What is the statute of limitations for civil cases? We answer current questions from borrowers-debtors: is there a statute of limitations on loans? Statute of limitations for receiving

Question of duration criminal liability in Russia is entirely dedicated. It states that criminal prosecution may be closed due to limitation after 2, 6, 10 or 15 years.

The statute of limitations depends on the category of crime, maximum term of 15 years applies to particularly serious crimes. In this case, liability may arise even after the expiration of the statute of limitations, if the court considers the crime to be socially dangerous and does not see the point in limiting criminal prosecution. The situation is similar with crimes that carry life imprisonment or the death penalty.

What statute of limitations applies to murder? It all depends on the circumstances of the crime, the presence of aggravating or mitigating factors. Read more about this in our article today.

Categories of crimes

The statute of limitations depends on the category of crime, each of which is set out in.

According to the degree of severity (social danger of the act), any crime is divided into 4 types:

crimes of minor gravity - intentional and careless acts, the punishment for which does not exceed 3 years of imprisonment;
crimes of medium gravity - intentional acts with imprisonment for up to 5 years and careless acts, the punishment for which is more than 3 years;
serious crimes - intentional crimes, the punishment for which does not exceed 10 years of imprisonment;
especially serious crimes are intentional crimes for which imprisonment for a term exceeding 10 years or another more severe punishment is imposed.

Features of calculating the statute of limitations for crimes

In Art. 78 of the Criminal Code of the Russian Federation, part 1, indicates the dependence of the statute of limitations on the category of crime:

minor crimes – 2 years;
moderate severity – 6 years;
serious crimes - 10 years;
especially serious crimes - 15 years.

The calculation of the statute of limitations begins exactly at 00:00 o'clock on the day following the day the crime was committed, and ends at the time of issuance court verdict or its entry into force. Each type of crime has its own statute of limitations. For example, if a person has once committed a theft, and now he has been convicted of hooliganism, then the statute of limitations for the theft will not be updated (if he was never convicted of it).

The running of the statute of limitations is interrupted exactly for the time when the perpetrator evades the investigation, payment of a fine and other measures of criminal liability. The statute of limitations will be considered renewed from the moment when the perpetrator is forcibly detained or independently visits the investigative authorities to write a confession.

For crimes for which life imprisonment or the death penalty is imposed, the statute of limitations may be canceled by a court decision. In this case, we are talking about acts that pose an increased public danger.

What crimes do not have a statute of limitations?

Crimes for which statutes of limitations do not apply are discussed in Part 5 of Art. 78 of the Criminal Code of the Russian Federation. We are talking about crimes that, in accordance with the norms of world law, are recognized as committed against the peace and security of all mankind.

Such crimes include:

terrorist acts, including international ones;
ecocide and genocide;
hijacking of an aircraft or water vessel;
inhumane methods of warfare;
some types of hostage taking;
planning, preparation and initiation of military operations;
attacks on life government workers or public figures;
seizure and retention of power, armed rebellion;
attacks on citizens and institutions that are under international protection.

Criminal prosecution for these actions will occur indefinitely, regardless of the period of their commission, the age of the offender and other factors.

Length of criminal liability for murder

Responsibility for the murders is listed in . It has two parts, the first of which is devoted to unqualified (“ordinary”) crimes, and the second to murders with additional qualifying (aggravating) features. Under the first part of Article 105, liability implies imprisonment for a term of 6 to 15 years, under the second – imprisonment from 8 to 20 years, as well as life imprisonment or the death penalty.

Any murders are classified as especially serious, since the maximum sentences of imprisonment for them, regardless of the presence or absence of aggravating features, are from 15 to 20 years. In accordance with Art. 78 of the Criminal Code of the Russian Federation for especially serious crimes a statute of limitations of 15 years is prescribed. Murder with aggravating features (Part 2 of Article 105 of the Russian Federation) implies the possibility of life imprisonment or death penalty, therefore, in their regard, the court may completely cancel the statute of limitations. That is, criminal prosecution for especially serious murders with aggravating features may not have a statute of limitations.

The duration of criminal liability for murder can be eternal if the relatives of the deceased filed an appeal about the application of the statute of limitations in relation to the crime to a higher authority. court. In theory, any premeditated murder could be waived by the standard 15-year statute of limitations.

