Restoring a missed statute of limitations

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In accordance with the laws in force in the Russian Federation, the time limit for filing a claim in court is 3 years. It is assumed that 3 years is enough to identify violations on the part of the defendant and to prepare documents for consideration by the court.

Three years, in this case, is called the claim period within which the appeal must be written. If the claim has been pending for more than three years, the defendant may plead that the time limit has passed, in which case the judge may legally refuse to hear the claim. In other cases, as practice shows, applications with an expired deadline are rejected and not brought to a hearing.

Deadline for filing a claim

In accordance with Art. 196 of the Civil Code of the Russian Federation establishes a general deadline for filing an application - 3 years. But there are exceptions for which other deadlines are set. Let's take a closer look:

According to Art. 392 of the Labor Code of the Russian Federation “Claim for compensation of arrears of wages” - within 3 months from the date of discovery of a violation of civil rights.
In accordance with Art. 392 of the Labor Code of the Russian Federation “Claim in case of failure to resolve a civil case regarding the dismissal of an employee in pre-trial order” - within one month from the date of drawing up and delivery of the dismissal order, or from the date of issuance of the citizen’s work book.
According to Art. 392 of the Labor Code of the Russian Federation “Claim in a dispute regarding compensation for damages by an employee” - within one year from the date the employer discovered the damage.
In accordance with Art. 321 of the Code of Civil Procedure of the Russian Federation “Drafting and filing an appeal against a court decision” - within one month from the date of the court’s decision.
According to Art. 376 of the Code of Civil Procedure of the Russian Federation “Drawing up a cassation appeal against a court decision” - within 6 months from the date of adoption and entry into force of the decision by the court.
In accordance with Art. 276 of the Arbitration Procedure Code of the Russian Federation “Drawing up a cassation appeal against a court decision” - within 2 months from the date of adoption and entry into force of the decision by the court.
According to Art. 391.2 of the Code of Civil Procedure of the Russian Federation “Drafting a supervisory appeal against a court decision, filing it with the Supreme Court of the Russian Federation” - within 3 months from the date of adoption and entry into force of the decision by the judicial panel in a civil case.
According to Art. 181 of the Civil Code of the Russian Federation “Time limits for filing a statement of claim in court in a civil case to declare a transaction invalid” - three years from the date of signing the agreement (contract).
In accordance with Art. 181 of the Civil Code of the Russian Federation “Claim for recognition of a transaction as valid in accordance with the decision on its invalidity” - one year from the date the transaction was declared invalid.
10. In accordance with Article 797 of the Civil Code of the Russian Federation “Claim with a claim in accordance with the conclusion of a contract for the carriage of goods” - one year, at the time of execution in accordance with the terms of the contract.

Claims that are not subject to a statute of limitations

Requirements for the protection of personal non-property rights and benefits, except in cases specified and discussed in the law.
Drawing up a request from a bank depositor for the issuance of property deposits.
A claim for compensation for harm that indirectly or directly relates to the creation of inappropriate living conditions or health of a citizen.
Other conditions provided by law.
There is a valid reason for its restoration.

List of acceptable reasons for reinstating the claim period

It can be restored or extended upon request in accordance with the RF Armed Forces. The missed deadline is restored through the court, but the general ones are established in accordance with Art. 205 Civil Code of the Russian Federation. What cases will be considered:

at the discretion of the judicial panel;
serious illness of the plaintiff, documented;
the plaintiff’s incapacitated condition, documented;
the plaintiff’s illiteracy, documented;
documented temporary mental disorder;
in cases of improper execution by representatives of the law of the powers assigned to them by the legislation of the Russian Federation;

The presented list is not exhaustive and has no legislative boundaries; each specific case is considered individually. Reasons for absence are considered valid if they were provided within 6 months after the statute of limitations expired.

Suspension of the limitation period

Suspension is also permissible in the law of the Russian Federation in the following cases:

the plaintiff was called up for compulsory service: martial law, contract service, military service;
the presence of a moratorium on the fulfillment of obligations;
extraordinary circumstances preventing the filing of a claim in court in a civil case;
the deadline for filing a statement of claim in court in a civil case is suspended if the effect of the decision, as a result of which the rights are regulated, is suspended;
in case of agreement of the parties, with the participation of an intermediary organization or individual.

Suspension is possible only during the period of occurrence of the listed requirements within 6 months from the date of the document proving the beginning of fulfillment of obligations.

The concept of reinstating the statute of limitations

The definition of limitation period must be understood as a legally established period during which a person has the opportunity to restore violated rights by filing a claim.

This period is precisely defined and is provided to victims of unlawful actions of third parties. Its expiration makes it impossible to defend.

