this Russian preposition: it does not distinguish between the beginning and the end of that time interval, which indicates. Therefore, you can interpret "until Tuesday" in any favorable sense: before the beginning of Tuesday or until the end of Tuesday. After all, Tuesday, like any day, has the beginning and the end, so "until Tuesday" can relate to midnight from Monday to Tuesday, and by midnight from Tuesday on Wednesday. " (http://subscribe.ru/archive/linguistics.lexicon/200906/29070544.html). Taken on http://apno.ru/content/View/258/39/
Since it is subject to ambiguous interpretation - art. 1.5 in full growth.
01.05.2015, 02:45
I understand correctly - after passing exams and receiving a driver's license 28.04.2005, a citizen has no right to manage, staying throughout the day on April 28, 2005 by a candidate for drivers ???
So you feel sorry if a citizen for 10 years is one of the overestimate day of laws? Sorry to you?
However, here's the opinion of a specialist: a philologist ... In order to understand the obvious, you do not need to be a specialist philologist, especially since this professor has a very strange idea of \u200b\u200bthe "mystics of the Russian pretext". In my opinion, the phrase "Until Tuesday you will not put me out." It should be understood unequivocally in the sense that on Tuesday you will not be installed. With regard to the topic of discussion, on Tuesday the right to control is no longer.
I looked at my Wu. Two dates: 4A) 07.09.14 4B) 07.09.24 - And no prepositions. I have the right to manage 10 years and one day! Not sure. More precisely, I am sure that not so.
In your case, without prepositions even obviously:
"... 4a) Date of issuing a certificate;
4B) Date of the expiration date of the certificate (http://base.consultant.ru/cons/cgi/online.cgi?req\u003ddoc ;base\u003dlaw ;n\u003d 160631) ... "
I think it is clear that the expiration date is not the last day of validity, and the day when the action has already ended.
... I think it is clear that the deadline date is not the last day of validity, and the day when the action has already ended. The date of the expiry of the period can fall at the weekend or a holiday. And then - Article 193. End of the term in non-working day
If the last day of the deadline falls on a non-working day, the end of the deadline is considered the closest working day next.
So - no "10 years and no more". The end of the deadline - enters how and the day of the start - on time.
"Freight day, arrival day per day I consider ..." (c)
In addition, you somehow modestly silent on my question about the start of the right to control ... if on 04/28/2005 this right is already there, it is quite clear that the last day of the action of this right will be 04/27/2015, because In accordance with Article 25 of the Federal Law on the BDD "Russian National Driving Equipment is issued for a period of ten years," and not for 10 years + 1 day.
Half a day of the legal management of stealing the driver also does not offer. 🙂
With such a calculation of Wu issued for 10 years minus one day. It is obvious that they gave out Wu not at 00 o'clock 00 minutes.
The Russian national driver's license issued before the introduction of this Regulation is valid until the expiration of the period specified in it (clause 27 of the Exam Rules for the right to manage vehicles and issuing driver's licenses approved by Decree of the Government of the Russian Federation of 24.10.2014 N 1097 "On tolerance to the management of vehicles ").
The procedure for filling out individual elements of a driver's license approved by the Order of the Ministry of Internal Affairs of the Russian Federation of 19.02.1999 N 120 "On Approval of Satures of Driving Cards", it was found that in the "Date of issue" and "really to" the number, month (2 digits) and year is affixed (Four digits) issuance and expiration of the certificate.
The validity of Wu is calculated according to the CACAP rules?
I understand correctly - after passing exams and receiving a driver's license 28.04.2005, a citizen has no right to manage, staying throughout the day on April 28, 2005 by a candidate for drivers ???
Well, nothing, the statute of limitations of attraction to JSC, from the next day, are considered, but this does not mean that on the day of the APN it is impossible to make a decree. For arrests and are taken out on the day of commission. In practice, it turns out that the time to attract 3 months. + 1 day.
My opinion is that the traffic police officers slightly got excited and their illegal actions caused a citizen of moral suffering.
But are there any underwater stones like casin's explanatory letters?
Letters, it seems, no, in view of the evidence of the question. Surprised that the opinions of colleagues were divided. EMNIP, you had a private complaint about the definition of the immobilization, where the deadline was installed before .... The court of first instance took the position of V.R., the higher story said that the term before ... Includes this date. Does not change?
it does not mean that on the day of the commitment of the APN it is impossible to make a resolution. For arrests and are taken out on the day of the commission of full growth ... And it is right! ©
"... Note. The provisions of this article are not applied if the other articles of this Code establish a different procedure for calculating deadlines, as well as when calculating the deadlines for administrative penalties."
Thus, until 23:59:59 (inclusive) of the day specified in the day of day 28.04.2015 it really.
+1
Personally, I agree with my grandfather and I can add that Wu is a derivative of the activities of the state authority, and the FZ has greater legal force. As a result, the period should be calculated by law, and not for this note before. You can add that under Part 3 of Art. 55 The Constitution of Law may be limited to the FZ, and not a NPA or some kind of up.
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Hello!
Until exclusively.
So part 5 of article 16 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Procedure" indicates that the period defined in the executive document of the calendar date will end a day directly preceding the date specified in the executive document, if the executive document is prescribed to commit certain action to this date;
According to clause 3.3 of the regulations by the Bank of Russia by banks of loans secured by the pledge (blocking) of securities (Annex 6 to the provision of the Bank of Russia from 04.08.2003 N 236-P), the Bank of Russia's obligations to provide the Bank of Russia loans to the Bank of Russia are suspended from the working day preceding The day indicated in the notification.
