Примери за използване на Procedural act на Английски и техните преводи на Български
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Criminal proceedings begin with the first procedural act.
The procedural act carried out after the time limit has elapsed is null.
Time limits for the third-party notice as a procedural act.
A procedural act carried out by a party after expiry of the time limit is null.
The petition is filed with the court in which the procedural act should have been performed.
In the event a specific procedural act has to be performed, the court will set a time limit for its performance.
The application is made to the court in which the relevant procedural act should have been performed.
If a procedural act is not performed within the set time limit, under certain conditions a deferral may be obtained(see question 10).
Establish a reasonable term for the judge to perform the procedural act or finalise the proceedings depending on the circumstances;
Any other procedural act adopted in the context of enforcement proceedings which should be notified in accordance with national law; and.
Statutory time limits, which are defined as preclusive time limits(meaning that failure to meet them renders a given procedural act null), are laid down in statutory laws.
Where the time limit for carrying out a procedural act ends on a day when the courts are closed, the period is extended to the next working day.
The Act on Criminal Proceedings requires the court, the prosecutor and the investigating authority to inform the persons subject to enforcement activities about their rights and obligations before any procedural act.
The nullity of a procedural act means that an act carried out late has no legal effects associated with performing it by statutory laws.
You do not need to be in the country during the criminal proceedings and you can leave the country, but you are obliged to present yourself at the investigatingbody when required in order to enable it to perform a procedural act.
The court that performs the procedural act informs the requesting court of the costs, and such costs are deemed to be expenses relating to the matter being heard.
According to Section 15(5) of the Code, unless otherwise provided by law or an international agreement,an Estonian court will provide procedural assistance in the performance of a procedural act at the request of a foreign court if, pursuant to Estonian law, the requested procedural act falls within the jurisdiction of the Estonian court and is not prohibited by law.
A procedural act carried out after the expiry of the time limit is null even if the court has not yet issued the ruling being the consequence of the expiry of the time limit.
(5) Unless otherwise provided by law or an international agreement,an Estonian court provides procedural assistance in performance of a procedural act at the request of a foreign court if, pursuant to Estonian law, the requested procedural act belongs to the jurisdiction of the Estonian court and is not prohibited by law.
A procedural act may also be performed pursuant to the law of a foreign state if this is necessary for the conducting of proceedings in the foreign state and the interests of the participants in the proceeding are not thereby prejudiced.
Restoration of the previous position can be used to reverse the consequences of failure to appear in court orfailure to comply with a time limit for a procedural act where the failure by the party or their representative was due to an unforeseen or unavoidable event and the party or their representative was not to blame or was only slightly to blame(slight negligence).
A procedural act may also be performed or a document may be issued pursuant to the law of a foreign state if this is necessary for the conduct of proceedings in the foreign state and if the interests of the participants in proceedings are not damaged thereby.
Depending on their type, procedural time limits are overriding(manifest) and prohibitive(deferrable),the former being the ones within which a certain procedural act must be carried out(for example, the time limits within which an appeal must be lodged- appeal, second appeal etc.) and the latter being those within which the law prohibits any procedural acts. .
An application, complaint or procedural act by a third party has a legal effect on the proceedings only if this does not conflict with the application, complaint or act of the applicant or defendant on whose side the third party is participating in the proceedings.
Moreover, there are particular cases when the law does not provide specifically for a certain type of time limit(hour, day etc.), butfor a moment in time for the completion of the procedural act(for example, the case of objection to enforcement, which can be filed until the last enforcing act) or it lays down provisions indicating that the act should be carried out“without delay” or“as soon as possible” or“as a matter of urgency”.
A petition, appeal or another procedural act made by a third party without an independent claim has legal effect only if it is not contrary to a petition, appeal or act of the plaintiff or the defendant in whose support the third party is participating in the proceeding.
Is Article 24 of[Regulation No 44/2001] to be interpreted as meaning that“a defendant enters an appearance”, for the purposes of that provision, only where that procedural act was carried out by the defendant himself or by a legal representative authorised by him, or does the foregoing obtain without restriction also in the case of a representative in absentia appointed under the law of the Member State in question?'.
Where the law provides for discontinuation of a procedural act within a time limit, the act done before the time limit has ended may be annulled at the request of the interested party.
The party concerned will carry out the procedural act within not more than 15 days from the date when the discontinuation has ceased and, at the same time, they will request to be given a new time limit.