The statute of limitations is three months. General statute of limitations: application mechanisms and basic concepts

Separate norms of Ch. 12 of the Civil Code of the Russian Federation, regulating the procedure for determining the period limitation period, from 09/01/2013 were presented in a different edition. A couple of years later, the Plenum of the Supreme Court of the Russian Federation, in Resolution No. 43 of September 29, 2015 (hereinafter referred to as Resolution No. 43), considered some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period, taking into account changes in this chapter.

General and special limitation periods

The term “limitation period” refers to the period for protecting the right under the claim of a person whose right has been violated (Article 195 of the Civil Code of the Russian Federation).

According to paragraph 1 of Art. 196 Civil Code of the Russian Federation total term limitation period is three years from the date determined in accordance with Art. 200 Tax Code of the Russian Federation.

Paragraph 1 of this article states the following. Unless otherwise established by law, the limitation period begins from the day when the person whose right was violated learned or should have known:

• about violation of your right;
• about who is the proper defendant in a claim for the protection of this right.

Moreover, as specified in paragraph 1 of Resolution No. 43, we are talking about the totality of these circumstances.

The limitation period for claims of a legal entity begins from the day when a person who has the right, independently or jointly with other persons, to act on behalf of the legal entity, learned or should have learned about the violation of the legal entity’s rights and who is the proper defendant. Changing the composition of the bodies of a legal entity does not affect the determination of the beginning of the limitation period. Such explanations are given in paragraph 3 of Resolution No. 43.

It is also stated here that, within the meaning of Art. 61 - 63 of the Civil Code of the Russian Federation, when a claim is brought by the liquidation commission (liquidator) on behalf of a liquidated legal entity to third parties who have a debt to the organization in whose interests the claim is brought, the statute of limitations should be calculated from the moment when the owner of this right became aware of the violated right rights, and not to the liquidation commission (liquidator).

In accordance with paragraph 2 of Art. 196 of the Civil Code of the Russian Federation, the general limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established (except for cases established by Federal Law No. 35-FZ).

Statute of limitations

A - the day of violation of the right, for the protection of which a statute of limitations is established;

On - the day when the person whose right was violated learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right;

C is the last day of the limitation period.

We draw your attention to three points that are indicated in paragraph 8 of Resolution No. 43. Firstly, unless otherwise expressly provided by law, for the purposes of calculating this ten-year period, the day when the person learned or should have learned about the violation of his rights and who is the defendant. Secondly, the specified period cannot be restored. And finally, the said period is applied by the court at the request of a party to the dispute. At the same time, the plaintiff cannot be denied protection of the right if, before the expiration of the ten-year period, there was a legal appeal to the court or the obligor committed actions indicating recognition of the debt.

For individual species requirements by law may be introduced special limitation periods, longer or shorter than the total period (clause 1 of Article 196 of the Civil Code of the Russian Federation). If we talk about longer ones, an example would be a ten-year period for claims for the application of the consequences of invalidity void transaction(Clause 1 of Article 181 of the Civil Code of the Russian Federation).

Shortened statutes of limitations are established in Part II of the Civil Code of the Russian Federation. For example, a one-year statute of limitations is provided for claims brought in connection with inadequate quality of work performed under a work contract (clause 1 of Article 725), for claims arising from the transportation of cargo (clause 3 of Article 797). IN the latter case the period is set from the moment determined in accordance with transport charters and codes

For example, according to Art. 42 of the Charter road transport The limitation period for claims arising from transportation contracts and charter agreements is one year. The specified period is calculated from the date of occurrence of the event that served as the basis for filing a claim or lawsuit, including in relation to late delivery of baggage and cargo - from the day of their issuance; regarding compensation for damage caused:

• loss of luggage, cargo - from the day they are recognized as lost;
• shortage, damage (spoilage) of luggage, cargo - from the day of their issue.

note

The limitation periods and the procedure for calculating them cannot be changed by agreement of the parties (Article 198 of the Civil Code of the Russian Federation).

The limitation period does not apply to claims expressly provided for in Art. 208 Civil Code of the Russian Federation. These include the demands of the owner or another possessor to eliminate any violations of his rights, if these violations were not associated with deprivation of possession (including, as noted in paragraph 7 of Resolution No. 43, requirements for recognition of the right (encumbrance) as absent).

For example, the Supreme Court of the Russian Federation in its Determination dated September 30, 2015 No. 303-ES15-5520, with reference to the said resolution, noted that in in this case The statute of limitations does not apply to the requirement to recognize the right as absent (we were talking about the right of ownership of an unfinished construction project registered in the Unified State Register).

The procedure for applying the limitation period

The procedure for applying the limitation period is set out in Art. 199 of the Civil Code of the Russian Federation.

According to paragraph 1 of this norm, the claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the statute of limitations.

In accordance with paragraph 2, the limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision. As noted in paragraph 10 of Resolution No. 43, this party bears the burden of proving circumstances indicating the expiration of the statute of limitations.

In paragraph 2 of Art. 199 of the Civil Code of the Russian Federation there are no requirements for the form of an application for skipping the limitation period: it can be made both in writing and orally, when preparing the case for trial or directly when considering the case on the merits in the court of first instance, as well as in a court appellate court, if he proceeded to consider the case according to the rules of proceedings in the court of first instance. If the statement was made orally, this is indicated in the minutes of the court hearing (clause 10 of Resolution No. 43).

The expiration of the limitation period is an independent basis for refusal of a claim (paragraph 2, paragraph 2, article 199 of the Civil Code of the Russian Federation). If it is established that a party to the case has missed the limitation period, then if there is a statement from the appropriate person about the expiration of the limitation period, the court has the right to refuse to satisfy the claim only for these reasons, without examining other circumstances of the case. This is stated in paragraph 15 of Resolution No. 43. (This norm, for example, was referred to by the arbitrators of the Eighteenth Arbitration Court court of appeal in Resolution No. 18AP-11240/2015 dated October 6, 2015 in case No. A07-9872/2015, denying the organization’s claim due to the statute of limitations.)

Now a few words about the possibility of restoring the statute of limitations.

Article 205 of the Civil Code of the Russian Federation provides: in exceptional cases, when the court recognizes a valid reason for missing the statute of limitations due to circumstances related to the personality of the plaintiff (serious illness, helpless state, illiteracy, etc.), the violated right citizen subject to protection.

Within the meaning of this norm and paragraph 3 of Art. 23 of the Civil Code of the Russian Federation, the limitation period missed by a legal entity, as well as a citizen - individual entrepreneur on requirements related to the implementation of it entrepreneurial activity, cannot be restored regardless of the reasons for its omission(Clause 12 of Resolution No. 43).