Federal Law of 27.07.2006 N 137-FZ "On Amendments to Part of the First Tax Code of the Russian Federation ..." in Article 7 establishes that if the current provided by law on taxes and duty fees was not completed until January 1, 2007, specified Terms are calculated in the manner valid until the day of entry into force of this Federal Law (that is, from January 1, 2009).
Prepositions "to" and "software": inclusive or not?
In favor of the interpretation allowing the time limit to determine the time limit "on time before .." as a period expired on the previous date, it is possible to bring the decision of the Presidium of the Supreme Arbitration of the Russian Federation dated January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02. The court found that the lease term specified in the contract (from 09/17/29 to 16.09.02) is valid on September 15, 2002 inclusive.
At the same time, the court proceeded from the fact that the pretext "before" is used here in the value "not including the date next after this pretext".
Up inclusive.
In the current legislation, there are also reverse examples of the use of the design "up to ...", implying the importance in the "term to ... inclusive".
In particular, such a settlement is set out in Article 190, 194 of the Civil Code of the Russian Federation, Article 113 of the APC RF, Art. 107 Code of Civil Procedure of the Russian Federation Art. 6.1 NK RF. Determining the procedure for calculating the timing, the legislator establishes that the period can be determined by the calendar date, an indication of an event that must be used, or a period during which the action can be performed. If the time is set to make any action, it can be performed up to twenty-four hours of the last day.
The problem is that if Article 9 of the Customs Code has a direct reference to the Civil Code, then, for example, the Code of Administrative Offenses of the Russian Federation does not contain a separate article on the calculation of the deadlines for the implementation of state bodies, although the COAP of the Russian Federation contains many articles with serious Penalties for violation of the streets (see Article 10.5, 15.29, 19.5, 19.6, 19.7.1, 19.5.2, 19.6, 19.7.1, 19.7.2, 19.7.4, 19.8, 19.9, and others. Art. Code of the Russian Federation) Therefore, it is not clear whether the administrative The right to apply the analogy of the right from civil law or from civil executive law, where, as mentioned above, the regulation is completely opposite.
The Supreme Arbitration Court of the Russian Federation does not agree on the use of the wording "before (by)", thereby giving both prepositions the same meaning, the essence of which comes down to the fact that the contract is valid for the date indicated in it (see for example. FAS Resolutions From 20.02.2008 No. A33-7634 / 07-F02-331 / 08 (defined by the Russian Federation from 09.94.2008 No. 4346/08 in the transfer of this case to the Presidium of the Russian Federation to revise the supervisory procedure) and from 20.08.2007 No. A10-5925 / 06-F02-5393 / 07).
The Resolution of the FAS of the East Siberian District of June 19, 2009 No. A19-5489 / 09 indicates: by virtue of Art. 190 of the Civil Code of the Russian Federation End of the term of submission of a full customs declaration was determined by the calendar date - 10/30/2008, it follows that the full customs declaration No. 10616040/301008/0006511 submitted by society 10616040/301008/0006511 is considered to be courted within the prescribed period.
In the resolution of the FAS of the North-West District of 07.10.2003 No. A05-2696 / 03-144 / 18, it is indicated that in the requirement of the tax authority from 09.09.02 on the payment of tax (collection), a specific date of execution by the taxpayer was established for the debt to transfer debt to budgets, Not a period of time (days, month).
At the same time, the preposition "before" has no legal significance.
Separately, it is worth noting the use of the design "on time to (by)" in relation to lease agreements.
According to the information letter of the Presidium of the CAP of the Russian Federation of January 11, 2002 No. 66 "Review of the practice of resolving disputes related to the rental" The term of the lease agreement (facilities), determined from the 1st day of any month of the current year to the 30th (31- A) the number of the previous month of next year, in order to apply paragraph 2 of Article 651 of the Civil Code of the Russian Federation, it was recognized as equal to year. However, as mentioned above, the presidium of you in the decision of January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02 took the exact opposite decision.
The arbitral tribunal determines the term of the contract in the same year and applies the relevant legal consequences in the form of recognition of a contract undone to the contracts, the beginning of which is not accounted for by the first month of one year, and the end - to the corresponding number of the year of the next one, which is not 30-M (31 -M) (Resolution of the FAS to 08.09.2008 No. F03-A51 / 08-1 / 3636, the Resolution of the FAS software from 28.01.2007 No. 12-2294 / 06-C14-5 / 41, the Resolution of the FAS SZO dated 27.03.2007 No. A21-7304 / 2005). The same procedure is valid if the expiration date of such a contract falls on the last number of months, which is 28th or 29th (see for example. Resolution of the FAS software from 28.02.2005 No. A65-10279 / 04-SG2-24 and a resolution FAS SZOs from 01.11.2004 No. A05-1245 / 04-30).
It should also be noted that the courts consider it possible to apply the real seizure and for cases of lease of land plots (clause 2 of Art. 26 of the RF RC), although in paragraph 2 of Art. 651 of the Civil Code of the Russian Federation speaks only about lease of buildings and structures. (See for example. Resolution of the FAS to 08/15/2008 No. F03-A59 / 08-1 / 2680, the resolutions of the FAS software from 19.12.2007 №A06-2373 / 2007-9 and from 08.23.2007 No. 57-14055 / 06-1).
