The Supreme Court of the Russian Federation stated that individuals have the right to choose how to submit documents to the court at their discretion.

The Fifth Appellate Administrative Court has published the position of the Supreme Court's Administrative Court (CAS VS) regarding an individual's right to choose the method of submitting documents to the court at their discretion.

Thus, CAS VS noted that according to part 1 of Article 120 of the Administrative Procedural Code of Ukraine, the procedural term begins the day after the relevant calendar date or the occurrence of the event that triggers its start. If the end of the term falls on a weekend, holiday, or another non-working day, the last day of the term is the first working day following it (part 6 of Article 120 of the Administrative Procedural Code of Ukraine).

In the circumstances of this case, the Main Directorate of the Pension Fund of Ukraine sent a request to eliminate the deficiencies in the appeal (registered in the appellate court on June 27, 2024) via postal services on June 20, 2024, along with a payment instruction.

CAS VS highlighted that part 9 of Article 120 of the Administrative Procedural Code of Ukraine states that the term is not considered missed if, before its expiration, the claim, complaint, other documents or materials, or funds are submitted to the post or transmitted by other appropriate means of communication.

This legal regulation and the aforementioned circumstances indicate that the appellant submitted the payment document to the appellate court within the timeframe provided by the court for fulfilling the requirements of the court's order to leave the appeal motion unprocessed. However, the appellate court prematurely returned the appeal of the Main Directorate of the Pension Fund of Ukraine based on the failure to rectify the deficiencies in the appeal, without considering the time required for the postal correspondence to be delivered.

Therefore, CAS VS concluded that the provisions of part 9 of Article 120 of the Administrative Procedural Code of Ukraine grant individuals the right to choose the method of submitting documents to the court, including via postal services.

You can familiarize yourself with the CAS VS ruling No. 460/347/24 dated December 17, 2024, by following this link.

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