Beginning of the limitation period

According to paragraph 2 of Art. 200 of the Civil Code of the Russian Federation on obligations With for a certain period execution The limitation period begins to run at the end of the execution period.

According to obligations, the deadline for which is not determined or determined by the moment of demand, the limitation period begins to run from the day the creditor presents a demand for the fulfillment of an obligation, and if the debtor is given a period for fulfilling such a demand, the calculation of the limitation period begins at the end of the period provided for the fulfillment of such a requirement.

In this case, the limitation period in any case cannot exceed ten years from the date the obligation arose.

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

The term, calculated in years, expires in the corresponding month and day last year term (clause 1 of article 192 of the Civil Code of the Russian Federation). If the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it (Article 193 of the Civil Code of the Russian Federation).

Sever LLC shipped the goods to Yug LLC in November 2012. Payment is due December 4, 2012. Yug LLC did not make the payment within the specified period.

The limitation period began to run on December 5, 2012. The expiration of the three-year period will occur on December 5, 2015. However, this day falls on a Saturday, so the deadline will be the next working day - Monday, December 7, 2015.

Within the meaning of paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, the limitation period for a claim arising from a violation by one party of the contract of the condition of payment for goods (work, services) in parts begins in relation to each individual part. The statute of limitations for claims for overdue time payments (interest for the use of borrowed funds, rent, etc.) is calculated separately for each payment (clause 24 of Resolution No. 43).

Zapad LLC shipped goods to Vostok LLC in November 2012 in the amount of 100,000 rubles. Payment must be made in two installments of RUB 50,000. December 1 and 21, 2012. Vostok LLC did not make the payment within the specified time frame.

In this case, the limitation period began for the first part of the debt from December 2, 2012, for the second - from December 22.

Limitation period for time payments and interest

Paragraph 25 of Resolution No. 43 explains that the limitation period for a claim for the collection of a penalty (Article 330 of the Civil Code of the Russian Federation) or interest payable according to the rules of Art. 395 of the Civil Code of the Russian Federation, is calculated separately for each overdue payment, determined in relation to each day of delay.

Let’s assume that, in addition to claims for the principal debt, the creditor has additional demands for payment of a penalty, interest for the use of someone else’s money, and compensation for losses. If obligated person recognized the principal debt, including in the form of its payment, this in itself cannot serve as evidence of recognition of additional claims of the creditor and, accordingly, cannot be regarded as a basis for interrupting the limitation period under additional requirements and a claim for damages.

The presentation of the main claim to the court does not affect the limitation period for additional claims (Article 207 of the Civil Code of the Russian Federation). For example, if a claim is brought to collect only the amount of the principal debt, the statute of limitations on the claim to collect a penalty continues to run.

According to paragraph 1 of Art. 207 of the Civil Code of the Russian Federation with the expiration of the limitation period for the main claim, the limitation period for additional claims (interest, penalty, pledge, guarantee, etc.), including those arising after the start of the limitation period for the main claim, is considered to have expired.

At the same time, as stated in paragraph 26 of Resolution No. 43, if the parties to a loan (credit) agreement have established that interest on it is paid later than the deadline for repayment of the principal amount of the loan (credit), the statute of limitations on the claim for payment of the amount of such interest accrued before the deadline for repayment of the loan (credit) is calculated separately for this obligation and does not depend on the expiration of the statute of limitations on the claim for repayment of the principal amount of the loan (credit).

Suspension of the limitation period

Article 202 of the Civil Code of the Russian Federation provides for the possibility of suspending the limitation period. Paragraph 1 of this article lists cases when such a possibility arises:

• if the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure) (clause 1);
• if the plaintiff or defendant is part of the Armed Forces of the Russian Federation, transferred to martial law (clause 2);
• due to the deferment of fulfillment of obligations established on the basis of law by the Government of the Russian Federation (moratorium) (clause 3);
• due to suspension of the law or other legal act regulating the corresponding attitude (clause 4).

In all of the above cases, the running of the limitation period is suspended provided that the specified circumstances arose or continued to exist in the last six months of the limitation period, and if this period is six months or less - during the limitation period (clause 2 of Article 202) . From the date of termination of the circumstance that served as the basis for suspension of the limitation period, its period continues to run. The remaining part of the period is extended to six months, and if the limitation period is six months or less - to the limitation period (clause 4 of article 202).

According to paragraph 3 of Art. 202, the limitation period is suspended if the parties have resorted to a non-judicial dispute resolution procedure, the recourse to which is provided for by law, including the mandatory claim procedure (for example, paragraph 2 of Article 407 of the Merchant Shipping Code of the Russian Federation, Article 55 Federal Law dated 07.07.2003 No. 126-FZ “On Communications”, clause 1 of Art. 16.1 of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance civil liability of owners Vehicle", clause 1 of Art. 12 of the Federal Law of June 30, 2003 No. 87-FZ “On transport and forwarding activities”). In these cases, the limitation period is suspended for the period statutory to carry out this procedure, and in the absence of such a period - for six months from the date of commencement of the relevant procedure (clause 16 of Resolution No. 43).

Interruption of the limitation period

The running of the limitation period is interrupted by the obligor performing actions indicating recognition of the debt.

After the break, the limitation period begins anew; time elapsed before the break does not count towards new term(Article 203 of the Civil Code of the Russian Federation).

At the same time, the Civil Code of the Russian Federation does not specify which specific actions of the obligated person interrupt the course of the period. Their sample list is given in paragraph 20 of Resolution No. 43. Such actions, in particular, may include:

note

A response to a claim that does not contain an indication of the acknowledgment of a debt does not in itself indicate an acknowledgment of a debt.

Recognition of a part of the debt, including by paying part of it, does not indicate recognition of the debt as a whole, unless otherwise agreed by the debtor.

In cases where the obligation provided for execution in parts or in the form of periodic payments and the debtor took actions indicating recognition of only part of the debt (periodic payment), such actions cannot be the basis for interrupting the limitation period for other parts (payments).

Let us note: as follows from paragraph 21 of Resolution No. 43, a break in the limitation period in connection with the commission of actions indicating recognition of a debt can only take place within the limitation period, and not after its expiration.

Thus, the Eighteenth Arbitration Court of Appeal in Resolution No. 18AP-10626/2015 dated October 1, 2015 in case No. A47-6633/2014 noted that the reconciliation act presented in the case materials was drawn up outside the limitation period, which means it cannot be a basis for interruption limitation period. A similar opinion was expressed by the judges of the AS UO in the Resolution of October 6, 2015 No. F09-6736/15 in case No. A60-56117/2014.

