According to paragraph 1 of the Plenary Resolution The Supreme Court RF dated September 29, 2015 No. 43 "On some issues related to the application of Civil Code Russian Federation about limitation period"the following clarifications are given on the application of the limitation period statute of limitations the term is recognized for the protection of the right on the claim of the person whose right has been violated. Based on this rule, the right of a person to be protected by a court should be understood as a subjective civil law specific person.

The purpose of the statute of limitations is to provide the victim with a strictly defined, but quite sufficient period to protect his rights. Upon expiration of the limitation period, the victim is deprived of the possibility of compulsory (judicial) protection of his right, but the violated right itself remains. For this reason, upon expiration of the statute of limitations, the person retains the right to bring a claim at any time, even if the statute of limitations is missed (i.e. the court is obliged to accept any claim at any time), but it must be borne in mind that the statute of limitations applies court at the request of a party to the dispute, i.e. if the other party to the dispute declares that the court applies the rules of limitation, then the court is obliged to satisfy such a statement if the plaintiff missed this period without good reason. This is due to the fact that only as a result of the proceedings it is possible to establish whether the limitation period has actually expired and there were no circumstances entailing its interruption, suspension or restoration.

General limitation period installed in three years (HK). For certain claims, the law may establish special limitation periods - both shorter and longer than the general period. So, special (reduced) limitation periods are provided for by transport legislation (paragraph 3 of Article 797 of the Civil Code).

There are requirements that are not covered by the statute of limitations. According to Article 208 of the Civil Code of the Russian Federation, the limitation period does not apply to:

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

requirements of depositors to the bank for the issuance of deposits;

Any of the above circumstances suspends the course of the general limitation period only on the condition that it arose or continued to exist in the last six months of the limitation period (clause 2 of article 202 of the Civil Code). Otherwise, they do not affect its course, because after the end of their validity, the entitled person has enough time to bring a claim.

After the termination of the circumstances that suspended the limitation period, its course continues for the remaining period. However, in the interests of the entitled person, the limitation period in these cases is always extended either to six months, or by the period of limitation itself, if it is reduced to six or less months (paragraph 4 of Article 202 of the Civil Code).

The law calls the abandonment of a claim filed in court without consideration (CC) as a special case of suspension of the limitation period, which is possible for reasons provided for by civil procedure and arbitration procedure legislation. The suspension of the limitation period here occurs regardless of the time of the presentation of the claim left without consideration, and its course after leaving the claim without consideration continues in general order... In this case, no lengthening of the statute of limitations occurs, except in cases of leaving without consideration civil actionfiled in criminal proceedings (where there is a possibility of extending the statute of limitations to six months).

Certain actions of the parties, undertaken by them during the statute of limitations, interrupt it. After the interruption of the limitation period, the statute of limitations begins to flow anew, and the time elapsed before the interruption is not counted in its duration (part 2 of article 203 of the Civil Code). This breaks the limitation period differs from its suspension. The rules on the suspension of the limitation period as mandatory provisions of the law are applied by the court even in the absence of a petition from the interested party.

The limitation period is interrupted by two circumstances: by filing a claim in the prescribed manner or by the commitment of an obliged person to actions that indicate his recognition of his debt (part 1 of Article 203 of the Civil Code).

In the first case, for a break, it is necessary for the court to accept the claim for consideration, i.e. compliance with the rules established by civil procedure or arbitration procedural legislation on jurisdiction or jurisdiction, on the execution and payment of a statement of claim, etc. In the second case, it is necessary for the defendant to perform specific actions - partial payment of the debt or a request for its deferral, a direct statement of consent with the claimant's demand, etc. Acknowledgment of debt interrupts the statute of limitations in all civil legal relations to which the latter applies.

In exceptional cases, the law allows the restoration of the limitation period by a court decision. Restoration of missed statute of limitations in accordance with Art. 205 of the Civil Code is possible only in relation to the plaintiffs if there are valid reasons that have taken place in the last six months of the general statute of limitations (or at any time during the course of the statute of limitations, reduced to six or more months). Among such reasons, the law includes only circumstances related to the personality of the plaintiff, in particular his serious illness, helpless state or illiteracy, which prevented him from resorting to the help of a representative to protect his interests. In this case, the court, despite the defendant's statement about the expiration of the statute of limitations, considers the dispute as if the statute of limitations had not expired.