Privileged types of murders

Murders with mitigating circumstances or potentially less dangerous to society than “ordinary” premeditated murders are considered privileged (Article 105 of the Criminal Code of the Russian Federation). These include:

murder by a mother of a newborn child during or immediately after childbirth () – imprisonment for up to 5 years;
murder in the heat of passion () – imprisonment for a term of 3 to 5 years;
murder in excess of necessary defense measures () – imprisonment for up to 2 years;
murder as a result of exceeding measures to detain a person who committed a crime (Part 2 of Article 108 of the Criminal Code of the Russian Federation) - imprisonment for up to 3 years;
causing death by negligence () – imprisonment from 2 to 4 years, depending on the presence of aggravating features.

According to the specified articles the statute of limitations will always be less than 15 years, because they are not particularly severe. In accordance with Art. 78 of the Criminal Code of the Russian Federation they belong to the category of crimes of minor or medium gravity, therefore the statute of limitations for them cannot exceed two and six years, respectively.

Due to the rather difficult financial situation, cases have become more frequent when people refuse to return loan money that was taken in prosperous times.

Often such situations end in court, but not all debtors know when the statute of limitations on loans expires.

But what exactly is a statute of limitations on loans? Who should confiscate property based on a court decision? And what can the bank do after the expiration date? limitation period? Below you will find the answers to these questions.

The statute of limitations is the period of time during which one person can sue another person for a violation of his rights.

If the statute of limitations on a case has expired, then a person cannot sue another person. By law, the statute of limitations for loans is 3 years.

From what point is the delay calculated? The first day of delinquency is the date on which the debtor was supposed to make a payment in accordance with the credit plan, but did not do so for any reason.

For example, a person, in accordance with the plan, was supposed to make a payment on a consumer loan on June 1, 2018, but did not do so - in this case, this date will be considered the first day of delay, and the statute of limitations for this case will expire on June 1, 2021.

Please note that the statute of limitations may be waived if the debtor acknowledges the debt in some documented form.

Consider this example: a person was supposed to make a credit card payment on June 1, 2020, but did not do so, so the bank sent the debtor a letter demanding recognition of the debt - if the debtor signs it and sends a signature notice back to the bank on August 1, 2020, then new date The countdown will no longer be June 1, but August 1.

Let's now find out what the statute of limitations is for a loan if it is not paid. In case of delay, the creditor may demand compensation from the debtor. Also, penalties and/or fines are imposed for late payments in accordance with the loan agreement.

If the debtor does not want to repay the loan or the bank cannot contact the debtor (for example, it is not possible to find out the debtor’s place of residence), then he can go to court to protect his rights during the limitation period for personal loans.

To court hearing took place, the presence of the debtor is necessary, and the debtor himself must be notified in writing of the meeting.

Various methods can be used for notification:

Most often, notification is carried out by the court in the form of sending a notification letter by mail.
The bank also contacts the debtor (by letter or in person).
In some cases, the bank may contact a collection agency. Please note that debt collectors can only serve a notice and seek repayment of a debt voluntarily, and forced service of a notice or forfeiture of property is considered a criminal offense.

If the notification cannot be served for any reason (for example, the debtor cannot be found), then a court hearing may be scheduled in absentia.

If the creditor wins, a decision will be made to forcefully collect the debt. After this, the decision on collection must be transferred to Federal service bailiffs.

Please note that only the FSSB has the right to confiscate property, and collection agencies can confiscate property only on a voluntary basis.

To confiscate property, the FSSB must make an inventory of the property and identify objects of confiscation. The FSSB must notify the debtor of the fact of the visit.

If the location of the debtor cannot be established, then the bailiffs do not have the right to forcibly confiscate the property.

Judicial practice shows that very often a situation arises when the debtor hides from the FSSB for 3 years, which makes confiscation of property impossible, and after the statute of limitations expires, the case is closed.

However, regardless of the outcome of the case, information about the negligent debtor ends up in a special bank register of credit histories, which significantly reduces the former debtor’s chances of taking out a new loan in the future.

Let's now find out whether the statute of limitations can expire if you don't pay the loan for 3 years. After the statute of limitations has expired, the bank can seize the debtor's property only on a voluntary basis.

However, in practice, there are very often cases when the bank, even after the expiration of the statute of limitations, continues to send the debtor a court decision to collect the debt.