In addition, the FAS of the Ural District in the definition of 31.03.2005 №F09-675 / 05GK equates the concepts of "no later" and "on time to".
It should also be paid to the application by the legislator of the pretext "to" in the text of the Code of Administrative Offenses of the Russian Federation.
According to Part 2 of Article 3.11 of the Code of the Russian Federation, disqualification is set for a period of six months to three years. At the same time, the maximum period of disqualification is 3 years, and not 2 years 11 months and 30 days.
According to Part 2 of Article 3.12 of the Administrative Code of the Russian Federation, administrative suspension of activities is established for a period of ninety days. At the same time, the maximum period of suspension of activity 90, and not 89 days.
In the articles of the special part of the COAP of the Russian Federation, the sanction establishes "from ... to ....". For example, in Article 19.7.3 of the Administrative Code of the Russian Federation provides for a sanction for legal entities in the form of an imposition of a fine of 500,000 to 700,000 rubles. The maximum size of a fine is 700,000 rubles. Similar structures apply in criminal law.
Due to the uncertainty of formulation in the "term to (by) ..." I advise you to apply to the legislative act of the Russian Federation, which directly regulates the issue specified in your "pieces".
So many copies are broken ...
\u003e\u003e\u003e Colleagues believe that if its attorney is specified at a specific date, the power of attorney acts during this date.
That is, this date is included in the time limit of the power of attorney. And if the power of rotation is specified until a specific date,
Everything is equally right and wrong. Rights "Help". Prepositions are equivalent, without additional explanation, the question of the extreme term (date) is unambiguously not decaying any of them.
For example, I remember that I repeatedly faced a similar interpretation of the differences "before and by" in the environment of lawyers.
Art. 191 of the Civil Code of the Russian Federation - Civil Code
Three years ago, the native university stood on her ears, because a millionth case was completely unexpectedly lost, which could not be lost in principle. So, urgently searched for a formal reason for the deferment of the executive list, one of the hooks was just the most "before and by". Alas, they did not find any clear explanations, although they were even ready to spend on Lingvaspert. And they did not continue, because they found that in the ill-fated sheet, even the name of the organization was indicated with an error. Well, a month later, with a third-party lawyer, it was easily played by everything in a higher court, and this "before and from" was simply forgotten.
Moral one: Write the word "inclusive" - \u200b\u200byou will withdraw all doubts.
The lawyer of the Nizhny Novgorod Board of Lawyers "Seika and Colleagues" Dmitry Hochlerner argues about what legal conflicts give rise to the ambiguities of the Russian language. For example, the document shows the term of execution "until November 20, 2009." The question arises, and when exactly this period - November 19, 2009, or is it all turns on on November 20 at this time?
One linguistic study was caught the author of this article. For consideration of a specialist, an act of a federal body, containing the order, which was necessary to fulfill the Company on time until November 27, 2009, was raised before the specialist was the question: what date - 11/26/2009 or November 27, 2009.- is the last Day (term) execution of the prescription.
The conclusion of the specialist was the following: in the phrase "up to 11/27/2009" The pretext "before" is used in the value of the time limit. The noun "limit" in Russian implements a whole range of values, the main of which is "the trait, the boundary of something."
Thus, the time limit to submit documents is 11/27/2009. This means that the last day of filing documents for society should be considered on November 26, 2009. It should be noted that sometimes in business texts is used by the value of the formula "until 11/7/2009 inclusive". The adverb "inclusive" realizes the meaning "together with the last of what is called." In this case, the last day of the provision of documents will be considered 27.11.2009.
In the case under consideration, the adverb "inclusive" is missing, therefore, the last day of submission of documents should be considered on November 26, 2009.
However, other linguists with this specialist do not agree.
Philologist, Professor of Russian literature University of Emori (Atlanta, USA), Mikhail Epstein as follows as follows.
"Until Tuesday you do not put me out." The fact is that the pretext of "before" does not indicate whether the temporary border takes place at the beginning, or by the end of the day. Such is the mysticism of this Russian preposition: it does not distinguish between the beginning and the end of that time interval, which indicates. Therefore, you can interpret "until Tuesday" in any favorable sense: before the beginning of Tuesday or until the end of Tuesday. After all, Tuesday, like any day, has the beginning and the end, so "until Tuesday" can relate to midnight from Monday to Tuesday, and by midnight from Tuesday on Wednesday. " (http://subscribe.ru/archive/linguist.../29070544.html).
Linguists online portal gramota.ru in the "Difficulties of the Russian Language" also pay attention to the lack of clear Rules of the Russian language when determining the boundaries of the temporary value of the prepositions "to" and "software" and indicates that the value of the preposition data is the same (http: / /gramota.ru/spravka/hardwords/25_317).
Unfortunately, the lawyer cannot afford a similar "mystical uncertainty" when setting the value of the prepositions "to" and "software", as it is necessary to know exactly the end of one or another time.
However, legislation and law enforcement practice do not give a clear answer to this question.
Until exclusively.
So part 5 of article 16 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Procedure" indicates that the period defined in the executive document of the calendar date will end a day directly preceding the date specified in the executive document, if the executive document is prescribed to commit certain action to this date;
According to clause 3.3 of the regulations by the Bank of Russia by banks of loans secured by the pledge (blocking) of securities (Annex 6 to the provision of the Bank of Russia from 04.08.2003 N 236-P), the Bank of Russia's obligations to provide the Bank of Russia loans to the Bank of Russia are suspended from the working day preceding The day indicated in the notification.