Procedure for the application of the limitation period

In clauses 10-13, 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 2015 No. 43 "On some issues related to the application of the rules of the Civil Code of the Russian Federation on the limitation period", the following clarifications are given on the procedure for applying the limitation period:

• According to paragraph 2 of Article 199 of the Civil Code of the Russian Federation the limitation period applies only at the request of the party to the dispute , which, by virtue of the provisions of Article 56 of the Code of Civil Procedure of the Russian Federation, Article 65 of the Arbitration Procedure Code of the Russian Federation, bears the burden of proving the circumstances indicating the expiration of the limitation period.
  By virtue of part 3 of article 40 of the Code of Civil Procedure of the Russian Federation, part 3 of article 46 of the Arbitration Procedure Code of the Russian Federation, paragraph 1 of article 308 of the Civil Code of the Russian Federation, a statement on the application of limitation of actions made by one of the co-defendants does not apply to other co-defendants, including with joint and several obligations (liability).
  However, the court has the right to refuse to satisfy the claim if there is an application for the application of the limitation of actions from only one of the co-defendants, provided that, by virtue of law or contract or based on the nature of the disputed legal relationship, the plaintiff's claims cannot be satisfied at the expense of other co-defendants (for example, in the case of claim for reclaiming an indivisible thing).
  Inappropriate party's statement on the application of the limitation period
  has no legal significance.
  Since the statute of limitations is applied only at the request of a party to the dispute (paragraph 2 of Article 199 of the Civil Code of the Russian Federation), the corresponding statement made by a third party, as a general rule, is not a basis for the court to apply the statute of limitations. At the same time, a statement on the omission of the limitation period may be made by a third party, if, in the event of the satisfaction of the claim against the defendant, it is possible for the defendant to file a recourse claim against the third party or a claim for damages.
• Clause 2 of Article 199 of the Civil Code of the Russian Federation does not provide for any requirements for the application form for missing the limitation period : it can be done both in writing and orally, during the preparation of the case for trial or directly during the consideration of the case on the merits in the court of first instance, as well as in the court of appeal if the court of appeal proceeded to consider the case according to the rules of production in the court of first instance (part 5 of article 330 of the Code of Civil Procedure of the Russian Federation, part 6.1 of article 268 of the Arbitration Procedure Code of the Russian Federation). If the statement was made orally, this is indicated in the minutes of the court session.
• The burden of proving the existence of circumstances indicating the interruption, suspension of the limitation period rests with the person who brought the claim.
  In accordance with Article 205 of the Civil Code of the Russian Federation, in exceptional cases, the court
  may recognize as a valid reason for missing the limitation period due to circumstances related to the personality of the plaintiff - an individual, if the latter has made such a request and presented the necessary evidence.
  Within the meaning of this provision, as well as paragraph 3 of Article 23 of the Civil Code of the Russian Federation, the limitation period missed by a legal entity, as well as a citizen - an individual entrepreneur on claims related to his entrepreneurial activities, cannot be restored, regardless of the reasons for his omission.
• Taking into account that, by virtue of part 2 of Article 44 of the Code of Civil Procedure of the Russian Federation, part 3 of Article 48 of the Arbitration Procedure Code of the Russian Federation, all actions performed in the process prior to his entry into the case are mandatory for the successor, a repeated application for the application of the statute of limitations or a petition to restore the statute of limitations is not required.
• The expiration of the limitation period is an independent basis for refusing a claim (paragraph 2 of clause 2 of Article 199 of the Civil Code of the Russian Federation).
  If it is established that the party to the case missed the statute of limitations and there are no valid reasons for restoring this term for the plaintiff - an individual, then if there is an application from the proper person about the expiration of the statute of limitations, the court has the right to refuse to satisfy the claim only for these reasons, without investigation of other circumstances of the case.

Amendments to the provisions on the rules of limitation of actions introduced by Law No. 100-FZ to Chapter 12 of the Civil Code of the Russian Federation

05/07/2013 The President of the Russian Federation signed 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"

Law No. 100-FZ introduces significant amendments to Chapter 12 of the Civil Code of the Russian Federation (effective from September 1, 2013): a number of articles are set out in new edition and significantly supplemented and changed:

Article 196. General term of limitation of actions

(as of 01.07.2018)

Commentary on amendments to article 196 of the Civil Code

In clauses 8 - 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 2015 No. 43 "On some issues related to the application of the rules of the Civil Code of the Russian Federation on the limitation period", the following explanations are given on the application of the limitation period:

• According to paragraph 2 of Article 196 of the Civil Code of the Russian Federation, 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 provided for Federal law dated March 6, 2006 N 35-FZ "On countering terrorism".
  The beginning of the course of such a ten-year period, with the exception of the cases provided for by paragraph 1 of Article 181 and the second paragraph of paragraph 2 of Article 200 of the Civil Code of the Russian Federation, is the day of the violation of the law.
  Unless otherwise expressly provided by law, for the purposes of calculating this period, the day when the person learned or should have learned about the violation of his right and about who is the proper defendant in the claim for the protection of this right is not taken into account, and the specified period cannot be restored.
  The specified period is applied by the court at the request of the 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 an appeal to the court in accordance with the established procedure, or the obliged person committed actions that testify to the recognition of the debt.
  The ten-year period established by paragraph 2 of Article 196 of the Civil Code of the Russian Federation is not
  is subject to application to claims for which, in accordance with the law, the limitation period does not apply (for example, Article 208 of the Civil Code of the Russian Federation).
• In accordance with Part 1.1 of Article 18 of the Federal Law of March 6, 2006 N 35-FZ "On Countering Terrorism," compensation for harm caused as a result of a terrorist act, including moral harm, is carried out at the expense of the person who committed the terrorist act, as well as at the expense of funds of his close relatives, relatives and close persons, if there are sufficient grounds to believe that money, valuables and other property received by them as a result of terrorist activities and (or) are income from such property. At the same time, the limitation period does not apply to claims for compensation for harm caused to the life and health of citizens.
  The limitation period for claims for compensation for damage caused to property as a result of a terrorist act is established within the statute of limitations for criminal liability for the commission of the specified crime. In accordance with part 5 of Article 78 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), the statute of limitations does not apply to persons who have committed a crime under Article 205 of the Criminal Code of the Russian Federation (act of terrorism). Therefore, the statute of limitations does not apply to claims for compensation for property damage caused as a result of a terrorist act at the expense of the above persons (paragraph 2 of Article 196 of the Civil Code of the Russian Federation).

Article 200. Commencement of the course of the limitation period

(as of 01.07.2018)

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

   For obligations with a certain deadline, the limitation period begins at the end of the deadline.

   For obligations, the term of performance of which is not determined or is determined by the moment of demand, the limitation period begins to run from the day the creditor submits a claim for the performance of the obligation, and if the debtor is given a period to fulfill such a claim, the calculation of the limitation period begins after the expiration of the period provided for the performance of such requirements. In this case, the limitation period, in any case, cannot exceed ten years from the date of occurrence of the obligation.

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

Commentary on amendments to article 200 of the Civil Code

In clauses 1 - 7, 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 2015 No. 43 "On some issues related to the application of the rules of the Civil Code of the Russian Federation on the limitation period", the following explanations are given on the application of the limitation period:

• Unless otherwise provided by law, the course of the limitation period begins from the day when the person whose right has been violated learned or should have learned about the totality of the following circumstances: about the violation of his right and about who is the proper defendant in the claim for the protection of this right ( paragraph 1 of Article 200 of the Civil Code of the Russian Federation).
• In the event of a violation of the rights of individuals who do not have full civil or civil procedural capacity (for example, young children, incapacitated citizens), the limitation period for a claim related to such a violation starts from the day when the circumstances specified in paragraph 1 of Article 200 Civil Code of the Russian Federation, found out or should have known any of their legal representatives, including the guardianship and trusteeship body.
  In exceptional cases, when the limitation period was missed, for example, due to the clearly improper performance by the legal representatives of such persons of the powers vested in them by law, the missed limitation period can be restored at the request of the person represented or another authorized person in his interests (Article 205 of the Civil Code ).
  If the violation of the rights of the named persons was committed by their legal representative, the limitation period for claims against the latter, including the collection of damages, is calculated either from the moment when another legal representative, acting in good faith, learned about such a violation or should have learned about such a violation, or from the moment, when the person represented became aware or should have become aware of the violation of his rights and he became able to protect the violated right in court, that is, from the moment of the emergence or restoration of full civil or civil procedural capacity (Article 21 of the Civil Code of the Russian Federation, Article 37 of the Civil procedural code Of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation).
• The course of the limitation period for the claims of a legal entity begins from the day when a person who has the right to act independently or jointly with other persons on behalf of a legal entity learned or should have learned about the violation of the right of a legal entity and who is the proper defendant (paragraph 1 of Article 200 of the Civil Code of the Russian Federation). The change in the composition of the bodies of a legal entity does not affect the determination of the beginning of the course of the limitation period.
  Within the meaning of Articles 61 - 63 of the Civil Code of the Russian Federation, when a claim is filed by a liquidation commission (liquidator) on behalf of a liquidated legal entity against third parties who have debts to the organization in whose interests the claim is being brought, the limitation period should be calculated from the moment when the violated right became is known to the owner of this right, and not to the liquidation commission (liquidator).
• By virtue of paragraph 1 of Article 200 of the Civil Code of the Russian Federation, the limitation period for the requirements of public law entities represented by authorized bodies is calculated from the day when the public law entity represented by such bodies learned or should have learned about the violation of its rights, in particular, about the transfer of property to another person, performing actions that indicate the use of the disputed property by another person, for example, land plotand who is the proper defendant in a claim to protect this right.
• Within the meaning of paragraph 1 of Article 200 of the Civil Code of the Russian Federation when applying to the court of the authorities state power, bodies local government, organizations or citizens with a statement in defense of rights, freedoms and legitimate interests other persons in cases where such a right is granted to them by law (part 1 of Article 45 and part 1 of Article 46 of the Code of Civil Procedure of the Russian Federation, part 1 of Article 52 and parts 1 and 2 of Article 53, Article 53.1 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the beginning of the course of the limitation period is determined on the basis of when the person in whose interests such an application was filed 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.
• Within the meaning of Article 201 of the Civil Code of the Russian Federation, the transfer of rights by way of universal or singular succession (inheritance, reorganization of a legal entity, transfer of ownership of a thing, assignment of a right of claim, etc.), as well as the transfer of powers from one body of public law formation to another body do not affect the beginning of the course of the limitation period and the procedure for calculating it.
  In this case, the limitation period begins to run in accordance with the procedure established by Article 200 of the Civil Code of the Russian Federation, from the day when the original owner of the right learned or should have learned about the violation of his right and who is the proper defendant in the claim to protect this right.
• The limitation period does not apply to the requirements directly provided for by Article 208 of the Civil Code of the Russian Federation. These include the requirements of the owner or other owner to eliminate any violations of his right, if these violations were not combined with the deprivation of ownership, including the requirement to recognize the right (encumbrance) absent. The provisions provided for in paragraph five of Article 208 of the Civil Code of the Russian Federation do not apply to claims that are not negative (for example, to claims for the reclamation of property from someone else's illegal possession).