As follows from Art. 203 of the Civil Code of the Russian Federation, the limitation period cannot be interrupted by the debtor’s inaction. The fact that the debtor did not challenge the payment document on direct debit Money, the possibility of challenging which is allowed by law or contract, does not indicate recognition of the debt (clause 23 of Resolution No. 43).

For example, in the above-mentioned Resolution No. 18AP-10626/2015, the judges noted that the debtor’s failure to raise objections to the claim addressed to him does not indicate his recognition of the debt.

Please pay attention to this point. The performance of actions by the debtor's representative indicating recognition of the debt interrupts the limitation period, provided that this person had the appropriate authority (clause 22 of Resolution No. 43). The fact is that in practice, situations are possible when an organization, calculating the limitation period, decides that the period was interrupted due to the signing of the reconciliation report by the debtor. And then in the process judicial trial it turns out that the act was signed by a person not authorized to do so. In this case, the courts may not recognize the act of reconciliation of calculations as a document indicating the recognition of the debt and the interruption of the limitation period. This happened, for example, in the situation considered by the Sixteenth Arbitration Court of Appeal in the Resolution dated September 30, 2015 in case No. A15-4293/2014.

In support claims The plaintiff presented in the case materials acts of reconciliation of mutual settlements, signed by the chief accountants of both parties to the agreement.

In accordance with Art. 7 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting” Chief Accountant organizes the maintenance accounting and storage of accounting documents, however, according to Art. 53 of the Civil Code of the Russian Federation, it is not a body of a legal entity that has the right to act on behalf of an enterprise without a power of attorney. The reconciliation report can be signed as authorized persons, or sole executive body company, or a representative acting on the basis of a power of attorney issued by such a body, which contains powers for one or another specific action.

The judges noted that there was no evidence in the case confirming the accountant’s authority to act at the time of signing the statement of reconciliation of accounts on behalf of the defendant, in particular, to recognize the debt.

Recognition or non-recognition of a debt is the right exclusively of the parties to the legal relationship.

Meanwhile, the plaintiff did not provide adequate evidence in the case materials to confirm that the chief accountant of the company, when signing acts of reconciliation of mutual settlements, acted in accordance with his official duties, a power of attorney, or his powers were clear from the environment in which he acted, as well as evidence of subsequent approval of his actions by the head of the company.

Consequently, the presented acts of reconciliation of mutual settlements are not evidence of the existence of a carry-over debt, since they were signed on the part of the defendant only by the chief accountant and do not contain references to primary documents.

Thus, the acts of mutual settlements submitted by the plaintiff to the case materials do not interrupt the limitation period, since they were signed by the chief accountant of the defendant, who does not have the appropriate authority to perform these actions.

In conclusion, I would like to note that, according to paragraph 27 of Resolution No. 43, the provisions of the Civil Code of the Russian Federation on the limitation periods and the rules for their calculation as amended by Federal Law No. 100-FZ, including those enshrined in Art. 181 (limitation periods for invalid transactions), 181.4 (contestability of the meeting’s decision), paragraph 2 of Art. 196 and paragraph 2 of Art. 200 of the Civil Code of the Russian Federation (provisions on a ten-year period) apply to claims that arose after the entry into force of this law, as well as to claims, the deadlines for submission of which were provided for by previously applicable legislation and did not expire before September 1, 2013.

Thanks to the Federal Law of 05/07/2013 No. 100-FZ “On Amendments to Subsections 4 and 5 of Section I of Part One and Article 1153 of Part Three Civil Code Russian Federation"(hereinafter referred to as Federal Law No. 100-FZ).

Federal Law of March 6, 2006 No. 35-FZ “On Countering Terrorism.”

For buildings and structures, the general period is three years.

Federal Law of November 8, 2007 No. 259-FZ “Charter of Automobile Transport and Urban Ground Electric Transport.”

After the parties sign such an act, the limitation period begins to run again, and the time elapsed before the specified break is not counted in the new period (see Letter of the Federal Tax Service of Russia dated December 6, 2010 No. ШС-37-3/16955).

At the same time, after the expiration of the limitation period, the limitation period begins anew if the debtor or other obligated person acknowledges his debt in writing(Clause 2 of Article 206 of the Civil Code of the Russian Federation).

09.03.2016

In 2013, the legislator seriously changed the chapter of the Civil Code of the Russian Federation on the limitation period. He will tell you what these novelties are and how they will affect the development of judicial practice. new article our lawyers.

Definition of the concept

Civil law, like a skyscraper, rests on a foundation of rules and principles. One of them - statute of limitations .

Legal scholars give various and rather complex definitions of this term in textbooks. But we will not go deep into the jungle and will formulate it simply:

Statute of limitations - a period of time established by Russian legislation, during which a person or legal entity (firm, company) has the right to go to court to exercise or protect rights.

And since the main method of protection in the civilized world is considered statement of claim , then the time period is called statute of limitations.

Why do we need a statute of limitations?

History knows the facts about the statute of limitations. So, in the Byzantine Empire the limitation period was 30 years, and in the time of Ivan the Terrible - 40 years. But this did not lead to anything good. People, as well as their descendants, submitted applications 20-30 after the event. The courts were literally inundated with lawsuits. In many cases, by the time the case was considered, the documents had already been lost and the witnesses had died. As a result, in courts

Red tape flourished, and they could not reach a decision for years.

Therefore, modern legislation has established short statute of limitations periods.

Consequently, the statute of limitations stimulates citizens to quickly protect their rights, disciplines them, and frees judges from additional workload.

Starting point of the limitation period

The limitation period is counted from the date when the person learned about the violation and found out who the defendant would be. This is a very important addition. The legislator introduced it into the Civil Code only in 2013. Previously, the countdown began simply from the date when the plaintiff learned about the violation. However, he often had no idea who to sue. For example, property was stolen from a person or company, and after 5-6 years it was found in the possession of another person. At this point, the statute of limitations had expired. However, the courts restored it and thereby... formally violated the law. Therefore, the state, relying on practice and life situations, supplemented the article on the beginning of the term with an indication of the defendant. By the way, Plenum Supreme Court

at the end of 2015, explained in sufficient detail all the rules of limitation. Especially stopped supreme court countries in cases involving persons with limited legal capacity. Their rights are protected by representatives. The period begins on the date when(guardianship and trusteeship authorities) revealed a violation of the rights of the ward. But a different situation is possible: the representative himself violated the rights of a person with limited legal capacity. In this case, the period will begin from the moment when another, but already bona fide representative, or the citizen himself, who has restored his legal capacity, learned about the violation.