Federal Law of 27.07.2006 N 137-FZ "On Amendments to Part of the First Tax Code of the Russian Federation ..." in Article 7 establishes that if the current provided by law on taxes and duty fees was not completed until January 1, 2007, specified Terms are calculated in the manner valid until the day of entry into force of this Federal Law (that is, from January 1, 2009). In this case, it can be seen that the terms expired on December 31, respectively, 2006 and 2008.
In favor of the interpretation allowing the time limit to determine the time limit "on time before .." as a period expired on the previous date, it is possible to bring the decision of the Presidium of the Supreme Arbitration of the Russian Federation dated January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02. The court found that the lease term specified in the contract (from 09/17/29 to 16.09.02) is valid on September 15, 2002 inclusive. At the same time, the court proceeded from the fact that the pretext "before" is used here in the value "not including the date next after this pretext".
Up inclusive.
In the current legislation, there are also reverse examples of the use of the design "up to ...", implying the importance in the "term to ... inclusive".
In particular, such a settlement is set out in Article 190, 194 of the Civil Code of the Russian Federation, Article 113 of the APC RF, Art. 107 Code of Civil Procedure of the Russian Federation Art. 6.1 NK RF. Determining the procedure for calculating the timing, the legislator establishes that the period can be determined by the calendar date, an indication of an event that must be used, or a period during which the action can be performed. If the time is set to make any action, it can be performed up to twenty-four hours of the last day.
The problem is that if Article 9 of the Customs Code has a direct reference to the Civil Code, then, for example, the Code of Administrative Offenses of the Russian Federation does not contain a separate article on the calculation of the deadlines for the implementation of state bodies, although the COAP of the Russian Federation contains many articles with serious Penalties for violation of the streets (see Article 10.5, 15.29, 19.5, 19.6, 19.7.1, 19.5.2, 19.6, 19.7.1, 19.7.2, 19.7.4, 19.8, 19.9, and others. Art. Code of the Russian Federation) Therefore, it is not clear whether the administrative The right to apply the analogy of the right from civil law or from civil executive law, where, as mentioned above, the regulation is completely opposite.
Difficulties causes and applying work in labor law. So, for example, Mine Minkovna N., with reference to judicial practice, believes that the pretexts of "to" and "software" should be distinguished. At the same time, if it is recorded "from March 5, 2008 to May 5, 2008," the noted dates are included. Unlike the above example, indicating the term with the pretext of "software" used by the pretext "until May 5, 2008. Means that the last day of the test falls on May 4th. (Minskina n Features of the trial period / Ezh-lawyer, 2008, No. 25 // ATP "ConsultantPlus").
This position also supports YORSH A.V., based on the lexical meaning of the "software" and "before" prepositions that "in the case of using the pretext of" software ", the last day of the period is subject to inclusion in the term of the contract, and in the case of using the pretext of" to " This day is not included in the term of the contract "(Ersh A.V. Comments on the information letter of the Russian Federation of January 11, 2002 №66" Review of the practice of resolving disputes related to rent "// Practice of consideration of commercial disputes: analysis and comments and reviews of the Presidium of the Wheel of the Russian Federation. Issue 1 / Ed. A.L. Novoselova, M.A. Rozhkova. M., 2007 // ATP "ConsultantPlus").
However, the Supreme Arbitration Court of the Russian Federation does not agree with the opinion of the authors about the use of the wording "before (by)", thereby giving both prepositions the same meaning, the essence of which is reduced to the fact that the contract is valid for the date indicated in it inclusive ( See for example. Resolutions of the FAS BJO dated 20.02.2008 No. A33-7634 / 07-F02-331 / 08 (determining the direction of the Russian Federation from 09.94.2008 No. 4346/08 in the transfer of this case to the Presidium of the Russian Federation to revise the supervisory procedure) and from 20.08.2007 No. A10-5925 / 06-F02-5393 / 07).
The Resolution of the FAS of the East Siberian District of June 19, 2009 No. A19-5489 / 09 indicates: by virtue of Art. 190 of the Civil Code of the Russian Federation End of the term of submission of a full customs declaration was determined by the calendar date - 10/30/2008, it follows that the full customs declaration No. 10616040/301008/0006511 submitted by society 10616040/301008/0006511 is considered to be courted within the prescribed period.
In the resolution of the FAS of the North-West District of 07.10.2003 No. A05-2696 / 03-144 / 18, it is indicated that in the requirement of the tax authority from 09.09.02 on the payment of tax (collection), a specific date of execution by the taxpayer was established for the debt to transfer debt to budgets, Not a period of time (days, month). At the same time, the preposition "before" has no legal significance.
Separately, it is worth noting the use of the design "on time to (by)" in relation to lease agreements.
According to the information letter of the Presidium of the CAP of the Russian Federation of January 11, 2002 No. 66 "Review of the practice of resolving disputes related to the rental" The term of the lease agreement (facilities), determined from the 1st day of any month of the current year to the 30th (31- A) the number of the previous month of next year, in order to apply paragraph 2 of Article 651 of the Civil Code of the Russian Federation, it was recognized as equal to year. However, as mentioned above, the presidium of you in the decision of January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02 took the exact opposite decision.
