ON THE RELATIONSHIP BETWEEN LEGAL CONCEPTS INTERRUPTION AND TERMINATION OF THE LIMITATION PERIOD

Abstract

This paper is devoted to the research of the topical issue of theoretical and factual separation oflegal concepts of interruption of the statute of limitations and early termination of the statute of limitations. Thecommentary on the rule of Art. 264 of the Civil Code, according to which the statute of limitations is interruptedin case of any filing of a claim under the same requirements to the same defendant. Researchers' efforts to link theduration of a claim (statute of limitations) not to the substantive right to sue, but to the specifics of the process,which is incorrect, have also been criticized. In fact, the exercise of the right to judicial protection that arose afterthe violation may occur if the entitled person has applied to the court within the established (statute of limitations)period. In this case, the statute of limitations does not apply to the period of enforcement of the claim by the court,but only regulates the duration of the claim. The right to sue, as well as everything else, limited by the cut-offperiod, can be exercised only once, after which it is exhausted and has no further capacity to exercise. The currentlegislation does not contain such legal constructions that would allow to talk about the re-protection of the sameright after the process. The decision of the court on the merits of the dispute resolves the issue of protection andremoves the issue of re-dispute. Therefore, it is necessary to recognize the absence of the statute of limitations afterfiling and in the process of consideration of the claim. Thus, from each violation may arise only one right to sue, thecontent of which is a substantive claim. Since it has already been implemented, no other claim can arise, so therewill be no new statute of limitations. Thus, the proper filing of a lawsuit terminates the statute of limitations at therequest of a certain person of the same content and to the same debtor, and does not interrupt it.