Can the debt be written off in this case? Yes, this is possible if the debtor does the following:

First you need to collect documents - a passport and any paper that confirms the expiration of the statute of limitations (usually loan agreement).
You need to go to court with these documents. You should also write a statement asking to recognize the creditor’s claims as illegal, since the statute of limitations has expired.
We must wait for the court's decision. If the court sides with the debtor and annuls the contract due to the expiration of the statute of limitations, then it is necessary to send a copy of the decision to the creditor. If the court for any reason refuses the debtor’s legal claims, then he must file an appeal to another court.

Conclusion

Now you know whether there is a statute of limitations on unpaid loans. Let's summarize.

If a person refuses to make mandatory loan payments, then debt arises. The debt can be forcibly withdrawn through the court.

The statute of limitations for credit debt is 3 years from the first day of delay.

If during this period the bank is unable to seize the property to repay the debt forcibly with the help of the FSSP, then the loan agreement is canceled and the debtor is released from paying the debt.

However, regardless of the outcome of the case, information about the negligent creditor ends up in a special register, which significantly complicates obtaining a loan in the future.

Video: Limitation period for a loan

Often rights are asserted through the courts. But for this there are certain time limits, which are called the limitation period. Skipping this period may result in the plaintiff achieving nothing. But you still need to know some nuances in this matter. About the limitation period for civil cases described in the article.

Essence and objectives

The statute of limitations is the time during which the injured party has the right to go to court to defend their interests. This term is usually found in court. But there are other methods of restoring justice.

Often people turn to different authorities. But the law has its own deadlines for this. The tasks of this include the discipline of people. After all, many delay going to court, hoping for a peaceful solution to the problem. But time passes, and the chances of success decrease. Therefore, it is important to remember the statute of limitations in civil cases. This will prevent many problems.

Civil cases

The statute of limitations for civil cases is 3 years. This rule is enshrined in Art. 195 of the Civil Code of the Russian Federation. It turns out that during this period there is a possibility of filing a claim. But in some cases, a shorter and longer limitation period has been established.

The statute of limitations for transactions is 1 year. Such a procedure is usually required if the validity of the procedure is in doubt. The 1-year period also applies in the following cases:

Transportation of goods and luggage.
The quality of work performed under the contract.

For property insurance contracts, the statute of limitations is 2 years. These nuances are indicated in Art. 966 of the Civil Code of the Russian Federation. The law also establishes other deadlines for some disputes. This applies to labor relations. In Art. 392 of the Labor Code of the Russian Federation states that an employee, if his rights have been violated, can go to court within 3 months. But in case of illegal dismissal, the period is 1 month. And if an employer needs to recover funds from an employee for damage caused, then he needs to go to court within 1 year.

Calculus

The statute of limitations for civil cases is counted in years. Its end falls on the same date as its beginning. For example, if it is valid from March 31, 2015, then the end is March 31, 2018. Important to consider. What if the last day of the limitation period falls on a weekend, then it will expire on the next working day.

If the debt includes several payments, for example, principal and penalties, then each of them has its own limitation period. This also applies to obligations for which funds must be periodically deposited. The limitation period for payments is calculated for each payment. This circumstance is beneficial for the borrower if the bank sues to recover funds.

The statute of limitations for the collection of funds may be suspended and interrupted. The difference is that in the first case, the limitation period continues until the end of certain circumstances. With an interruption, the timing starts from the beginning.

Start, pause and end

The limitation period begins with the fact of violation of the rights of the injured person. It is necessary to know the culprit of non-fulfillment of obligations. The period is calculated from the next date after the obligation must be fulfilled. For example, if the agreement requires the funds to be returned on February 2, 2016, then the three-year period will begin on February 3. Limitation period for accounts payable is 3 years.

But it also happens that the parties forget to stipulate the periods for paying the debt and fulfilling other obligations. Then the limitation period for claims is calculated differently. First, a written demand is sent to the debtor. Once it is received, the statute of limitations will begin. But it may also be that the requirement has an additional deadline.

There is another case when the deadline for fulfilling obligations is determined differently. In Part 2 of Art. 200 of the Civil Code of the Russian Federation states that going to court is possible only within 10 years from the conclusion of the contract. These changes took effect from 09/01/2013. But it was found that the rule applies to those contracts that were executed before the fall of 2013.