The arbitral tribunal determines the term of the contract in the same year and applies the relevant legal consequences in the form of recognition of a contract undone to the contracts, the beginning of which is not accounted for by the first month of one year, and the end - to the corresponding number of the year of the next one, which is not 30-M (31 -M) (Resolution of the FAS to 08.09.2008 No. F03-A51 / 08-1 / 3636, the Resolution of the FAS software from 28.01.2007 No. 12-2294 / 06-C14-5 / 41, the Resolution of the FAS SZO dated 27.03.2007 No. A21-7304 / 2005). The same procedure is valid if the expiration date of such a contract falls on the last number of months, which is 28th or 29th (see for example. Resolution of the FAS software from 28.02.2005 No. A65-10279 / 04-SG2-24 and a resolution FAS SZOs from 01.11.2004 No. A05-1245 / 04-30).
It should also be noted that the courts consider it possible to apply the real seizure and for cases of lease of land plots (clause 2 of Art. 26 of the RF RC), although in paragraph 2 of Art. 651 of the Civil Code of the Russian Federation speaks only about lease of buildings and structures. (See for example. Resolution of the FAS to 08/15/2008 No. F03-A59 / 08-1 / 2680, the resolutions of the FAS software from 19.12.2007 №A06-2373 / 2007-9 and from 08.23.2007 No. 57-14055 / 06-1).
In addition, the FAS of the Ural District in the definition of 31.03.2005 №F09-675 / 05GK equates the concepts of "no later" and "on time to".
It should also be paid to the application by the legislator of the pretext "to" in the text of the Code of Administrative Offenses of the Russian Federation.
According to Part 2 of Article 3.11 of the Code of the Russian Federation, disqualification is set for a period of six months to three years. At the same time, the maximum period of disqualification is 3 years, and not 2 years 11 months and 30 days.
According to Part 2 of Article 3.12 of the Administrative Code of the Russian Federation, administrative suspension of activities is established for a period of ninety days. At the same time, the maximum period of suspension of activity 90, and not 89 days.
In the articles of the special part of the COAP of the Russian Federation, the sanction establishes "from ... to ....". For example, in Article 19.7.3 of the Administrative Code of the Russian Federation provides for a sanction for legal entities in the form of an imposition of a fine of 500,000 to 700,000 rubles. The maximum size of a fine is 700,000 rubles. Similar structures apply in criminal law.
What to do?
In view of the uncertainty of the wording in the "term to (by) ..." try to avoid its use, or indicate "on time before (by) ... inclusive." Linguistic expertise does not help here, since linguists note the possibility of using prepositions in both values. You can also try to incline the court to your side, selectively using the above examples confirming the desired position. When leased real estate, in order to avoid state registration, it is reasonable to use the current practice of concluding an agreement for 11 months.
The optimal way to solve the specified problem would be amending the main codes (CACAP, GK, TRC, Tamk, NK, Code of Code of Criminal Procedure, CPC, AIC) establishing, uniform requirements for terms of period, for example, as indicated in Article 16 of the Federal Law "On Executive production. " So it would be possible to eliminate linguistic inaccuracy and any differences in the application.
If it is necessary to interpret and apply the existing design in the "term to (by) ..." without refining "inclusive / exclusively", according to the author of this article, follow the following rules.
1.Ittility was established by an actuator or an act of a bailiff, it expires the day preceding the specified date.
2. The term of the real estate lease agreement determined from the 1st day of any month of the current year to the 30th (31st) number of the previous month of next year, in order to apply paragraph 2 of Article 651 of the Civil Code of the Russian Federation, was recognized as equal to year. The same rules act for dates within a month if the number of rental days is equal to year.
3. If the term is calculated in months or years, although it is specified by a specific date, and is dedicated by the end of the month or the year (for example, "until December 31, 2001" or "until January 1, 2001", "until" April 30, 2000 "or" until May 1, 2000 "), then the period is regardless of the instructions on the last or first day, expires on the last day of the relevant month or year.
4. In other cases, when determining the deadline for the formula "on time ... to (by), it is believed that the term expires up to 24 hours of the specified date, regardless of the standing pretext" to "or" software ". If the action must be made directly in a specific organization, the term expires at that time when the working day ends in this organization or the relevant operations are terminated.
5. Additional deadlines are the exception:
A) term in working days. If the last day of the term in public relations, i.e. In judicial (procedural), executive, administrative, tax, customs and labor relations accounted for non-working day, then the end of the deadline is considered the closest working day next.
B) term in calendar days. This exception does not apply to the internal terms of the execution of the instructions of the executive bodies and the prosecutor's office. For them, the rule is: if the last day of the execution of the order accounts for non-working day, it is subject to execution in the working day preceding it (see, for example, paragraph 48 of the Government of the Russian Federation of 01.06.2004 No. 260 "On the Regulations of the Government of the Russian Federation and the Regulations on the Authority Government of the Russian Federation "and similar regulations of other departments). In civil law relations, deadlines are calculated in calendar days, if it is not indicated in the contract
Hello, tell me how in this proposal it is true to arrange the commas small vessels weighing up to 200 kilograms inclusive and power of engines (in the case of installation) to 8 kilowatts inclusive, as well as sports sailing ships, the length of which does not exceed 9 meters that do not have engines and on which There are no recreation sites are not subject to state registration in the register of small vessels.
Not enough comma for words not subject to. The rest of the punctuation is true.
| Question number 301063. | ||
In the detention decree, the date "until February 12, 2018" is indicated without adverbing "inclusive." Question: What number the suspect should be released from under guardians?
Russian reference service response
There is no unambiguous answer to this question. Pretext before does not indicate that this day is included on time or not.
| Question number 299392. | ||
Hello! In the offer "Provide a document to the 15th number" 15, the number is included in the provision or extreme period will be the 14th?
