When the rights of citizens or organizations are violated, the materials often go to court. To make a decision on the start of legal proceedings, it is worth considering such an important factor as the general limitation period - a certain time interval, after which a person is deprived of the opportunity to protect violated rights, i.e. the situation is a legal consequence. In this case, the application for the application of the deadlines is submitted by the party before the court decides.
There is an average interval, which is defined by law, - 3 years. The exact time depends on the category of the case being considered by the judicial authority.
It is also important to know how the gap is calculated correctly, what consequences its application entails, and what events do not have such a time limit.
By agreement of the parties, the general limitation period may be changed only upwards. Reducing this interval is prohibited. However, the law states that parties can only change the starting point of the limitation period before a decision is made. The agreement of the participants in the process to change the deadlines is invalid.
Financial disputes
Within three years from the moment when a person (individual or legal) could find out about the violation of his rights, it is possible to report this in the case of credit disputes. Most often, the plaintiff is a banking organization, the defendant is a citizen.
The calculation of dates can begin with the following points:
- From the last installment to pay the loan.
- Within 90 days from the day when the bank issued a request for full repayment of debt.
- In the event that an additional debt restructuring agreement has been signed, the countdown will begin on the day the documents are signed.
The limitation period for the debt will not be interrupted if the borrower does not communicate with representatives of the bank, does not sign contracts and has no other contacts with the credit institution.
If a citizen is required to pay a debt through a court after three years have elapsed, he has the right to petition for the limitation period. The court takes this fact into account, and in most cases decides in favor of the borrower.
If the expiration of the established time interval is not announced, the plaintiff's claims are usually satisfied.
Invalid or void transactions
Various transactions are often made between people and organizations. Unfortunately, they are not always legitimate. Total term statute of limitations invalidation of transactions also exists.
Here it is necessary to distinguish between void and disputable transactions. Insignificant by virtue of the circumstances in which they were concluded, may be invalidated without a court decision.
Disputable transactions have legal consequences for the parties, as well as carry initially unlawful motives. Non-compliance with the conditions of reality, such as:
- The legal capacity of the parties.
- Compliance of the transaction with the law.
- The will of the participants.
- Form of agreement provided by law.
The total limitation period is three years in the event of a claim by which a transaction must be declared invalid. The calculation of the time interval starts from the moment when the contract on the transaction has entered into force, as a rule, from the moment of signing. If the applicant is a person who does not appear in the documents, the statute of limitations may not exceed 10 years.
By agreement with the use of a threat (or violence), the interval during which a person can file a lawsuit is 12 months. The calculation of the statute of limitations begins on the day the termination of the above circumstances or from the moment when the victim received information (or should have received it) about the grounds giving the right to declare the transaction invalid.
Statute of limitations in labor disputes
In case of violation of the Labor Code of the Russian Federation in relation to an employee or organization, the parties often go to court to resolve disputes. The total limitation period is:
1. For the employer:
• for compensation for property damage - 1 year from the date of its discovery.
2. For the employee:
- salary requirement - the right to compensation is retained for the entire period of the employment contract;
- violations related to the illegality of dismissal - 1 month from the date of delivery of the order;
- other violations - 3 months from the moment when the employee received information (or should have received it) that his rights were violated.
It is worth noting some features here. The working population does not always know that any rights have been violated. If the employee believes that such an event takes place, he cannot know about it for sure until he receives confirmation from the relevant authorities. The employee of the enterprise has every reason to appeal to the Commission for the resolution of labor disputes, the Labor Inspectorate or other authorities, the resolution of which recognizes a violation of the Labor Code of the Russian Federation. Only then can an employee file a lawsuit, given the limitation period.
In respect of arrears in respect of wages, the plaintiff also has 3 months. This does not require confirmation by independent organizations. You can immediately go to court if the issue has not been resolved peacefully.
In this situation, the possibility of skipping the time intervals established to restore the rights of the plaintiff is excluded.
Family law
Between persons who have married, disputes may also arise that are resolved in court. The law does not provide for specific terms, with the exception of the following provisions:
• In the event that the marriage was with an HIV-infected person who did not warn the other party about the disease. The total limitation period is 1 year from the date when the spouse found out about this circumstance. During the specified time, the parties have the right to file a lawsuit in accordance with article 122 of the Criminal Code of the Russian Federation and demand damages (if necessary).
- When making a transaction with property, which requires the notarized consent of the second spouse, but it was not provided. The plaintiff may demand to invalidate the legal event within 1 year from the day when he learned about the fact of the transaction.
- Disputes regarding the division of real estate or other property can be resolved within three years from the moment they arise.
- Within the same period, it is possible to recover child support for the previous period, if it is established that there is evasion of payment of cash.
Administrative responsibility
The application of the limitation period is also true for administrative offenses. The time interval depends on the type of article for which the violation occurred. Each case has its own statute of limitations for committing an unlawful act:
1. The decision cannot be made after two months from the date of offenses in the following areas:
- Export control.
