In legal science, the term "limitation period" exists. This phrase refers to the period before the expiration of which an individual or legal entity has the opportunity to protect their rights. Is the passage of the statute of limitations terrifying if a citizen has a desire to assert his rights in court?
The consequences of missing the statute of limitations
According to the norms of Chapter 12 of the Civil Code of the Russian Federation, the standard limitation period is 3 years from the day when a person became aware or could become aware of a violation of his right. So, an individual for some reason decided to defend his right three and a half years after the incident. Of course, the lawsuit will be accepted in the court, the judge will be appointed. Then there may be two completely opposite situations:
- Nobody claims to miss the statute of limitations, so the case is considered as if this fact did not exist.
- The party of the defendant draws attention to the fact of missing all the deadlines established by law. In this case, the consideration of the issue is essentially suspended until the time when the limitation period may be restored.
Restoration of the limitation period
Yes, you can do it! AT article 205 The Civil Code of the Russian Federation indicates that the judicial authority may recognize as valid the reason for missing the deadline for submitting an application for the protection of personal rights. In principle, cases of missing statute of limitations are rare. Basically, people decide to defend their interests in a short time after they learn about the fact of violation. If the person has not filed application to court on time, this happens mainly due to the inability to take action at the moment.
General concept of the recovery process
In order to restore the missed limitation period, you must go to court. A separate statement of claim must be made, stating the reasons for missing the deadlines established by law for filing an application. In fact, it turns out separate trial, which precedes the consideration of the main issue in essence.
Filing a statement of claim with a request to restore the limitation period, the plaintiff can never be sure of a positive court decision on its issue. Why? Analyzing the norms of Art. 205 of the Civil Code of the Russian Federation, we see that the list of events is not clearly indicated there, in the presence of which the plaintiff could not file an application with the court. Of course, we will see a mention of certain life situations, but if you deeply analyze these points, you can understand that everything indicated in the article is relative. Each court decision regarding the statute of limitations is subjective and in fact dependent on the goodwill of the judge.
What is said in article 205 of the Civil Code of the Russian Federation?
Firstly, it is indicated that the court can grant a request for an extension of the limitation period in exceptional cases. It is this rule that gives judges the right to often refuse plaintiffs. What cases are provided for in this article? Illness, grave and helpless state, illiteracy and others. Agree that the list of possible reasons for missing the deadline is far from complete, and not very clear. For example, illiteracy. A person who does not know the letters in adulthood will not learn in a few years. He is unlikely to be officially working somewhere or owning private property.Nowadays, there are very rare people who cannot even sign, so relying on illiteracy as a good reason for missing a deadline for submitting a statement of claim is hardly logical.
Statute of limitations in civil law
We must say right away that it is absolutely realistic to restore the statute of limitations in civil cases. Article 11 part 1 of the Civil Code of the Russian Federation indicates that individuals and legal entities have the right to protect their violated rights and restore justice. For this, the judicial authorities work, the task of which is to make fair decisions. To make the right decision, the court must provide objective and real evidence, documents, etc. This applies to both individuals and legal entities.
In any social process (meaning not only judicial review, but the life of society as a whole), there are certain restrictions. In legal practice, such limitation is the limitation period. After the expiration of the limitation period, the person or organization loses the right to judicial protection of their rights in a particular case. If we talk about the most legal process no one withdraws the right to file a claim even after a limitation period. Unlike foreign legislation, the Civil Code of the Russian Federation states that the court must accept any claim for consideration. The statute of limitations enters into force only if the party to the defendant expressly solicits a deadline in court.
Statute of limitations for legal entities
The law states that in our country everyone is equal before the law. But it turns out that there are some differences. For example, for legal entities and individuals - private entrepreneurs restoration of the limitation period is not provided. Is this fair? In relation to legal entities - absolutely. Analyzing the objective reasons for the restoration of the statute of limitations, we can understand that the disease, serious financial condition, etc. it is difficult to apply to legal entities.