The Plenum also touched upon the issue of the beginning of the limitation period for legal entities. The RF Supreme Court explained that the period is counted from the date when one of its leaders learned about the violation of rights. Moreover, the change of management personnel (appointment of a liquidation commission) does not affect the course of the period.

The Civil Code of the Russian Federation pays special attention to the beginning of the limitation period for transactions with definite and indefinite terms of fulfillment of obligations . It sounds complicated, but it's actually simple. Imagine an agreement in which one of the parties must do something before a certain date: give money, build a house, deliver goods, etc. For example, Spetsotsenka LLC conducted certification of workplaces at the Aggregat plant. According to the terms of the agreement, the plant had to transfer the money by December 30, 2012. However, “Agregat” did not transfer the funds to the performer’s account. It turns out that on December 30, 2012, the IIT began to count in this case. The contract clearly stated performance dates. Therefore this obligation with a certain period of fulfillment.

There are also transactions in which, for various reasons, it is very difficult or even impossible to determine this period. In this case, the limitation period begins to count from the moment when the creditor demanded to fulfill the obligation. A classic example is the case of Rusakov & Vatan LLC, which was considered most recently in the Magadan court.

Several years ago, Rusakov issued a loan to the Society as temporary financial assistance. The money was credited to the Vatan account. However, the loan agreement was never signed by the borrower. Moreover, the leaders of Vatan denied its existence. Rusakov negotiated with the Society for almost three years, hoping that it would return the funds to him. And finally, in despair, he sent a written claim demanding the return of the money. However, the company's managers refused him. Then the creditor went to court, which sided with him.

In making their decision, the judges indicated that the transfer of funds was confirmed by account entries and documents of the day. As for the statute of limitations, it began to run not from the moment the money was credited to the company’s account, as the leaders of Vatan claimed, but from the date by which Rusakov demanded that the loan be returned to him in a written notice. Thus, the court applied the provisions of Part 2. Article 200 of the Civil Code of the Russian Federation.

And finally, it’s worth mentioning one more novella. She migrated to Russia from foreign legislation. We're talking about 10 years pretrial period statute of limitations. It is calculated not from the date when the victim learned about the violation of rights, but from the moment of such violation. This is again done with the aim of cutting off old and long-standing cases that can overload the courts. For example, a person received information about a violation of rights that occurred 11 years ago. It seems that the statute of limitations is starting to run, but the person cannot go to court. Ten years passed, and the law finally eliminated the possibility of litigation. Is it correct? Maybe yes. IN otherwise The courts will receive statements dating back to the 90s. Few people understand, by the way, but this short story actually excludes a revision of the results of privatization of the 90s. So elegantly, in one sentence, the legislator solved the problem of the initial accumulation of capital in Russia. So now all promises to review the results of privatization are only election slogans. No more.

Suspension of the limitation period

The legislator has provided various options for suspending the statute of limitations. In particular, it stops when the plaintiff was unable to file a claim due to force majeure. Similar incidents occurred during floods in Krasnodar region in 2012 and on Far East in 2013. People were physically unable to file claims, and the district courts themselves, in the literal sense of the word, “went under water.”

Further, if the parties (no matter the plaintiff or the defendant) serve in units Russian Army who are under martial law, the term is suspended. We emphasize – parts our armies located exactly under martial law. A classic example is the base Khmeimim in Syria. If any of the military personnel participating in this operation is a party to civil case, then the period is suspended until he returns to his homeland.

Moreover, if Federal Assembly and the President repeals or suspends the law regulating the legal relationship from which the litigation arises, this will also automatically suspend the statute of limitations.

And finally, the course of the period will be suspended if the Russian Government, on the basis of the law, freezes the fulfillment of obligations and declares a moratorium.

The countdown also stops if the parties decide to resolve the case before judicial procedure and turned to intermediaries, mediators, or administrative authorities.

However, we should not forget that the legislator linked the suspension of the term with one important condition, namely: all of the above circumstances must arise or exist in last 6 months of the limitation period, and if it is 6 months or less than 6 months - during the entire period.

Restoration of the limitation period

Moreover, if at the time of suspension the period was already less than 6 months, then it will be extended to 6 months. And if the period was 6 months or less, then it is restored to the statute of limitations.

Interruption of the limitation period

If the debtor commits actions from which it follows that he acknowledged the debt, then the limitation period is immediately interrupted. Let's say someone borrowed money and doesn't pay it back. The repayment period has passed, the creditor sent him a demand, but the debtor did not respond. Time passes, and the lender decided to contact judiciary. But then money comes into his account from the borrower. All. The statute of limitations has expired. At the same time, it begins to flow all over again, and the previous period is not included in it.

This is how bankers in the 2000s restored the statute of limitations. Let’s say a borrower took out a loan and didn’t pay in full. There were many such cases. And bank employees did not have time to submit applications and missed all the deadlines. Therefore, this practice has developed in many banks. Semiannually credit organisation I uploaded overdue loans in Excel and selected contracts up to 10,000 rubles that were overdue for more than three years. Then, the bank manager took a certain amount of money from the “black cash desk” and... deposited from 100 to 500 rubles into the debtors’ accounts. After this, the lawyers drew up claims and applications for the issuance of a court order, to which they attached a credit dossier and an account statement, from which it was clear that the debtor had recently transferred 100 rubles. Considering the workload of the courts and the legal illiteracy of the population, such cases were completed, as a rule, in favor of the bank.

Therefore, dear reader, if you took out a loan several years ago and did not close it, then do not think that the statute of limitations has passed and they have forgotten about you. It is likely that someone has already deposited 10 rubles into your personal account and is preparing an application to the court. Therefore, in court hearing demand not only an account statement, but copies of receipt orders from the documents of the credit institution.

Appeal to court and limitation period

When a citizen or legal entity sends an application to the court, the IDA stops during the trial.

If the judge left the application without progress, then the statute of limitations that ran before the claim was filed will continue to run.

It also happens: the victim files a claim in a criminal case, and the judge leaves it without consideration. In this case, the limitation period is suspended until the court verdict in the criminal case comes into force.

True, in order to respect the rights of the plaintiff, the legislator introduced a clause stating that if, after leaving the application without consideration, the unexpired part of the SID is less than 6 months, then it will automatically increase to the same 6 months.

Restoring the deadline

The judge has the right to reinstate the period of imprisonment. The law classifies as such a serious illness (of course, not the flu or ARVI), the helpless state of the plaintiff, his illiteracy, etc. Interestingly, very often plaintiffs who missed the deadline and their representatives talk about their legal illiteracy and are refused by the court.

Yes, Dzerzhinsky district court Volgograd rejected the citizen’s claim against Trust Bank and did not restore the deadline, indicating that legal illiteracy cannot serve as a basis for its restoration.