Article 202. Suspension of the course of the limitation period

(as of 01.07.2018)

Commentary on changes to article 202 of the Civil Code

In clauses 14, 16, 20 - 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 No. 43 "On some issues related to the application of the rules of the Civil Code of the Russian Federation on the limitation period", the following explanations are given on the application of the limitation period:

• From the day of applying to the court in accordance with the established procedure for the protection of the violated right, the limitation period does not flow throughout the entire time while the judicial protection is carried out (paragraph 1 of Article 204 of the Civil Code of the Russian Federation), including in cases when the court found other to be applied in resolving the dispute norms of law than those referred to by the plaintiff in the statement of claim, as well as when the plaintiff changes his chosen method of protecting the right or the circumstances on which he bases his claims (part 1 of article 39 of the Code of Civil Procedure of the Russian Federation and part 1 of article 49 of the Arbitration Procedure Code of the Russian Federation).
  Within the meaning of Articles 199, 200 of the Civil Code of the Russian Federation, an increase by a plaintiff in the amount of claims before the court makes a decision does not change the moment that has occurred in connection with the filing of a claim in the prescribed manner, from which the limitation period ceases to flow.
  At the same time, if the court accepted an application for an increase in the claim in respect of the debt for the periods that were not declared when the initial claim was filed, then the limitation period for the amended claims ceases to run from the date of the statement of such claims, and not from the date of the initial claim.
• According to paragraph 3 of Article 202 of the Civil Code of the Russian Federation, the limitation period is suspended if the parties have resorted to a non-judicial dispute resolution procedure, the appeal to which is provided for by law, including the mandatory claim procedure (for example, paragraph 2 of Article 407 of the Code merchant shipping Of the Russian Federation, Article 55 of the Federal Law of July 7, 2003 N 126-FZ "On Communications", Clause 1 of Article 16.1 of the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Owners vehicle", paragraph 1 of Article 12 of the Federal Law of June 30, 2003 N 87-FZ" On Freight Forwarding Activities "). In these cases, the limitation period is suspended for the period established by law for this procedure, and in the absence of such a period - for six months from the date of commencement of the relevant procedure.
• The course of the limitation period is interrupted by the commitment by the obliged person of actions indicating the recognition of the debt (Article 203 of the Civil Code of the Russian Federation).
  Actions evidencing the recognition of a debt in order to interrupt the course of the limitation period, in particular, may include: recognition of a claim; change of contract authorized person, from which it follows that the debtor recognizes the existence of a debt, as well as the debtor's request for such a change in the contract (for example, for a deferral or for payment by installments); the act of reconciliation of mutual settlements signed by an authorized person. A response to a complaint that does not include an acknowledgment of debt does not in itself constitute an acknowledgment of debt.
  The recognition of part of the debt, including by paying part of it, does not indicate the recognition of the debt as a whole, unless otherwise agreed by the debtor.
  In cases where the obligation provided for performance in parts or in the form of periodic payments and the debtor performed actions that testify to the recognition of only part of the debt (periodic payment), such actions cannot be grounds for interrupting the limitation period for other parts (payments).
• An interruption in the course of the limitation period in connection with the commission of actions testifying to the recognition of a debt can take place only within the limitation period, and not after its expiration.
  At the same time, after the expiry of the limitation period, the limitation period begins anew if the debtor or other obliged person recognizes his debt in writing (paragraph 2 of Article 206 of the Civil Code of the Russian Federation).
• The commission of actions by the representative of the debtor that testifies to the recognition of the debt interrupts the course of the limitation period, provided that this person had the appropriate powers (Civil Code of the Russian Federation).
• The limitation period cannot be interrupted by the debtor's inaction (Article 203 of the Civil Code of the Russian Federation). The fact that the debtor did not dispute the payment document on the direct write-off of funds, the possibility of challenging which is allowed by law or agreement, does not indicate that he has recognized the debt.