Slowdown

The limitation period is stopped and interrupted. The list of grounds includes Art. 202 of the Civil Code of the Russian Federation. Slowdown occurs in the following cases:

Force majeure circumstances that made it impossible to fulfill obligations.
The party to the dispute is serving in the armed forces.
The government's introduction of a moratorium on execution certain type obligations.
Suspension of documents regulated by disputes.

The limitation period is suspended if the parties resort to pre-trial settlement spore. For example, in the future this will apply to arbitration cases. These amendments to the Arbitration Procedure Code of the Russian Federation have been published. In this case, the deadlines are stopped for the duration of the procedure.

If the circumstances for suspending the limitation period have ceased, then its effect continues. When, after the suspension of the period, there is less than six months left until the end, it is extended to 6 months. It is important for the plaintiff to prove that he has circumstances for which the limitation period is suspended.

The period in civil cases is interrupted in 2 cases. Typically, the term begins to apply again when the opposite party has acknowledged the existence of the debt. These include partial settlement and a positive response to the claim. The period is interrupted from the moment the claim is filed in court. But if it is not considered, then the validity period is restored.

Compared to the case of suspension with interruption, the limitation period begins anew. For example, if the debt was paid on March 1, 2016, then collection is possible only until the same date in 2019. It should be borne in mind that if an assignment of claim or transfer of debt occurs, this does not affect the limitation period.

Restoring deadlines

Even if the statute of limitations has expired, the court can take this into account and consider the case on its merits. For this purpose in Art. 205 of the Civil Code of the Russian Federation outlines the rule according to which the period is restored due to the plaintiff’s serious illness, illiteracy, or helpless state. It is important that the circumstances appear in the last 6 months of the due date.

It must be remembered that the above rule only applies to civil process. The limitation period is not restored. If the period is missed, the court will still accept the demands. But the second party has the right to declare the deadline has expired. Then the court may refuse the claim.

End

If the period has expired, this is not considered a basis for refusing to accept the claim. The judge does not accept the claim when a party to the case claims that this period has passed. It should be taken into account that it must come from the side of the civil case.

Although third parties can put forward this demand, it will not be accepted by the judge. This happens if a third party is liable for recourse claims brought by the losing defendant in court. In addition to Art. 199 of the Civil Code of the Russian Federation, this provision is specified in the resolution of the plenum of the Supreme Court of the Russian Federation No. 43 of September 29, 2015.

When the court positively accepted the application for the use of a statute of limitations and found the grounds compelling, this will be a reason for refusing to satisfy the claims. Civil cases are considered regularly. They occur for various reasons, so it is important for the parties to take into account all the nuances regarding these processes. This will simplify the procedure for protecting rights.

When does the deadline not apply?

There are several cases where the statute of limitations does not apply. Such situations include cases related to bank deposits, protection of non-property benefits, compensation for losses, and harm to health. The rule does not apply to multiple property rights disputes.

Thus, before going to court to restore your rights, it is important to take into account the rules of the law. This will allow you to perform any procedure correctly. As long as the statute of limitations has not passed, a citizen has the right to go to court to protect his interests.

Publication date: 2015-11-19
Heading:

The limitation period is something that everyone thinks about (should think about) when filing a claim. statement of claim to court. If the deadline has expired, the claim will most likely be denied.

We have already talked about calculating the statute of limitations. However, in light of the changes made to the general part of the Civil Code of the Russian Federation over the past two years, as well as in connection with the recently adopted clarifications of the Plenum Supreme Court RF (Resolution No. 43 of September 29, 2015), it’s time to update the previous consultation.

We will talk about the prospects of your case, prepare documents and represent your interests in court. Write to or call + 7 499 390 76 96.

How to calculate the statute of limitations?

The limitation period begins from the day when the plaintiff learned or should have known:

that his right has been violated and
who violated this right.

As a rule, these two circumstances occur simultaneously. It is also possible that the plaintiff will be able to find out who violated it, that is, who the proper defendant is, later. In the latter case, it is from this moment that the limitation period begins.

If the plaintiff is legal entity, then the period should be calculated based on when the violation of the right became known executive body of this person. At the same time, a change in the personal composition of this body (sole or collegial) does not affect the running of the limitation period.

The period does not begin again even if universal succession on the side of the potential plaintiff (inheritance - for individuals or reorganization - for legal entities).