But the whole point is that this article of the Code deals only with real illiteracy. It also stems from education and mental disabilities citizen. That is, when a person does not know how to read, write, and also has only a basic understanding of the world around him.

But let us especially emphasize that the reason for restoration is considered valid when it appears in the last 6 months of the term.

Brief conclusions

In formulating the novellas, the legislator used both domestic judicial practice, as well as the provisions of foreign regulations. Thus, the connection between the beginning of the term and the presence of a defendant can be traced in many court decisions of the 90s and 2000s. And the Federal Assembly simply enshrined the current situation in an article of the Civil Code of the Russian Federation.

As for the pretrial period, one of the reasons for its appearance is an attempt to avoid a massive revision of the legal relations regarding property that developed in the 90s.

The remaining changes are just clarification. The legislator simply reflected the realities of Russia at the end of the first decade of the 21st century. This concerns the provisions on mediators, intermediaries and the clarification that the SID is suspended when a citizen serves in the Russian Armed Forces under martial law. Previously, the article did not mention which country’s army the person was serving in. It turned out that both the American, the Englishman and the Israeli fell under this condition. But a Russian citizen could not sue him. Now the article has clarified the affiliation. And it is right. Our law should protect Russians first and foremost, not foreigners.

Abbreviated as LED. The abbreviation is used in scientific and journalistic works.

Whose rights have been violated may file demands (claims) for their protection to the appropriate authority - the court, arbitration court or arbitration court (Article 11, Part 1 of the Civil Code of the Russian Federation). However, the possibility of protecting a violated right is limited to a certain period, which is called limitation period. Thus, the limitation period constitutes period of time established by law to protect violated rights.

After the expiration of the limitation period, the interested person loses the opportunity to demand in court or arbitration court the compulsory protection of the violated right, i.e., he is deprived of the right to claim in a material sense. At the same time, a person retains the right to bring a claim at any time, even if the statute of limitations has passed (the right to sue in the procedural sense). In this regard, the court or arbitration court is obliged to accept for consideration the claim for the protection of a violated right, regardless of the expiration of the limitation period (Article 199, Part 1 of the Civil Code of the Russian Federation). However, it should be borne in mind that the limitation period is applied by a court, arbitration court or arbitration court only at the request of a party to the dispute. The question of whether the plaintiff’s right is subject to protection is decided as a result of consideration of the case on its merits. This makes it possible to establish the circumstances and reasons for missing the limitation period and, if there is legal grounds protect the violated right.

Establishing a limitation period pursues the goal is to discipline civil participants. The presence of certain time limits for the implementation of a violated right stimulates the timely filing of claims and resolution of emerging disputes.

In relations between organizations, the limitation period helps strengthen payment discipline, liquidation, since failure to collect it within the limits established deadlines leads to losses. The need to timely submit demands to eliminate violations of law, o proper execution obligations strengthens contractual discipline and enhances the effectiveness of applied property sanctions.

Some requirements specified in the law (Article 208, Part 1 of the Civil Code of the Russian Federation) are not subject to the statute of limitations. Claims arising from violation of personal rights are not covered by the statute of limitations. moral rights(for example, rights to trademark, company, honor and dignity). The special nature of these rights precludes the limitation of their protection to any period. However, sometimes the law provides for limits to the protection of personal non-property rights.

The limitation period is also not applicable to depositors’ demands for the release of deposits made in savings banks, institutions of the State Bank of Russia and commercial banks, which corresponds to the interests of both investors and the state.

Provided by Art. 208 part 1, the list of claims to which the statute of limitations does not apply is not exhaustive. The legislation may establish other cases of non-application of the limitation period. Thus, in the event of the death of a breadwinner, the appeal of victims, as well as dependents, to the administration of the enterprise for payment of amounts in compensation for damage is not limited to any period.

Limitation periods must be distinguished from other periods provided for civil law, in particular, claims. The term of claim is the period established by law for the settlement of a dispute directly by the participants civil rights relations, before applying for protection of the violated right to a court or arbitration court. This period is included in the limitation period.

Limitation periods must also be distinguished from acquisitive limitation, which is the period after which the non-owner acquires ownership of certain property. For example, according to Art. 234 Part 1 of the Civil Code of the Russian Federation citizen or entity who are not the owners of the property, but who in good faith, openly and continuously own real estate as their own for at least 15 years or other property for at least 5 years, acquire the right of ownership of this property.

Types of limitation periods. Beginning of the limitation period

Limitation periods are divided into general and shortened

Duration general The deadline is set at three years.

General deadlines apply to all claims, except those for which the law provides for shorter deadlines. The latter are specially established for certain types of requirements.

Shortened terms The statute of limitations is also established for disputes arising from the transportation of goods. However, their duration depends on who makes the demand: if the clientele is to carriers, then the period is 2 months, and if the carrier is to the client, then 6 months.

Reduced statutes of limitations are designed to encourage faster resolution individual categories disputes arising mainly between organizations during the execution of business contracts.

In order to prevent missing the statute of limitations, you need not only to know the duration, but also to be able to correctly determine the beginning of its course. By current rules(Article 200, Part 1 of the Civil Code of the Russian Federation) the limitation period begins simultaneously with the emergence of the right to claim. In this regard, it is practically important to establish when the right to claim arises. With regard to individual requirements, this issue is directly resolved in legislation. Thus, in disputes arising from the delivery of goods of inadequate quality, the right to claim arises, and therefore, the limitation period begins to run from the day the buyer duly establishes the defects of the goods supplied to him.

In the absence of such direct provisions in the legislation, the initial moment of the statute of limitations is determined in accordance with Art. 200 part 1 of the Civil Code of the Russian Federation. By general rule the right to claim arises from the day when the person learned or should have learned about the violation of his right. It is assumed that a person knows about the violation of his right at the very moment when the violation occurred. If this became known a little later, then the statute of limitations begins from the moment when the person learned or should have learned about the violation of his right.

Suspension, break and restoration of limitation periods

As a general rule, the limitation period runs continuously and the person whose right is violated may apply for protection during the entire limitation period. However, the law takes into account that sometimes the plaintiff, due to circumstances beyond his control, is deprived of the opportunity to file a claim on time. For such cases, it is possible to suspend the statute of limitations.

Suspension of the limitation period means that from the moment the circumstances precisely defined by law arise, the running of the limitation period is stopped for the entire duration of their existence. After the termination of these circumstances, the limitation period continues to run. Thus, when suspending the statute of limitations, the period of time during which certain circumstances provided for by law occur does not count.