Article 196. General term of limitation of actions

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

2. The limitation period may not exceed ten years from the day of the violation of the right for the protection of which this period is established, except for the cases established by the Federal Law of March 6, 2006 N 35-FZ "On Countering Terrorism". (Clause 2 as amended by Federal Law dated 02.11.2013 N 302-FZ)

Article 197. Special terms of limitation of actions

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

2. The rules of Article 195, paragraph 2 of Article 196 and Articles 198 - 207 of this Code shall also apply to special periods of limitation, unless otherwise provided by law. (as amended by Federal Law of 07.05.2013 N 100-FZ)

Article 198. Invalidity of the agreement on changing the limitation periods

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

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

Article 199. Application of the limitation period

1. The claim for the protection of the violated right shall be accepted for consideration by the court regardless of the expiration of the limitation period.

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

The expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court's decision to dismiss the claim.

3. Unilateral actions aimed at exercising the right (offset, direct write-off of funds, extrajudicial foreclosure on pledged property, etc.), the limitation period for the protection of which has expired, are not allowed. (Clause 3 was introduced by the Federal Law of 07.05.2013 N 100-FZ)

Article 200. Beginning of the course of the limitation period

(as amended by Federal Law of 07.05.2013 N 100-FZ)

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

2. For obligations with a specific performance period, the limitation period begins upon the end of the performance period.

For obligations, the term for the performance of which is not determined or is determined by the moment of demand, the limitation period begins to run from the day the creditor submits a demand for the performance of the obligation, and if the debtor is given a period to fulfill such a requirement, the calculation of the limitation period begins after the expiration of the period provided for the performance of such requirements. In this case, the limitation period, in any case, cannot exceed ten years from the date of the obligation.

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

Article 201. The limitation period for the change of persons in the obligation

The change of persons in the obligation does not entail a change in the limitation period and the procedure for calculating it.

Article 202. Suspension of the course of the limitation period

(as amended by Federal Law of 07.05.2013 N 100-FZ)

1. The course of the limitation period is suspended:

1) if the filing of a claim was impeded 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) by virtue of the deferral of the fulfillment of obligations (moratorium) established on the basis of the law by the Government of the Russian Federation;

4) by virtue of the suspension of the operation of a law or other legal actregulating the appropriate attitude.

2. The course of the limitation period shall be suspended provided that the circumstances specified in clause 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 an out-of-court dispute resolution procedure prescribed by law (mediation procedure, mediation, administrative procedure, etc.), the limitation period shall be 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 corresponding procedure.

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

Article 203. Interruption in the course of the limitation period

The course of the limitation period is interrupted by the performance by the obliged person of actions that testify to the recognition of the debt. (as amended by Federal Law of 07.05.2013 N 100-FZ)

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

Article 204. The limitation period for the protection of the violated right in court

(as amended by Federal Law of 07.05.2013 N 100-FZ)

1. The limitation period does not run from the day of applying to the court in accordance with the established procedure for the protection of the violated right for the entire time while the judicial protection of the violated right is carried out.

2. If the court leaves the claim without consideration, the course of the limitation period, which began before the filing of the claim, continues in the general procedure, unless otherwise follows from the grounds on which the exercise of judicial protection of the right has been terminated.

If the court leaves without consideration a claim filed in a criminal case, which began before the presentation of the claim, the course of the limitation period shall be suspended until the entry into force of the verdict by which the claim was left without consideration.