- Law on Inland Sea and Territorial Waters.
- Patent and antitrust laws.
- Currency Law and acts of bodies regulating currency transactions.
- Environmental protection and public health.
- Law on copyright and consumer law, trademarks and other provisions of the Code of Administrative Offenses of the Russian Federation.
During the limitation period, which is 1 year, the cases of persons who have committed the following offenses may be considered:
- Immigration.
- In the field of procurement.
- Industrial and fire safety.
- Against the procedure for managing and providing knowingly false data necessary for calculating an administrative fine.
- Demonstration Act and others.
Violation of the customs and budget legislation of the Russian Federation entails liability to which persons cannot be held after two years from the date of detection of the crime. In case of violation of the anti-corruption law, the total limitation period is six years.
Administrative liability for non-compliance with traffic rules cannot occur in respect of a person after 1 year from the moment when a violation was found. Receipts that are issued to the offender must be paid within 60 days, and a cassation appeal is filed within 10 days.
Criminal Code
There are also periods in the Criminal Code of the Russian Federation during which it is possible to prove guilty and sentence a person who has committed a criminal offense. However, the Criminal Code provides not only the inevitability of punishment (Article 10), but also the principle of humanism (Articles 11 and 12). The basis of these articles is not connivance, but a reduction in the social danger of the person who has violated the law.
The following paragraphs indicate the total statute of limitations for crimes:
- minor severity - 2 years;
- moderate severity - 6 years;
- for serious crimes - 10 years;
- for the most severe - 15 years.
In the event that criminal prosecution has not occurred over the entire period (from 2 to 15 years), and no evasion actions have been taken, a person cannot be found guilty.
Tax law
Legally, the dates when the parties can make claims to each other are also provided for in tax legislation.
The Inspectorate has the right to recalculate or accrue mandatory payments, and the taxpayer - to submit tax reports, withdraw it or make changes, as well as demand a return or offset of deductions. If any of the rights is not exercised, there is a tax violation, which is being considered in court.
The total limitation period is set within three years. The calculation of the interval begins after the reporting period during which the inspection or the taxpayer had to fulfill any obligations.
The decision in the case involves a fine. In case of non-fulfillment of the requirements, the tax inspectorate has the right to submit an application for recovery within six months from the end of the period when the document was to be executed.
The maximum limitation period and its suspension
For any category, there are general rules for the time interval during which a lawsuit is filed, and this period cannot be more than 10 years from the date of the offense. The exception is the provisions provided for by Federal Law No. 35 “On Countering Terrorism”.
Any citizen can demand restoration or protection of rights, regardless of whether the statute of limitations has expired. The court, upon the application of one of the parties regarding the application of the time interval, may refuse to satisfy the claim.
The limitation period for a loan agreement or other credit documents is calculated from the points indicated above. The time establishing a legal relationship should not exceed 10 years.
In the event that the actors have changed in the transaction, contract or obligation, the statute of limitations and its calculation do not change.
The suspension of this time interval occurs for various reasons:
- The occurrence of force majeure events that prevent the submission of a claim to the judiciary.
- Finding the plaintiff in the Armed Forces, which were transferred to martial law.
- Moratorium of the Government of the Russian Federation on repayment of obligations.
- Suspension of the law that governs the attitude of the parties in question.
For events that occurred within 6 months before the end of the time period, the total limitation period is equal to the interval established by law, and does not increase.
Break calculus
In the event that under an agreement there are obligations, and the person must fulfill them, but does not do so, the calculation of the statute of limitations begins. A break during this period occurs in connection with the actions committed by the debtor by which he actually recognizes his obligations. Next is the calculation of the term again. The time before this event does not count.
Skipping deadlines
Due to a serious illness or in the presence of other circumstances, a human rights time gap may be missed. If possible, to prove the existence of such events, the general limitation period is established from the moment the lawsuit is filed.
There are also main requirements presented by the plaintiff at the hearing, and additional. The law provides for the possibility, at the end of the statute of limitations of the basic requirements, to apply the same conditions to additional ones (penalties, fines, etc.).
Timing does not apply to the following events:
- Requirements for the issuance of funds from the accounts of the depositor.
- Non-property requirements of citizens.
- Claims for compensation for harm to life or health (only satisfied for the previous three years before filing an application with the court).
Relevant
Currently, the most popular is the time interval in relation to loans. Many lawyers, knowing what requirements the bank puts forward against debtors (which, incidentally, are often unlawful), refer to article 200 of the Civil Code of the Russian Federation. In the event that the borrower does not have the resources to repay the debt, he can protect himself with the help of this article, as well as apply for the application of statutes of limitations after those.
The defendant, who did not declare the end of the time interval, is called upon by the court to fulfill his obligations or imposes a sentence in the general manner, as if the statute of limitations has not yet expired. After the decision is made, no statements are accepted, even when appealed on appeal or cassation.
