The limitation period is the time period during which the violated rights of a citizen or legal entity can be restored through the court. The claim (statement) is filed in a civil, arbitration or arbitration court.
General statutes of limitations are established by law in three calendar years. This statute of limitations applies to almost all requirements, with the exception of some, for which separate reduced periods are provided.
The Civil Code also provides for shortened periods. These terms are provided for contracts and disputes arising in the process of delivery and transportation of goods. So, for requirements made by customers to carriers, the statute of limitations is two months or 60 calendar days. Claims by the carrier submitted to the customer through the court will be considered if the statute of limitations has not exceeded six months or one hundred and eighty calendar days.
Statute of limitations is the most important factor for resolving economic disputes. It is very important to correctly determine the beginning of the period from which the right to a legal claim to the defendant arises, and its total duration. So, in the Civil Code of the Russian Federation, according to the 200th article, the limitation period arises from the moment of delivery of goods, services or work that does not meet the quality requirements and the terms of the contract, or having any defects.
The Civil Code of the Russian Federation provides that the limitation of actions is continuous, and any person who has claims for violated rights and freedoms may apply to the court for their protection. The legislation also provides that in certain circumstances the plaintiff cannot present his claim in a timely manner, and therefore it is possible to suspend the statute of limitations. During this period, from the moment such circumstances begin to run until the end, the past period is sort of crossed out and not counted by the court when determining the duration of the statute of limitations. The restoration of the limitation period for filing a claim with the court for the protection of violated rights is extended for the entire general term and is taken into account in its entirety only upon termination of such circumstances. It can be various emergency situations, such as earthquakes, floods or other circumstances stipulated by state bodies, etc.
Special limitation periods are provided for consideration of claims related to compensation for harm to a person’s health or his life directly (in cases when a pension is awarded in case of loss of the sole breadwinner in the family).
The main reason for missing the statute of limitations for transferring a claim to court for protection may be a serious illness or other circumstances. Then the reason for such a pass is considered valid, and the statute of limitations is fully restored.
The meaning and understanding of statute of limitations is important for every ordinary citizen or business entity, since the rule of law and stability in property relations are important for both parties. Timely protection and elimination of uncertainty in civil matters during the implementation of any economic activity or in the provision of services contributes to the development of discipline in society as a whole. When it is unprofitable to commit illegal actions, knowing that punishment for them is inevitable and the state is on the side of social justice, maintaining the balance of the system in civilian business circulation. At the same time, the statutory limitation periods serve both parties to the contract, prompting the guilty respondent party to fulfill their obligations and at the same time, giving the plaintiff the opportunity to defend and defend his rights in court.
After the expiration of the statute of limitations, the opportunity to present their claims to the court for the protection of violated rights from business entities and from citizens is lost.