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

Article 205. Restoration 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 the citizen is subject to protection. The reasons for missing the limitation period may be considered valid if they took place in the last six months of the limitation period, and if this period is equal to six months or less than six months - during the limitation period.

Article 206. Fulfillment of obligation upon expiration of the limitation period

The debtor or other obligated person who has fulfilled the obligation after the expiration of the limitation period is not entitled to claim the executed back, even if at the time of performance the said person did not know about the expiration of the limitation period.

Article 207. Application of the limitation period to additional requirements

(as amended by Federal Law of 07.05.2013 N 100-FZ)

1.With the expiration of the limitation period on the main claim, the limitation period is deemed to have expired and on additional claims (interest, forfeit, pledge, surety, etc.), including those arising after the expiration of the limitation period on the main claim.

2. In case of missing the deadline for presentation for execution executive document on the main claim, 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 non-material benefits, except for cases provided by law;

requirements of depositors to the bank for the issuance of deposits;

claims for compensation for harm caused to the life or health of a citizen. However, claims filed after three years from the moment the right to compensation for such harm arose are satisfied for the past time no more than three years preceding the filing of a 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 of 02.11.2013 N 302-FZ)

requirements of the owner or other owner to eliminate any violations of his rights, even if these violations were not combined with deprivation of ownership ();

other requirements in cases established by law.

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The habit of putting things off until tomorrow is inherent in many. Some justify this by their workload, others directly explain their own laziness. At the same time, in some situations, such a position can lead to unpredictable and often unpleasant consequences. This is about judicial proceedings... So, many people have some important cases, for the resolution of which it is simply necessary to appeal to the courts. This can be the collection of an old debt, and the recognition of any action of third parties as invalid. In certain cases, if you miss the deadline given by the state for a judicial appeal, the court's decision may not be in favor of the plaintiff. In this case, the court will refer to the expiration of the limitation period.

Limitation of actions. Wording

Any person has the right to go to the judiciary to protect personal rights. At the same time, the legislator, setting the time frame for filing such an application, on the one hand, protects the rights of this person, on the other hand, protects to some extent the interests of the defendant. The latter cannot be in a state of uncertainty all his life, every day expecting a claim against himself, therefore, the state applies such a limitation. It also encourages the plaintiffs and applicants to timely apply to the court for the protection of the criminal law.

The limitation period is different from other terms, for example, acquisitive prescription... It is due to the inability, if the limitation period has been missed, to defend their rights through the courts in a compulsory manner. However, the expiration of such a period does not deprive the applicant of the right to file

General term

The Civil Code of the Russian Federation determined such a period. It is called general legislation, that is, it refers to the preferential type of appeals to the judicial authorities. In other words, the general term always applies if there is no specific term. According to the specified legislative act, the general limitation period is 3 years. This period applies to legal relations arising between citizens, between organizations, as well as between citizens and legal entities. It is noteworthy that even if the parties who entered into an agreement between themselves establish some special terms in it, such a condition of the contract will not be valid.

Special term

To determine whether the limitation period is general, you need to know whether the situation that has arisen, or rather, the possibility of its appeal, is regulated by special terms. In general, such special parameters have every chance of being both longer and shorter than the generally established ones. Special terms are regulated by laws, including the Civil Code.

For example, the Civil Code has a limitation period of ten years for plaintiffs to apply to the courts with claims on the use of the results. However, most often in civil law there are not lengthened, but, on the contrary, shortened terms. So, for invalid certain types of transactions, this period can be 12 months. An identical time period is also established for claims against carriers. Two years are given to submit a claim to insurance companies.

How is it used

Although the general limitation period is 36 months, the judicial authorities cannot invoke this without accepting the citizen's application. The application of such a limitation period is provided for by law only if the defendant's party declares it. Missing the statute of limitations does not in itself mean that the issue will not be investigated and is subject to termination or rejection of the claim. If the defendant wants the court to apply this norm, then he must declare the corresponding demand to the court, even orally, even in writing. If such an application is not received, then the court cannot independently apply the statute of limitations.

It should also be borne in mind that if several defendants are involved in a dispute, then an application for a pass, for its application by the court must be submitted by all of them. If it is filed by only one defendant, then the judge uses the limitation period only with respect to that defendant. There are exceptions. The court may refuse the plaintiff if there is such a statement from only one defendant, if the plaintiff's claims cannot be fully or partially fulfilled by others. For example, such a situation may arise when filing a claim for the reclamation of a car that is jointly owned by many persons.

It should be noted that the application of the statute of limitations is quite likely also at the request of the plaintiff, and not just the defendant. However, for obvious reasons, this is extremely rare. Basically, such a requirement is stated by the plaintiff's counterparty.