In accordance with Art. 202 part 1 of the Civil Code of the Russian Federation, circumstances preventing the application for protection of a violated right may be:

• an extraordinary, unpreventable event under given conditions, defined as force majeure. Such events include earthquake, flood, epidemic, etc.;
• a deferment of fulfillment of obligations established by the government of the Russian Federation, called a moratorium. Suspension of the limitation period due to a moratorium occurs extremely rarely and has no general significance;
• the presence of any of the parties to the dispute in the Russian Armed Forces, transferred to martial law.

The listed circumstances suspend the limitation period only if they arose or continued to operate in the last six months of the limitation period. And only in cases where the duration of the limitation period is less than six months, it is suspended by the occurrence of one of the events provided for by law at any time during its course.

Taking into account the fact that the effect of emergency circumstances, even after their termination, makes it difficult to immediately file a claim, the remaining part of the period after suspension in order to provide sufficient time to apply for protection of the violated right is extended to six months. If the limitation period was less than six months, the remainder of the period is extended to the total duration of the shortened limitation period (for example, by two months with a two-month limitation period).

The limitation period may be suspended by the occurrence of certain other circumstances specifically provided for individual claims. In particular, the limitation period for claims for compensation for harm associated with damage to health or death is suspended, except for the circumstances considered, by applying to the relevant authority for the assignment of a pension or benefit to resolve this issue.

The essence of the break in the limitation period is that in certain cases established by law, the time that has elapsed before the break is not taken into account, and the limitation period begins to run again from the very beginning, i.e. the limitation period is restored in in full. Unlike suspension, the time elapsed before the break is not taken into account when calculating the new limitation period (Article 203, Part 1 of the Civil Code of the Russian Federation).

The general basis for interrupting the limitation period for legal relations involving all subjects of civil law is the filing of a claim in in the prescribed manner. This means that if a claim is brought without compliance necessary order, the limitation period continues and there is no break.

The basis for interrupting the statute of limitations is also the performance by the obligated person of actions indicating recognition of the debt and, in general, any other obligation. Such actions include a direct statement about this, partial repayment of the debt, a request for a deferred payment, etc. However, in disputes between organizations, recognition of the debt does not interrupt the statute of limitations, since the renewal of the statute of limitations would not contribute to strengthening payment and contractual discipline.

One should distinguish from suspension and interruption of the limitation period its restoration, which is used by a court, arbitration or arbitration tribunal to protect a violated right if there are good reasons for missing the limitation period, which, however, are not grounds for its suspension or interruption.

The law does not provide a list of reasons for missing the statute of limitations that must be recognized as valid. It is assumed that these are circumstances that make it difficult or impossible to timely seek protection of a violated right. In particular, good reason missing the statute of limitations may be due to the illness of the plaintiff, if it actually prevented the timely filing of the claim.

The issue of restoring the statute of limitations is resolved at a meeting of the court or arbitration court with the summoning of the parties simultaneously with the resolution of the case on the merits. If the reason for missing the limitation period is recognized as valid (Article 205 Part 1 of the Civil Code of the Russian Federation), the relevant body does not extend this period, but restores it, i.e., considers the case as if the limitation period had not expired.

On September 1, 2013, the Federal Law of May 7, 2013 No. 100-FZ “On Amendments to Subsections 4 and 5 of Section I of Part One and Article 1153 of Part Three of the Civil Code of the Russian Federation” comes into force. They make changes to Ch. 11 “Calculation of terms” and 12 “Limitation period” of the Civil Code of the Russian Federation. We will tell you in this article what you should know about calculating the limitation period.

A period established by law, other legal acts, a transaction, or appointed by a court is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours. The deadline can also be determined by indicating an event that must inevitably occur ( Art. 190 Civil Code of the Russian Federation). The limitation period is the period for protecting the right under the claim of a person whose right has been violated ( Art. 195 Civil Code of the Russian Federation).

As defined Art. 191 Civil Code of the Russian Federation, the next day after the calendar date established certain period time, or the occurrence of an event that determines the beginning of the calculation of the limitation period, the limitation period begins to be calculated. For example, the contract may stipulate that the delivery of materials must be carried out no later than March 15, 2013. If the materials are not delivered on March 15, then the limitation period begins on March 16. Or the contract may stipulate that final payment under the contract must be made within three business days after the day the equipment is delivered. If the delivery was made on March 15, and payment was not transferred to the supplier’s account until March 20, then the limitation period is calculated starting from March 21.

General limitation period

As installed Art. 196 Civil Code of the Russian Federation, the general limitation period is three years from the date determined in accordance with Art. 200 Civil Code of the Russian Federation. In this case, the limitation period cannot exceed 10 years from the date of violation of the right for the protection of which this period was established. Before such a time limit Art. 196 Civil Code of the Russian Federation didn't install.

The beginning of the limitation period has been established Art. 200 Civil Code of the Russian Federation. This article states that unless otherwise provided by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

For obligations with a specific performance period, the limitation period begins to run upon the expiration of the performance period.

For obligations for which the deadline for fulfillment is not defined or is determined by the moment of demand, the limitation period begins to be calculated from the day the creditor presents a demand for the fulfillment of the obligation, and if the debtor is given a period for fulfilling such a requirement, the calculation of the limitation period begins at the end of the period provided for the fulfillment of such requirements. In this case, the limitation period cannot exceed 10 years from the date the obligation arose.

For recourse obligations, the limitation period begins from the day the main obligation is fulfilled.

The provisions of this article, compared to the version currently applied until September 1, 2013, remained unchanged with the exception of the fact that it is established that the statute of limitations cannot exceed 10 years from the date the obligation arose.

If the statute of limitations has passed, then filing claims against the other party to the transaction is impossible. An example is Resolution of the Federal Antimonopoly Service of the Eastern Military District dated 06/08/2012 No. A11-4655/2011. It considered the following situation: The landlord and the tenant entered into a lease agreement real estate, according to which the tenant accepted for use a part non-residential premises. Additional agreement the parties changed the terms of the agreement in terms of the area of ​​premises leased and the amount rental payments. It also reflected the debt, which the tenant agreed to repay within a specified period and according to the given schedule. After some time, the parties terminated the lease agreement ahead of schedule.

By decision of the Arbitration Court, the rent arrears were collected from the tenant, as well as interest for the use of other people's funds. The tenant, disagreeing with this decision, went to court. He considered that the real estate contract was invalid because it was concluded under the influence of a mistake (the terms of the contract for making a guarantee payment were fraudulently imposed on him), and the area of ​​the rented premises was calculated incorrectly. These circumstances served as the basis for filing this claim with the arbitration court.

Judicial protection of violated civil rights is guaranteed within the limitation period ( Art. 195 Civil Code of the Russian Federation).