A legal entity is a company or organization where at least a few people work. Suppose a director was on sick leave or on vacation at the time of some violation in relation to the company. But there always remains a deputy or just a person who is entrusted with the duties of a senior. That is why it is impossible to prove the existence of a valid reason for the court to have grounds for restoring the limitation period.
This is a little unfair for entrepreneurs, because in fact they are ordinary people who work for themselves. They can also get sick, do not immediately find out about the violation of their rights or causing harm to them. Equalization of entrepreneurs in this matter with legal entities should be considered one of the errors in the legislation that needs to be corrected.
Procedural Dates in Labor Law
In labor law, the term "limitation period" does not occur. But the essence that is implied by this term, of course, is. For example, article 392 of the Labor Code of the Russian Federation establishes the deadlines by which an individual can apply to the court to resolve an individual labor dispute. It sounds different, but the essence is the same!
The legislator believes that employees who are confident in the illegality of their own dismissal or imposing liability on them can file a lawsuit in up to 3 months. Many lawyers are sure that this is very little. Why? The practice of restoring limitation periods shows that the courts do not always meet the plaintiffs.
How are such terms beneficial for employers?
Such terms are beneficial to employers, because immediately after the dismissal of an employee, they take a new person in his place. Suppose a dismissed employee filed a lawsuit 3 months and one day after the order of dismissal was issued.The company will definitely remind the judge of the missed deadline, because after the restoration of the former employee, the newly hired person will have to be fired. It is clear that this dismissal will be absolutely illegal, and the company is awaiting yet another trial. Who needs this?
Recovery limitation period for labor disputes allowed by the rules of Art. 392 of the Labor Code of the Russian Federation. By analogy with the same process in civil law, the plaintiff must prove that he had a really good reason for missing the deadline.
The practice of restoring the limitation period
Children who were brought up in a boarding school up to the age of 23 have orphan status. In this category of children, mother and father are mostly not alive. After the death of parents, sometimes there are large land plots for which documents are not fully executed. Of course, when the children are in a boarding school, they cannot file a lawsuit because of their minority. After they are 18 years old, they begin to deal with the issue of the land, although the lawyers of the boarding schools must solve all problems at once. It is clear that the court will consider the reasons for the restoration of the limitation period to be valid. After the adoption of this court decision, the children prepare new lawsuits and solve all their problems with the land.
This example clearly shows how important it is to restore the statute of limitations. A person should always have a chance to restore his rights to property or to other benefits, for example, to work.
Related claims
Here are some examples of claims to make it clear: the restoration of the limitation period is possible. For example, the application will be from the civil law industry.
To Kulundinsky District Court
Altai Territory
Claimant: Name, patronymic, address
Statement on the restoration of the limitation period
I, full name, appealed as the plaintiff in the case of collecting illegally accrued debt for public services from me. The fact is that I have not been in the city for a long time, since I officially live in Moscow. In the city ... I have an apartment in private ownership, personal accounts are drawn up for me. I arrived in the city ... three months ago. Immediately I turned to utilities to make sure that I have no debts for utilities. But it turned out that I was illegally billed a debt for heating. I filed a lawsuit against the utility company, but the court rejected the lawsuit at the request of the defendant due to the fact that claims were brought three and a half years ago.
I did not sign any official notifications of debt, since I have never been in the city over the years. Supporting documents that I did not have time to come to the city because of the constant business trips abroad are attached.
Based on the foregoing
I BEG:
- To extend the period for the possibility of appealing the illegally accrued debt to me for a time sufficient to file a lawsuit in court.
Application:
- Documents confirming that I did not take a vacation during this time.
- Documents confirming that I often go on business trips abroad.
So we examined how to restore the statute of limitations. Judicial practice on this phenomenon is quite wide.
Conclusion
Restoring the statute of limitations is often justified. In our state, always in the first place should be the protection of human rights from illegal encroachments of various persons and organizations. In the statement of claim it is very important to correctly give reasons for restoring the limitation period.