Russian reference service response
The offer can be understood and so.
Therefore, to avoid discrepancies, the documents are better to use the wording up to 15 numbers inclusive.
| Question number 297827. | ||
Only until September 31, inclusive, free shipping in Moscow when ordering from 2 units of the Action Product! good day. Are the commas before and after the word "inclusive" in this sentence?
Russian reference service response
Commas are not required. It is also not required to increments with digit 2, and even better to use the letter writing: two units.
| Question number 296661. | ||
How are the prepositions "to" and "software" in the context of the temporary limit of the contract / power of attorney? What turns on the date, and what limits the term?
Russian reference service response
Prepositions are synonymous (both involve the inclusion of the designated date within the relevant time). If necessary, clarify also write "to ... inclusive."
| Question number 296049. | ||
Good day. Please tell me in the phrase "submitted until December 11, 2017. The statements filed after December 11, 2017 are not subject to satisfaction" is included in the date of 11.12.2017 or not? Thanks for the answer.
Russian reference service response
If there is no word in the sentence inclusive, it is impossible to give a unambiguous answer.
| Question number 293827. | ||
Good day! Do they need commas in the phrase "monthly from 20 to 25 number inclusive ...". Thanks in advance for the answer.
Russian reference service response
In the given passage there is no reason for the formulation of commas.
| Question number 293765. | ||
Tell me, please, whether the word "Care" is used correctly in the text. Or must still "loan"? The microzhemom is: from 30 thousand rubles. up to 3 million rubles. For a period of 3 months. up to 3 years; repayment by monthly equal urgent payments (annuity payments) at a rate of 10% per annum (according to individual programs - 7%); lack of "commissions" and "hidden payments"; the provision of a grace period (only percent only) for up to 3 months; The possibility of complete or partial early repayment of debt after 3 months from the day the loan is provided without additional borrowed expenses. Microdises of up to 500 thousand rubles. Include can be provided without collateral, under the guarantee of legal or individuals. The Fund has special programs for the provision of mines: for peasant (farmer) farms; For beginner entrepreneurs - the winners of the regional and municipal competitions for the provision of subsidies to the beginning of their own business; "Tender loan" - for small and medium-sized businesses involved in competitive procedures for the purchase of goods, works and services for state and municipal needs; Combining microzers and leasing financing schemes (according to individual agreements with leasing companies).
Russian reference service response
In the nominative case of units Numbers right only loanAll other cases are formed from the foundation loan-: loan, loan etc.; in plural: loans, loans, loans and so on. Therefore, right: microzhem, but microloam.
| Question number 293346. | ||
Hello. Tell me, is there a difference in applying prepositions "to" and "software"? If I use the phrase on a letter or oral speech: "From today to September 1, I will be on vacation," it means that September 1 is included on the date of leave, and additionally use the word "inclusive" is not necessary? And by analogy, if I say: "From today before September 1, I will be on vacation," it means that on August 31, the last day of vacation? Please explain this question. Thank you.
Russian reference service response
| Question number 292792. | ||
Good day! Is there a meaningful difference between 2 phrases: "documents before April 25 - the work of documents on April 25th. Do they mean on April 25 inclusive or not? Thank you!
Russian reference service response
| Question number 292512. | ||
Hello! What time period means the proposal of the following content: "A person must work after the end of the university at the enterprise up to five years?" The word "inclusive" is absent, that is, it may be one day? Do I understand correctly??
Russian reference service response
Up to five years is the upper limit. The lower here is not specified. It is only that it should work after all.
| Question number 285847. | ||
Tell me, the difference between pretexts before and by which one includes or does not include a specific event? For example, an action before or a share of the 15-number, which of the options includes the date 15th?
Russian reference service response
It is believed that the pretext before(such a date) is used if not included in the time interval, but the preposition byuse if they want to emphasize that the date is included in the specified period. But in any in a dictionary such a difference between pretexts beforeand bynot held, no reference book confirms this opinion. Thus, both options - promotion up to 15 numbersand promotion of the 15th number -they definitely do not indicate whether the 15th number is included in this period. It is better to specify it separately, for example: from 1 to December 15 inclusiveor From 1 to 15 December inclusive.
| Question number 283837. | ||
How to write to 1.5 to be in the range, does the word "inclusive" need? from 0.91 to 1.5 or from 0.91 to 1.5 inclusive or from 0.91 to 1.5 (inclusive)
Russian reference service response
In order for the reader, there is no doubt that 1.5 enters the range, word inclusiveit is better to use. Brackets are optional (optional).
| Question number 283606. | ||
Up to 1 number. 1 number inclusive? Base?
Russian reference service response
If a word inclusiveabsent, then combination until the 1st daytwo ways can be interpreted (1-number turns on in the time interval / 1st number is not included in the interval).
| Question number 279630. | ||
Is it possible to use the expression: "The action of the supply regulations from 1 to 30," when it is meant that November 30 - inclusive? Or will it really be used only: "Action of the supply regulations from 1 to 30 November"?
Russian reference service response
Both options exactly do not indicate whether it turns on on November 30 for this period. It is better to specify this separately: "From 1 to 30 November inclusive" or "from 1 to 30 November inclusive."
Periodically approached this dilemma, as I was not alone. The ambiguities of the Russian language, or rather the inconsistency of the Russian language rules interpret the norms of law, give rise to legal conflicts.