At its core, the provided period is designed to eliminate uncertainty or negative consequences that resulted from the unlawful behavior of persons participating in legal relations. The threat of enforcement action, which exists within the statute of limitations, makes it possible to deter a potential violator from illegal behavior.

The termination of such a period complicates not only the protection of rights, but also the process of proof itself. Missing a deadline may be considered valid, which falls within the exclusive jurisdiction of the court.

Restoring the statute of limitations is possible if there are a number of reasons that caused it to be missed and made it impossible to use one’s own rights within its limits.

Judicial authorities may recognize the legitimacy of missing such a period for reasons of serious illness, illiteracy, helplessness, etc.

Consequences of expiration of the deadline for filing a claim

If the statute of limitations has expired, a petition for restoration is drawn up and a statement of claim is filed in court in a civil case, in which the reasons are stated. Although drawing up a petition is not a mandatory condition for going to court, it is still necessary to do so, since if the court considers the delay to be valid and the evidence of the reason is sufficient for consideration, the likelihood of a positive decision will be significantly higher.

The panel of judges will be able to conduct a hearing even in the event of a controversial incident, for example, the impossibility of determining the exact starting date, the reasons for the impossibility of filing an application in accordance with the legislation of the Russian Federation. In this case, the plaintiff will need a competent lawyer who will find and present comprehensive facts in favor of the claim.

The panel of judges is also limited - the decision is made no later than 5 days from the date of registration of the claim (its filing), but if approved, the application in the civil case may still be rejected for clarification. That is why, before filing an appeal in a civil case, you will need to consult a lawyer; the claim will be considered on the same day that you received the document on consideration.

Validity period for filing a claim

Regulatory documents do not establish, and the courts do not verify, the period that has passed since the filing of the claim, with the exception of the period that has passed since the claim was sent by post. In other words, in order to fulfill the legislative requirement, the courts verify the plaintiff’s compliance with the mandatory claim (pre-trial) procedure, one of the signs of which is the expiration of the period from the date of filing the claim.

The concept of the validity period of a claim is absent in Russian legislation and judicial practice. However, this does not mean that the claim can be sent to court at any time after the claim is filed, since the period for filing a claim is limited by the statute of limitations. Thus, an application to the court can be sent at any time after the expiration of the period established by the legal act for filing a claim, but no later than before the expiration of the limitation period for the dispute.

Accuracy of filing a claim in court in a civil case

The judicial panel, having discovered inaccuracies and errors, leaves a statement of claim to correct all inconsistencies. Elimination of errors is a necessary step; in case of discrepancy, the statement of claim in a civil case will not be considered in court.

After registering a claim, the judicial panel calls all participants to clarify and collect additional information in order to establish the legality and fairness of the decision made.

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Special procedure for deadlines for disputes with authorities

Another important deadline for applying to the arbitration court is the time limit for applying to the arbitration court to challenge decisions, actions and inactions of government authorities.

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According to the APC, an interested person has the right to apply to the court to challenge decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees within three months from the day he became aware of a violation of his rights and freedoms .

Missing the specified three-month deadline for filing an application with the court is not a basis for the court to refuse to accept the application, but at the same time it is a basis for refusing to satisfy it.

In procedural law there are also other procedural arbitration deadlines:

Grounds for return of claim

The above circumstances for which the claim is sent back to the plaintiff are not the only grounds for this action. The arbitration court may return the statement of claim for other reasons. As a rule, such reasons are very significant and cannot be eliminated in the shortest possible time. For example, the basis for a return will be that the application was signed by a person who did not have the right to do so. Other circumstances will include, for example, violations of the established filing procedure, including failure to comply with the mandatory procedure for filing a claim. The arbitration tribunal must issue a ruling on its decision to return the application submitted with violations. This judicial act is sent to the plaintiff, after which he is given 15 days to appeal it. If no private complaint is filed during this period, the determination comes into force and the documents are sent to the submitter.

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Types of deadlines and how they are determined in arbitration court

The Civil Code of the Russian Federation distinguishes two types of limitation periods: general and special.

limitation period The general limitation period applies to all subjects of civil legal relations. As a general rule, the general limitation period applies to all types of claims, unless special limitation periods are established by law. Most civil legal relations fall under it.
Special limitation periods may be established by law for certain types of claims. In particular, the law may establish special limitation periods that are shorter or longer than the general period. The court does not have the right, on its own initiative, to apply the limitation period without a corresponding statement from a party to the dispute, or to invite the other party to declare that the limitation period has passed. Thus, if the quality of work under a work contract is of proper quality, a party can go to court within a year from the date of violation of the right (Part 1 of Article 725 of the Civil Code of the Russian Federation).

The period begins to run from the day when the plaintiff became aware of the non-compliance with his rights. For example, if a supply agreement was concluded between the parties, payment for which was not made on time, the statute of limitations begins to run from the moment of non-payment.