Today it remains to be seen what requests and cases the statute of limitations does not apply. In fact, everything is not as difficult as it seems. This issue is clearly regulated by laws established in Russia. Only not everyone knows about them. Of course, everywhere has its own characteristics and nuances. You will have to find out about them too. Only then will it be possible to fully realize how much the statute of limitations for a particular case is. Indeed, in this case, it will be possible to know about the restrictions regarding the protection of their legal rights and interests.
Definition
The limitation period applies to claims of various types. But at the same time, not everyone understands what kind of concept is involved. What is the limitation period? What period of time does this term mean?
By limitation of actions it is customary to understand the time that is allotted to a citizen to present his claims on certain issues. Once it ends, going to court does not make sense. The case will not be brought. That is why it is important to know the laws established in Russia.
In outline
Claims that are not covered by the statute of limitations can be listed without any particular problems. Just look at the Civil Code of the Russian Federation. In it, in article 208, a clear list of cases is prescribed in which a citizen is in no way limited in time for submitting complaints and claims.
At the moment, the statute of limitations does not take place in Russia in the following situations:
- When it comes to bank deposits. Refunds and all claims regarding this issue have no time limits.
- Non- material issues and intangible goods. Such disputes can be resolved at any time at the request of the plaintiff.
- Compensation for damage to life or health. But this item has some features. About them a little later.
- Any lawsuits from property owners. An exception is violations that led to the loss of property rights.
The limitation period does not apply to the above items. Each situation should be considered separately. After all, everywhere has its own characteristics that can bring a lot of problems to citizens.
Without property
So, the first point in the issue under study is non-property disputes. They, as already mentioned, are resolved at any time. That is, according to the statement of the victim. Statute of limitations does not apply to non-property matters.
What can be attributed to them? What matters are in this category? In Russia, the following items are distinguished:
- life and health;
- honour and dignity;
- inviolability of personal life and home;
- family secrets;
- personal integrity (not to be confused with personal life);
- freedom of movement and choice of place of residence;
- name of person;
- copyrights.
Accordingly, all these rights and freedoms were given to a person at birth. Nobody can take them away. Not transmitted in any way. Therefore, citizens are able at any time to file a claim for violation of the previously listed rights and freedoms.
Copyright
Special attention is required to copyright. After all, not everyone understands what is attributed to this component of intangible disputes.
At the moment, authorship means:
- publication rights;
- reputation of the author;
- copyright in principle.
Legal disclaimers
The limitation period does not apply to the previously listed items. But before you go to court, you need to pay attention to some nuances. The fact is that citizens may not take into account one important reservation. She will bring a lot of problems when filing a lawsuit.
What is it about? There is a phrase that sounds like "unless otherwise provided by law." This means that some disputes will nevertheless have a limitation period.
This issue is being solved on an individual basis. Attention should be paid to each case. For example, labor relations. They can be attributed to non-property rights. From all the foregoing, it follows that these are requirements to which the limitation period does not apply.
Only at the same time, labor relations are regulated by the Labor Code of the Russian Federation. And the Supreme Court recognized that cases related to this component, despite their non-property nature, will have a time limit for going to court to protect their rights and freedoms. For example, dismissal issues can be resolved within 30 days, and all other violations - within 3 months from the date of their detection.
Banking affairs
The next item is banking issues. The limitation period does not apply to cases related to the return of deposits. And this applies to any claims of citizens. What does it mean?
For example, a person wants to return interest on a deposit. This claim, it would seem, to deposits has no significant relationship. But this is not so. In Russia, this issue is recognized as secondary. In the sense that it is usually not the main one. The guiding question in this case is anyway the return of money on a deposit. Therefore, claims regarding the collection of interest will not have limitation. But the features that every citizen should take into account do not end there.
Harm to life and health
Do the statute of limitations apply to compensation for harm to human health / life? This has already been said - no. It is important to be aware of one limitation that is often forgotten.
The fact is that you can file a claim for damages caused to human life or health at any time. But damage will be recovered only for the last 3 years. The countdown begins after the filing of the claim.
Accordingly, if the damage was caused for 5 years, then only 36 months will go "offset". And the latter. It is such a restriction that is legal. For the entire period of time, in this case, compensation will not work.
As owner
What requirements does limitation apply? All components have been listed previously. But each item has its own characteristics. Quite often in Russia there are claims from the owners. As they have already been emphasized, there are no restrictions on bringing a claim against them.
Only negative complaints are taken into account. What it is? A negative claim is submitted by a statement from the owner expressing the presence of interference caused by other persons or organizations. They should interfere with the full use of property.
As practice shows, the claims of the owners of shares are most common here. For example, when one person cannot get into the apartment due to the fact that the second owner has changed the locks on the door and refuses to give out the key.
Accordingly, complaints of this kind may be presented at any time. Only if it is necessary to compensate the damage from the offense, then it can be returned only for the last 3 years.
Family code
Does the statute of limitations apply to family relationships? This question interests many. After all, it is not always clear how quickly it is necessary to sue in a particular case. Family disputes are something that often happens in practice.
In fact, the statutory limitation period is not provided for in the RF IC. But there are certain situations that still have time limits for filing a claim.
What cases are we talking about? According to the law in Russia, the limitation period applies to claims related to family relations only in the following situations:
- In matters of transactions with joint property. A spouse who disagrees with the process may declare the action illegal for a year. The countdown begins after the person has learned about the transaction.
- Alimentary Disputes. You can recover funds only in the last 36 months. And nothing more. But a citizen is able to file a lawsuit at any time.
- Property division. After the divorce, 3 years are given to this process. The countdown begins not from the date of divorce, but when one spouse has violated the rights of another.
These are the rules that apply in Russia in 2016. Now it’s clear what requirements are put forward by Russian legislation. The statute of limitations applies to family disputes only in certain cases. Otherwise, spouses and relatives have every right to file a claim at any time.
Established restrictions
Nevertheless, one should also study the established limitation period for certain cases. Only then will it be possible to soberly assess the situation and figure out how legitimate the claims are.
At the moment, the limitation period applies to requirements:
- In relation to property insurance contracts. It is 2 years from the date of violation.
- Cases related to the contract. To resolve the situation 1 year is allotted.
- If preferential rights to purchase real estate are affected. An appeal is possible for 3 months.
These are special time limits for making claims. For the remaining cases, the statute of limitations will be 3 years. In some situations, there are exceptions. It is necessary to pay attention to them.
Circumvention of the law
If the statute of limitations has come to an end, the citizen loses the opportunity to file a complaint. That's what many people think. In fact, the situation in judicial practice is a little different. Victims can still go to court with claims. It is recommended simply not to say that the statute of limitations has come to an end. Then the meeting will be held legally. And the decision will also be made by law. There are no violations in such a trick.
Also, the legislation of the Russian Federation allows in some situations to ignore the limitation period, which is 36 months. It is this practice that is most common. Therefore, you should not think that after the expiration of these periods it makes no sense to go to court.
Conclusion
From now on, it is clear what requirements the statute of limitations does not apply. In fact, this issue should not cause serious problems. After all, as already mentioned, quite often the established restrictions are ignored.
In any case, if human rights are violated, you need to report this as soon as possible. Otherwise, you can never achieve justice. Therefore, it is recommended to send a claim to one or another court as soon as possible. Then you can not think about the limitation period in principle. This information is important, rather, for those to whom claims will be made. Now it’s clear what the limitation period applies to. A lawsuit with a claim is recommended to be filed immediately after the violation is discovered.