In determining the adoption of the claim and consideration of the case in the order of simplified production, the court indicated:
P to establish persons participating in the case BEFORE December 9, 2015 to fulfill the following actions;
If the review of the statement of claim, evidence and other documents entered the court BY The expiration of the deadline established by the arbitration court, they are not considered by the court and return to persons.
As it turned out, the opinion on this issue is retisted even in the judicial system itself, it is interesting, did any specific specteen appear on the current date? Currently, Google sends a similar analysis of this question that is below ...
For consideration of a specialist, an act of a federal body, containing the order, which was necessary to fulfill the Company on time until November 27, 2009, was raised before the specialist was the question: what date - 11/26/2009 or November 27, 2009.- is the last Day (term) execution of the prescription.
The conclusion of the specialist was the following: in the phrase "up to 11/27/2009" The pretext "before" is used in the value of the time limit. The noun "limit" in Russian implements a whole range of values, the main of which is "the trait, the boundary of something."
Thus, the time limit to submit documents is 11/27/2009. This means that the last day of filing documents for society should be considered on November 26, 2009. It should be noted that sometimes in business texts is used by the value of the formula "until 11/7/2009 inclusive". The adverb "inclusive" realizes the meaning "together with the last of what is called." In this case, the last day of the provision of documents will be considered 27.11.2009.
In the case under consideration, the adverb "inclusive" is missing, therefore, the last day of submission of documents should be considered on November 26, 2009.
However, other linguists with this specialist do not agree.
Philologist, Professor of Russian literature University of Emori (Atlanta, USA), Mikhail Epstein as follows as follows.
"Until Tuesday you do not put me out." The fact is that the pretext of "before" does not indicate whether the temporary border takes place at the beginning, or by the end of the day. Such is the mysticism of this Russian preposition: it does not distinguish between the beginning and the end of that time interval, which indicates. Therefore, you can interpret "until Tuesday" in any favorable sense: before the beginning of Tuesday or until the end of Tuesday. After all, Tuesday, like any day, has the beginning and the end, so "until Tuesday" can relate to midnight from Monday to Tuesday, and by midnight from Tuesday on Wednesday. " (http://subscribe.ru/archive/linguistics.lexicon/200906/29070544.html).
Linguists online portal gramota.ru in the "Difficulties of the Russian Language" also pay attention to the lack of clear Rules of the Russian language when determining the boundaries of the temporary value of the prepositions "to" and "software" and indicates that the value of the preposition data is the same (http: / /gramota.ru/spravka/hardwords/25_317).
Unfortunately, the lawyer cannot afford a similar "mystical uncertainty" when setting the value of the prepositions "to" and "software", as it is necessary to know exactly the end of one or another time.
However, legislation and law enforcement practice do not give a clear answer to this question.
Until exclusively.
So part 5 of article 16 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Procedure" indicates that the period defined in the executive document of the calendar date will end a day directly preceding the date specified in the executive document, if the executive document is prescribed to commit certain action to this date;
According to clause 3.3 of the regulations by the Bank of Russia by banks of loans secured by the pledge (blocking) of securities (Annex 6 to the provision of the Bank of Russia from 04.08.2003 N 236-P), the Bank of Russia's obligations to provide the Bank of Russia loans to the Bank of Russia are suspended from the working day preceding The day indicated in the notification.
Federal Law of 27.07.2006 N 137-FZ "On Amendments to Part of the First Tax Code of the Russian Federation ..." in Article 7 establishes that if the current provided by law on taxes and duty fees was not completed until January 1, 2007, specified Terms are calculated in the manner valid until the day of entry into force of this Federal Law (that is, from January 1, 2009). In this case, it can be seen that the terms expired on December 31, respectively, 2006 and 2008.
In favor of the interpretation allowing the time limit to determine the time limit "on time before .." as a period expired on the previous date, it is possible to bring the decision of the Presidium of the Supreme Arbitration of the Russian Federation dated January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02. The court found that the lease term specified in the contract (from 09/17/29 to 16.09.02) is valid on September 15, 2002 inclusive. At the same time, the court proceeded from the fact that the pretext "before" is used here in the value "not including the date next after this pretext".
Up inclusive.
In the current legislation, there are also reverse examples of the use of the design "up to ...", implying the importance in the "term to ... inclusive".
In particular, such a settlement is set out in Article 190, 194 of the Civil Code of the Russian Federation, Article 113 of the APC RF, Art. 107 Code of Civil Procedure of the Russian Federation Art. 6.1 NK RF. Determining the procedure for calculating the timing, the legislator establishes that the period can be determined by the calendar date, an indication of an event that must be used, or a period during which the action can be performed. If the time is set to make any action, it can be performed up to twenty-four hours of the last day.
The problem is that if Article 9 of the Customs Code has a direct reference to the Civil Code, then, for example, the Code of Administrative Offenses of the Russian Federation does not contain a separate article on the calculation of the deadlines for the implementation of state bodies, although the COAP of the Russian Federation contains many articles with serious Penalties for violation of the streets (see Article 10.5, 15.29, 19.5, 19.6, 19.7.1, 19.5.2, 19.6, 19.7.1, 19.7.2, 19.7.4, 19.8, 19.9, and others. Art. Code of the Russian Federation) Therefore, it is not clear whether the administrative The right to apply the analogy of the right from civil law or from civil executive law, where, as mentioned above, the regulation is completely opposite.