The legislation also establishes a time period for filing a claim for the application of the limitation period, such a claim must be filed no later than the issuance of the final judicial act. That is, the claim can be made during judicial trial, in the debate of the parties, when studying the case materials, but before the court retires to the deliberation room, where it makes its decision.

Calculation of the term

The legislative act in the field of civil legal relations precisely defines the period from which the limitation period begins. This is the number when a person inquired about non-compliance with his powers. If the plaintiff was not notified about this, but due to some objective circumstances was obliged to know about the violation of his rights, then the term still starts to run from that moment. An example would be an agreement between the parties whereby the seller is obliged to deliver the goods to the buyer within a five-day period following receipt of the relevant payment document from the last. In the event that the seller has not fulfilled his obligations, and the payment document has been received, the limitation period under the agreement will begin to be calculated at the end of this 5-day period.

The course of the term is not affected by the fact of who applied for the protection of violated rights. That is, if the liquidation commission has filed a suit against the debtors of a legal entity in the process of liquidation, then it has no right to justify its claims by the fact that it has only recently learned about the existing debt. in this case, it will be calculated from the moment when the liquidated organization learned about it.

When determining the moment when the calculation of such a period begins, it is necessary to distinguish between the date of the offense and the date when the person, whose rights were violated, learned about it. It is not difficult to determine such a period when the plaintiff learns of the offense on the same day. However, he can find out about it much later. For example, an apartment in common ownership was divided among several owners. At the same time, the consent of any owner, who was on a business trip, was not requested, and indeed, a section was made without taking into account his share. The starting point for calculating the term for such a deprived owner will be the day when he becomes aware of the violated rights.

Sometimes there are situations when a person is obliged to know about the violation of his rights on the basis of contracts concluded with a certain moment of fulfillment of obligations. Example. The loan agreements, which are concluded between the bank's clients and the bank itself, indicate the period when the loan must be repaid. Upon the arrival of this day, in the absence of payment, the deadline for the presentation of claims and claims by the bank begins.

Can the term be suspended

The civil legislation of Russia provides for cases in which the course of the limitation period can be temporarily stopped. Although the general statute of limitations is thirty-six months, the suspension may actually be longer. In fact, such a suspension is due to the fact that during certain periods of time in certain situations the plaintiff cannot exercise his right to a defense in court.

The Civil Code of the Russian Federation suspends the limitation period for the following reasons.

1. Force majeure action. It is clear that some natural disasters may fall under this term. However, the actions of people, for example, military events or strikes, as well as other mass unrest of people, can also be attributed to circumstances of force majeure. Such a circumstance is characterized by an extraordinary nature, which is unusual for the normal and full-fledged development of relations. However, such circumstances should be considered impossible to prevent. So, for example, if a storm, the strength of which is five points, is considered a force majeure for a small ship at sea, then a similar storm of the same strength for a large ship will not be such. In any case, it is the court's prerogative to determine a situation that is subject to force majeure and, accordingly, suspends the course of the statute of limitations. Only the court, when considering a specific case, can decide to apply this ground to the suspension of the running of the term.
2. The next ground for suspension is the service and work of the debtor in the army. The law establishes a reservation - the troops must be transferred to martial law. If martial law is not introduced, then the term will not be suspended. However, service in the ranks of the Armed Forces of the Russian Federation can be recognized by a court as a valid reason, respectively, the term can be restored.
3. Postponement (moratorium) established by the government.
4. Suspension of any law that regulates certain legal relations associated with the violated right.

It should be understood that the suspension of the term is possible only if the above grounds appeared in the last six months, therefore, if they appeared earlier, then they cannot have any effect on the course of the term.

Break

Do not confuse the suspension of time and its interruption. The latter means that all the time that has elapsed before it, as it were, is zeroed out, loses its power. From the moment of the interruption, the new limitation period under the contract or other circumstance will begin to run again. The time that passed before this break, of course, again fixed time will not be counted. In other words, that time did not seem to exist.

For a break in the time of calculating the statute of limitations, the legislative bodies established only two grounds. These grounds cannot be changed or interpreted broadly. They cannot be supplemented by any conditions. These are the following reasons:

1. Acknowledgment of debt by a person or the commission of any actions that may indicate this.
2. Submission of a claim to the judicial authorities.

Acknowledgment of a debt can be expressed both in direct written form by the debtor, and through actions committed by him. For example, the defendant can write a letter in which his confession will be directly visible, or he can pay part of the debt, which will confirm that he agrees with the requirements for him. In all such options, the limitation period for the debt is interrupted and starts a new course.