Let's look at an example of calculating the limitation period:

The deadline for payment for services provided in accordance with the contract is no later than November 19, 2015.
The client does not pay for services on time.
November 20, 2015 is the day when the performer’s rights were violated. The contractor knows that it is from this date that the delay begins and knows who is the violator of his rights (the client). This means that the statute of limitations must be counted from this date.
For three years, up to and including November 19, 2018, the executor may file a claim without fear of the statute of limitations being applied to his claim.

Consequences of missing the statute of limitations

If the statute of limitations is missed, the plaintiff is not deprived of the right to bring a claim. But if the defendant complains about missing the deadline, the court will refuse to satisfy claims. By own initiative The court does not apply a statute of limitations.

The plaintiff, in response to the defendant’s statement, has the right to argue for a break in the time limit or for its suspension. Here we will not talk in detail about all the reasons for this: they are listed in Articles 202 and 203 of the Civil Code of the Russian Federation. But let's focus on a few.

The statute of limitations ceases to run from the moment the claim is filed in court. If the claim is subsequently left without consideration, the period will continue to run from the date of adoption of the relevant judicial act.

If a claim is brought against an improper defendant, then the period will cease to run not from the moment the lawsuit is filed, but after the plaintiff agrees to replace the defendant with a proper one.

An important position of the Plenum: the plaintiff changed the method of defense along the way trial, as well as the legal reclassification of the circumstances of the case by the court itself does not affect the fact that the statute of limitations has been interrupted from the moment the statement of claim is filed.

The limitation period is interrupted if the defendant commits actions indicating recognition of the debt. As soon as such actions are taken, the period will begin again.

As examples of these actions, the Plenum of the Supreme Court of the Russian Federation cites, in particular, the recognition of a claim and the signing of an act of reconciliation of mutual settlements. At the same time, the following important caveats are made:

the reconciliation act must be signed by an authorized person (we believe that the chief accountant, who does not have the appropriate power of attorney, is not such a person);
partial payment of a debt does not mean recognition of the remaining part of the debt;
a response to a claim that does not contain an indication of recognition of the debt also does not interrupt the running of the limitation period;
the statute of limitations can be interrupted by actions indicating the recognition of a debt only within the limitation period, and not after its expiration. An exception is if the debt is acknowledged in writing;
recognition of the principal debt does not mean recognition of additional claims.

In exceptional cases, the court may consider the reasons for missing a deadline to be valid. an individual and restore the deadline. For claims brought by a legal entity or individual entrepreneur, this is impossible.

Who reports missing a deadline and how?

According to Civil Code RF, an application for missing a deadline can be made by a party to the case, that is, the defendant. However, in its resolution, the Plenum of the Supreme Court of the Russian Federation made a serious addition that changes the literal interpretation of the code: a third party can also refer to the passage of the statute of limitations if, if the claim against the defendant is satisfied, the defendant may file a recourse claim or a claim for damages against the third party.

You can inform the court about missing a deadline either in writing or orally. The application may be submitted either to the court of first instance or to Court of Appeal, considering the case according to the rules of the court of first instance. If you remembered that the plaintiff missed the statute of limitations at any other stage of the legal proceedings, you are too late.

Those whose rights have been violated may submit demands (claims) for their protection to the appropriate body - a court, arbitration court or arbitration tribunal (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 interested person loses the opportunity to demand in court or arbitration court the compulsory protection of a violated right, i.e., it is deprived of the right to sue 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 tribunal only upon the application 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 statute of limitations and, if there are legal grounds, to 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 for the elimination of violations of law and for the proper fulfillment of 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 non-property rights (for example, the right 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 limits for 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 by 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 legal 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 be distinguished from acquisitive prescription, 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, a citizen or legal entity who is not the owner of property, but who in good faith, openly and continuously owns it as their own real estate for at least 15 years or other property for at least 5 years, acquire 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 installed for individual species 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 in 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. According to the 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 identifies 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 a 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 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 running of limitation for legal relations involving all subjects civil law is to bring a claim in accordance with the established procedure. 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 limitation period is also the commission obligated person actions indicating recognition of debt and any other obligation in general. 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.

From the suspension and interruption of the limitation period, one should distinguish its restoration, which is used by a court, arbitration or arbitration court to protect a violated right in the presence of 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, a valid reason for missing the limitation period may be the illness of the plaintiff, if it actually prevented the timely filing of the claim.

The issue of reinstating the statute of limitations is decided at a court hearing or arbitration court with calling 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.