Difficulties causes and applying work in labor law. So, for example, Mine Minkovna N., with reference to judicial practice, believes that the pretexts of "to" and "software" should be distinguished. At the same time, if it is recorded "from March 5, 2008 to May 5, 2008," the noted dates are included. Unlike the above example, indicating the term with the pretext of "software" used by the pretext "until May 5, 2008. Means that the last day of the test falls on May 4th. (Minskina n Features of the trial period / Ezh-lawyer, 2008, No. 25 // ATP "ConsultantPlus").
This position also supports YORSH A.V., based on the lexical meaning of the "software" and "before" prepositions that "in the case of using the pretext of" software ", the last day of the period is subject to inclusion in the term of the contract, and in the case of using the pretext of" to " This day is not included in the term of the contract "(Ersh A.V. Comments on the information letter of the Russian Federation of January 11, 2002 №66" Review of the practice of resolving disputes related to rent "// Practice of consideration of commercial disputes: analysis and comments and reviews of the Presidium of the Wheel of the Russian Federation. Issue 1 / Ed. A.L. Novoselova, M.A. Rozhkova. M., 2007 // ATP "ConsultantPlus").
However, the Supreme Arbitration Court of the Russian Federation does not agree with the opinion of the authors about the use of the wording "before (by)", thereby giving both prepositions the same meaning, the essence of which is reduced to the fact that the contract is valid for the date indicated in it inclusive ( See for example. Resolutions of the FAS BJO dated 20.02.2008 No. A33-7634 / 07-F02-331 / 08 (determining the direction of the Russian Federation from 09.94.2008 No. 4346/08 in the transfer of this case to the Presidium of the Russian Federation to revise the supervisory procedure) and from 20.08.2007 No. A10-5925 / 06-F02-5393 / 07).
The Resolution of the FAS of the East Siberian District of June 19, 2009 No. A19-5489 / 09 indicates: by virtue of Art. 190 of the Civil Code of the Russian Federation End of the term of submission of a full customs declaration was determined by the calendar date - 10/30/2008, it follows that the full customs declaration No. 10616040/301008/0006511 submitted by society 10616040/301008/0006511 is considered to be courted within the prescribed period.
In the resolution of the FAS of the North-West District of 07.10.2003 No. A05-2696 / 03-144 / 18, it is indicated that in the requirement of the tax authority from 09.09.02 on the payment of tax (collection), a specific date of execution by the taxpayer was established for the debt to transfer debt to budgets, Not a period of time (days, month). At the same time, the preposition "before" has no legal significance.
Separately, it is worth noting the use of the design "on time to (by)" in relation to lease agreements.
According to the information letter of the Presidium of the CAP of the Russian Federation of January 11, 2002 No. 66 "Review of the practice of resolving disputes related to the rental" The term of the lease agreement (facilities), determined from the 1st day of any month of the current year to the 30th (31- A) the number of the previous month of next year, in order to apply paragraph 2 of Article 651 of the Civil Code of the Russian Federation, it was recognized as equal to year. However, as mentioned above, the presidium of you in the decision of January 14, 2003 No. 9523/02 in case N A41-K1-8587 / 02 took the exact opposite decision.
The arbitral tribunal determines the term of the contract in the same year and applies the relevant legal consequences in the form of recognition of a contract undone to the contracts, the beginning of which is not accounted for by the first month of one year, and the end - to the corresponding number of the year of the next one, which is not 30-M (31 -M) (Resolution of the FAS to 08.09.2008 No. F03-A51 / 08-1 / 3636, the Resolution of the FAS software from 28.01.2007 No. 12-2294 / 06-C14-5 / 41, the Resolution of the FAS SZO dated 27.03.2007 No. A21-7304 / 2005). The same procedure is valid if the expiration date of such a contract falls on the last number of months, which is 28th or 29th (see for example. Resolution of the FAS software from 28.02.2005 No. A65-10279 / 04-SG2-24 and a resolution FAS SZOs from 01.11.2004 No. A05-1245 / 04-30).
It should also be noted that the courts consider it possible to apply the real seizure and for cases of lease of land plots (clause 2 of Art. 26 of the RF RC), although in paragraph 2 of Art. 651 of the Civil Code of the Russian Federation speaks only about lease of buildings and structures. (See for example. Resolution of the FAS to 08/15/2008 No. F03-A59 / 08-1 / 2680, the resolutions of the FAS software from 19.12.2007 №A06-2373 / 2007-9 and from 08.23.2007 No. 57-14055 / 06-1).
In addition, the FAS of the Ural District in the definition of 31.03.2005 №F09-675 / 05GK equates the concepts of "no later" and "on time to".
It should also be paid to the application by the legislator of the pretext "to" in the text of the Code of Administrative Offenses of the Russian Federation.
According to Part 2 of Article 3.11 of the Code of the Russian Federation, disqualification is set for a period of six months to three years. At the same time, the maximum period of disqualification is 3 years, and not 2 years 11 months and 30 days.
According to Part 2 of Article 3.12 of the Administrative Code of the Russian Federation, administrative suspension of activities is established for a period of ninety days. At the same time, the maximum period of suspension of activity 90, and not 89 days.
In the articles of the special part of the COAP of the Russian Federation, the sanction establishes "from ... to ....". For example, in Article 19.7.3 of the Administrative Code of the Russian Federation provides for a sanction for legal entities in the form of an imposition of a fine of 500,000 to 700,000 rubles. The maximum size of a fine is 700,000 rubles. Similar structures apply in criminal law.