By virtue of the provisions Art. 178, clause 2 art. 181, clause 2 art. 199, clause 1 art. 200 Civil Code of the Russian Federation during the one-year limitation period for a request for recognition voidable transaction invalidity begins from the day when the plaintiff learned or should have learned about the circumstances that constitute the basis for declaring the transaction invalid.

From the case materials it follows that, as a basis for recognizing the disputed transaction as invalid, the tenant indicated the fraudulent inclusion of a guarantee payment clause in the lease agreement. This fact became known to the tenant after receiving his copy of the lease agreement signed by the landlord’s representative, therefore, it was from that moment that he could and should have learned about the circumstances referred to.

The tenant’s reference to the need to calculate the limitation period from the moment of termination of the lease agreement is unfounded and, moreover, does not matter, since at the time of filing statement of claim The statute of limitations on the stated claims has in any case expired.

Expiration of the limitation period in accordance with clause 2 art. 199 Civil Code of the Russian Federation, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim.

Special limitation periods

For certain types of requirements, such as evading notarization or state registration transactions, recognition of a transaction as invalid, limitation period for claims for poor quality work, special limitation periods are established, shorter or longer than the general period. In particular, regarding notarization of a transaction or its state registration Art. 185 Civil Code of the Russian Federation The following has been established. A party that unreasonably evades notarization or state registration of a transaction must compensate the other party for losses caused by the delay in completing or registering the transaction. The limitation period for this claim is one year, while the general limitation period according to the norms Art. 196 Civil Code of the Russian Federation equal to three years.

Special limitation periods are subject to the rules established the following articles Civil Code of the Russian Federation:

- Art. 195“The concept of limitation of actions”;

- clause 2 art. 196(establishes a provision that the total limitation period should not exceed 10 years);

- Art. 198“Invalidity of the agreement to change the statute of limitations”;

- Art. 199“Application of the limitation period”;

- Art. 200“The beginning of the limitation period”;

- Art. 201“Limitation period for a change of persons in an obligation”;

- Art. 202“Suspension of the limitation period”;

- Art. 203“Break of the limitation period”;

- Art. 204“The running of the limitation period when protecting a violated right in court”;

- Art. 205“Reinstatement of the statute of limitations”;

- Art. 206“Fulfillment of obligations after the expiration of the limitation period”;

- Art. 207“Application of the limitation period to additional claims.”

Suspension of the limitation period

Article 202 of the Civil Code of the Russian Federation cases of suspension of the limitation period have been established. They are as follows:

1) if the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure);

2) if the plaintiff or defendant is part of the RF Armed Forces, transferred to martial law;

3) due to the deferment of fulfillment of obligations established on the basis of law by the Government of the Russian Federation (moratorium);

4) due to the suspension of the law or other legal act regulating the relevant relationship.

The running of the limitation period is suspended provided that the specified circumstances arose or continued to exist in the last six months of the limitation period, and if this period is six months or less than six months, during the limitation period.

If the parties resorted to provided by law procedure for resolving a dispute out of court (mediation procedure, mediation, administrative procedure etc.), the limitation period is suspended for the period established by law for carrying out such a procedure, and in the absence of such a period - for six months from the date of commencement of the relevant procedure.

Now this article contains provisions that the conclusion by the parties of a relationship of an agreement to conduct a mediation procedure in accordance with the Federal Law of July 27, 2010 No. 193-FZ “On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)” is the basis for suspending the period of claim prescription In this case, the limitation period is suspended from the moment the parties enter into an agreement to conduct a mediation procedure until the termination of the mediation procedure.

From the date of termination of the circumstance that served as the basis for suspension of the limitation period, its period continues to run. The remaining part of the limitation period, if it is less than six months, is extended to six months, and if the limitation period is six months or less than six months, to the limitation period.

As a result of changes to Art. 203 Civil Code of the Russian Federation the limitation period for filing a claim in the prescribed manner will not be interrupted from September 1, 2013. According to the provisions of this article, the running of the limitation period will be interrupted by the obligated person performing actions indicating recognition of the debt.

Limitation period when protecting rights in court

A person whose rights have been violated has the right to go to court and defend his rights in court. What happens to the statute of limitations when going to court? The answer to this question is contained in Art. 204 Civil Code of the Russian Federation. It follows from the provisions of this article that the statute of limitations does not run from the date of application to the court in the prescribed manner for the protection of a violated right throughout the entire time that judicial protection of the violated right is carried out.

If the court leaves the claim without consideration, the limitation period that began before the filing of the claim continues to general procedure, unless otherwise follows from the grounds on which the implementation judicial protection rights terminated.

IN Resolution of the Federal Antimonopoly Service dated January 18, 2013 No. A35-3215/2012 the court indicated that due to para. 1 tbsp. 204 Civil Code of the Russian Federation If the claim is left by the court without consideration, then the limitation period that began before the filing of the claim continues in the general manner. According to the court, this rule (compared to para. 2 tbsp. 204 Civil Code of the Russian Federation) means that the running of the limitation period, which began before the filing of the claim, continues in the general manner, that is, it is not recognized that there was a break in the limitation period (suspension of the period), and, accordingly, when calculating it, the time from the date of filing the claim to the day issuing a court ruling to leave this claim without consideration. A similar position is contained in decisions of the Nineteenth Arbitration Court of Appeal dated October 4, 2012 No. A35-3215/2012, dated November 28, 2012 No. A08-4980/2012, Seventeenth Arbitration Court of Appeal dated September 25, 2012 No. 17AP-8742/2012-GK and other judicial acts).

If the court leaves without consideration a claim brought in a criminal case, the running of the limitation period that began before the filing of the claim is suspended until the commencement of the claim. legal force a verdict by which the claim was left without consideration.

If, after leaving the claim without consideration, the unexpired part of the limitation period is less than six months, it is extended to six months, except for cases where the grounds for leaving the claim without consideration were the actions (inaction) of the plaintiff.

Provisions Art. 204 Civil Code of the Russian Federation have expanded significantly compared to the current edition (until September 1, 2013). The provisions on the procedure for calculating the limitation period if a claim (not related to criminal law) was left by the court without consideration were not reflected in this article.

Limitation period for additional claims

In addition to the main requirement, additional requirements may be presented to the party to the transaction. Let's take this situation as an example. According to the norms of paragraph 10 of Art. 9 of the Federal Law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” is included in the contract required condition on the liability of the supplier (performer, contractor) for non-fulfillment or improper execution obligations specified by the contract. As liability for non-fulfillment or improper execution of a contract, payment of a fine, penalty or penalty may be provided.