For the second ground to apply, the plaintiff is required to file a claim with a court. Moreover, such a statement must meet all the requirements of the Civil Procedure Code. If this is not the case, then the term is not interrupted either.

Statute of limitations statement of claim, or rather, the calculation of the statute of limitations, if the claim is left without consideration, is regulated by Rule 204 of the Civil Code.

Is it possible to restore the term

The Civil Code determines that the expired limitation period in question is quite likely to be renewed, that is, restored. However, this opportunity can only be used by individuals, and then if they have any reasons that will be recognized by the judicial authorities as valid. Some of these reasons are directly indicated by a regulatory act - it can be an illness, a helpless state, and other circumstances. The list of such reasons specified in the code is not exhaustive, and therefore the recognition of this or that reason as valid or not is again entrusted to the court. The latter, in turn, is obliged to carefully study the evidence presented justifying the omission of the deadline, and after that make his decision to refuse or to satisfy the demand. The court is obliged to state its motives in this decision.

If the obligation is fulfilled after the end of the term

It is noteworthy that in the event that the obligated person properly fulfills his obligation to his counterparty after the limitation period has expired, he cannot demand the fulfilled back. The expired limitation period does not affect the debtor's obligation to fulfill his obligations. For example: if a person returned a debt to his creditor in the form of funds after five years (that is, the statute of limitations has passed), then he later, having learned about this limitation, cannot demand the creditor to return this money.

Exceptions

As in many respects, the legislator has determined the cases for which the period under consideration has no effect. So, in accordance with the Civil Code of the Russian Federation, the limitation period does not extend:

• on claims of citizens who have invested their money in a bank, against such a bank;
• to claims for the protection and restoration of non-property personal rights, other benefits that are not material;
• to the claims of the owners for the elimination of all violations of his rights;
• to the claims of persons who suffered damage to life or health, to compensation for such harm.

This list is not complete or definitive. Other laws or regulations other cases may also be envisaged. In addition, on some grounds from the list presented, it is possible to establish a limitation period by other laws, therefore, any single episode should be analyzed not only from the position of the Civil Code, but also from other legislative acts. It should also be mentioned that claims of citizens for compensation for harm caused to life and health are not limited by the statute of limitations. For all that, when analyzing such statements, the court determined a 3-year period preceding the filing of a claim, for which damage can be recovered. Over the time that has passed more than three years ago, such a claim will not be satisfied.

Thus, although the general limitation period is three years, each specific case must be examined separately to determine the period under which it falls.

The full text of Art. 196 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 196 of the Civil Code of the Russian Federation.

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

2. The limitation period may not exceed ten years from the date of violation of the right for the protection of which this period is established, except for the cases established by the Federal Law of March 6, 2006 N 35-FZ "On Countering Terrorism".

Commentary on Article 196 of the Civil Code of the Russian Federation

1. The Civil Code of the Russian Federation establishes the general limitation period, both for citizens and for legal entities, at three years old.

As a general rule, the limitation period begins to run from the day when the person learned or should have learned about the violation of his right and who the violator is ().

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

2. The legislator has established a limitation period of ten years from the date of violation of the right for the protection of which this period has been established.

The exception is claims for compensation for harm caused to the life or health of citizens as a result of a terrorist act, since the statute of limitations does not apply to them (Article 18 of the Federal Law of 06.03.2006 N 35-FZ "On Countering Terrorism").

As for claims for compensation for damage caused to property as a result of a terrorist act, they are subject to a statute of limitations within the statute of limitations for criminal liability for the crime. However, part 5 of Article 78 of the Criminal Code of the Russian Federation establishes that the statute of limitations does not apply to persons who have committed terrorist crimes, and, therefore, the statute of limitations is not limited.

3. Applicable law:
- the Criminal Code of the Russian Federation;
- Code of Civil Procedure of the Russian Federation;
- ФЗ dated 06.03.2006 N 35-ФЗ "On Countering Terrorism".

4. Judicial practice:
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of June 22, 2012 N 35;
- Resolution of the Plenum of the RF Armed Forces and the Plenum of the RF Supreme Arbitration Court of 04/29/2010 N 10/22;
- Resolution of the Plenum of the RF Armed Forces dated 02.07.2009 N 14;
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02.25.2014 N 165;
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of December 25, 2013 N 97;
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09.07.2013 N 158;
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09.12.2010 N 143;
- Resolution of the Federal Antimonopoly Service of the Moscow District of December 25, 2013 N F05-16202 / 2013 in case N A41-54093 / 12.

Consultations and comments of lawyers under Article 196 of the Civil Code of the Russian Federation

If you still have questions about Article 196 of the Civil Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

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