Statute of limitations - the period of time that has elapsed since the moment of occurrence of a legal fact , the expiration of which may lead to the occurrence, change or termination of legal consequences. For example, the right to file a lawsuit ( limitation period ), to enforce a court decision, arbitration ( limitation period ) may be lost, exemption from criminal liability or criminal punishment.
Content
Prescription in Public Law
In public law, the establishment of statutes of limitations is associated with the presumption of loss of public harm by the offense itself or by the offender after a long time has passed since the offense was committed [1] .
Due to the expiration of the statute of limitations, exemption from various types of liability is possible: disciplinary , administrative , criminal .
The statute of limitations does not apply to persons who have committed war crimes and crimes against humanity [2] .
Prescription in Private Law
In private law , the statute of limitations is mainly related to the loss of a person’s right to file a claim for protection of the right. Until this period has expired, a person has the right to enforce his right to protection. After its expiration, the opposite side of the legal relationship has the right to refer to statute of limitations as a basis for refusing a lawsuit.
The use of limitation in private law is associated with the need to ensure the stability of property legal relations, to stimulate compliance with contractual obligations, and the timely implementation by participants of legal relations of their rights. The limitation also aims to ensure that the court can establish the real circumstances of the case when considering a statement of claim [1] .
See also
- Limitation of actions
- Statute of limitations in criminal law
Notes
- ↑ 1 2 Vitruk N.V. The general theory of legal responsibility. - 2nd ed., Revised and ext. - M .: Norma, 2009 .-- 432 p.
- ↑ European Convention on the Non-Applicability of Statutory Limitations to Crimes against Humanity and War Crimes (1974); Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (1968).
Literature
- Verblovsky G.L. Prescription // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.
- Prescription / Ring M.P. // Gogol - Debit. - M .: Soviet Encyclopedia, 1972. - (The Great Soviet Encyclopedia : [in 30 vol.] / Ch. Ed. A. M. Prokhorov ; 1969-1978, vol. 7).
- Engelman I.E. On Prescription in Russian Civil Law . - 4th ed. - M .: Statute, 2003 .-- 511 p. - (Classics of Russian civil law). - 3,000 copies. - ISBN 5-8354-0141-8 .