Let's imagine such a situation. The customer of the contract does not fulfill its obligations in a timely manner - does not transfer payment under the contract within the deadlines established by the contract. At the same time, the terms of the contract stipulate that a penalty will be charged for the customer’s failure to fulfill its obligations in a timely manner. Repayment of the obligation is the main requirement of the contract, and payment of the penalty is an additional one. As installed new edition Art. 207 Civil Code of the Russian Federation, with the expiration of the limitation period for the main claim, the limitation period for additional claims (interest, penalties, pledge, guarantee, etc.), including those arising after the expiration of the limitation period for the main claim, is considered to have expired.

In case of missing the deadline for presentation for execution executive document according to the main claim, the limitation period for additional claims is considered to have expired.

Article 196. General limitation period

1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code.

2. The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law No. 35-FZ of March 6, 2006 “On Combating Terrorism.” (clause 2 as amended by Federal Law dated November 2, 2013 N 302-FZ)

Article 197. Special limitation periods

1. For certain types of claims, the law may establish special limitation periods, shorter or longer than the general period.

2. The rules of Article 195, paragraph 2 of Article 196 and Articles 198 - 207 of this Code also apply to special statutes of limitations, unless otherwise provided by law. (as amended by Federal Law dated May 7, 2013 N 100-FZ)

Article 198. Invalidity of an agreement to change the limitation period

The limitation periods and the procedure for calculating them cannot be changed by agreement of the parties.

The grounds for suspension and interruption of the limitation period are established by this Code and other laws.

Article 199. Application of the limitation period

1. A claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period.

2. The limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision.

The expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim.

3. Unilateral actions aimed at exercising the right (offset, direct write-off of funds, extrajudicial foreclosure of pledged property, etc.), the statute of limitations for the protection of which has expired, are not allowed. (Clause 3 introduced by Federal Law dated 05/07/2013 N 100-FZ)

Article 200. Beginning of the limitation period

(as amended by Federal Law dated May 7, 2013 N 100-FZ)

1. Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

2. For obligations with a certain period of performance, the limitation period begins to run upon the expiration of the performance period.

For obligations for which the deadline for fulfillment is not defined or is determined by the moment of demand, the limitation period begins to run from the day the creditor presents a demand for the fulfillment of the obligation, and if the debtor is given a period for fulfilling such a requirement, the calculation of the limitation period begins at the end of the period provided for the fulfillment of such requirements. In this case, the limitation period in any case cannot exceed ten years from the date the obligation arose.

3. For recourse obligations, the limitation period begins from the date of fulfillment of the main obligation.

Article 201. Limitation period for cases of change of persons in the obligation

A change of persons in an obligation does not entail a change in the limitation period or the procedure for calculating it.

Article 202. Suspension of the limitation period

(as amended by Federal Law dated May 7, 2013 N 100-FZ)

1. The limitation period is suspended:

1) if the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure);

2) if the plaintiff or defendant is part of the Armed Forces of the Russian Federation, transferred to martial law;

3) due to the deferment of fulfillment of obligations established on the basis of law by the Government of the Russian Federation (moratorium);

4) due to the suspension of the law or other legal act regulating the relevant relationship.

2. The running of the limitation period is suspended provided that the circumstances specified in paragraph 1 of this article arose or continued to exist in the last six months of the limitation period, and if this period is six months or less than six months, during the limitation period.

3. If the parties have resorted to a procedure for resolving a dispute out of court provided for by law (mediation procedure, mediation, administrative procedure, etc.), the limitation period is suspended for the period established by law for such a procedure, and in the absence of such a period - for six months from the date of commencement of the relevant procedure.

4. From the date of termination of the circumstance that served as the basis for suspension of the limitation period, its period continues to run. The remaining part of the limitation period, if it is less than six months, is extended to six months, and if the limitation period is six months or less than six months, to the limitation period.

Article 203. Interruption of the limitation period

The running of the limitation period is interrupted by the obligor performing actions indicating recognition of the debt. (as amended by Federal Law dated May 7, 2013 N 100-FZ)

After the break, the limitation period begins anew; the time elapsed before the break does not count towards the new term.

Article 204. Limitation period for protecting a violated right in court

(as amended by Federal Law dated May 7, 2013 N 100-FZ)

1. The limitation period does not run from the date of application to the court in the prescribed manner for the protection of a violated right throughout the entire time that judicial protection of the violated right is carried out.

2. If the court leaves the claim without consideration, the running of the limitation period, which began before the filing of the claim, continues in the general manner, unless otherwise follows from the grounds on which the implementation of judicial protection of the right is terminated.

If the court leaves without consideration a claim brought in a criminal case, the running of the limitation period that began before the filing of the claim is suspended until the verdict by which the claim was left without consideration enters into legal force.

3. If, after leaving the claim without consideration, the unexpired part of the limitation period is less than six months, it is extended to six months, except for cases where the grounds for leaving the claim without consideration were the actions (inaction) of the plaintiff.

Article 205. Reinstatement of the limitation period

In exceptional cases, when the court recognizes a valid reason for missing the statute of limitations due to circumstances related to the personality of the plaintiff (serious illness, helpless state, illiteracy, etc.), the violated right of a citizen is subject to protection. Reasons for missing the limitation period may be considered valid if they occurred in the last six months of the limitation period, and if this period is six months or less than six months, during the limitation period.

Article 206. Fulfillment of obligations after the expiration of the limitation period

A debtor or other obligated person who has fulfilled an obligation after the expiration of the limitation period does not have the right to demand back what was performed, even if at the time of fulfillment the specified person did not know about the expiration of the limitation period.

Article 207. Application of limitation periods to additional claims

(as amended by Federal Law dated May 7, 2013 N 100-FZ)

1. With the expiration of the limitation period for the main claim, the limitation period for additional claims (interest, penalties, pledge, guarantee, etc.), including those arising after the expiration of the limitation period for the main claim, is considered to have expired.

2. If the deadline for presenting a writ of execution on the main claim is missed, the limitation period for additional claims is considered expired.

Article 208. Claims to which the limitation period does not apply

The limitation period does not apply to:

requirements for the protection of personal non-property rights and other intangible benefits, except as provided by law;

depositors' demands to the bank for the issuance of deposits;

claims for compensation for harm caused to the life or health of a citizen. However, claims brought after three years from the moment the right to compensation for such damage arose are satisfied for the past time no more than three years preceding the filing of the claim, with the exception of cases provided for by Federal Law of March 6, 2006 N 35-FZ "On countering terrorism"; (as amended by Federal Law dated November 2, 2013 N 302-FZ)

demands of the owner or other possessor to eliminate any violations of his rights, even if these violations were not associated with deprivation of possession ();

other requirements in cases established by law.