Article 9 of the RF IC. Application of the limitation period in family relations (current version)

Today, time limits in family law are interpreted differently. In official sources, a term refers to a certain period of time, which is associated with the onset of any legal consequences.

In order to formulate this concept, you can use Article 190 of the Civil Code. In addition, the term in the system of legal norms refers to certain events. Today, family law in Russia differs significantly from the legislation of a number of other countries.

According to the law, terms in the system of legal norms can be determined:

• attitude towards any event or incident;
• date;
• after a certain period of time.

According to the law, the term in family law can be calculated:

• the concept of “immediately”;
• setting for a specific event;
• days;
• for years;
• for months;
• the concept of "immediately".

Important! In Russian family law there is no special institution of terms. The norms and rules of the articles that regulate family and legal relations contain certain terms in family law.

According to the law, terms in Russian family law differ in the following parameters:

1. goals;
2. degree of certainty;
3. ways of designation.

In order for family legal relations to have certainty, specific deadlines are provided. When does the countdown begin in Russian family law? As a rule, the course of the corresponding period begins after some event that determines its beginning.

Types of terms in family law

Time limits in Russian family law can be established:

• parties to family and legal relations;
• relevant law;
• court.

According to the law, terms in Russian family law are divided into the following categories:

• deadlines introduced for government agencies, associations, and institutions;
• terms in family law, before which the establishment of obligations and certain rights is prohibited.
• terms that regulate all property obligations and rights;
• deadlines for the fulfillment of any obligation by family members to establish rights.
• periods before the expiration of which the relevant family and legal acts cannot come into force.

If the period is calculated in months, then in this case it expires on a certain day of the next month . The one-year period expires in a specified month of the last year.

Article 9 of the RF IC. Application of the limitation period in family relations (current version)

1. Family law does not have its own definition of limitation period, therefore the concepts established in civil law are applied.

The limitation period in civil law is the period for protecting a violated right. The limitation period is widely used in civil law, and only in cases expressly provided for in the legislation, the limitation period does not apply. Other principles apply when protecting rights arising from marriage and family relationships. As follows from paragraph 1 of the commented article, the statute of limitations does not apply to claims arising from family relationships, except in cases provided for by the Code itself. Such cases include claims of spouses whose marriage has been dissolved for the division of common property, to which a three-year statute of limitations applies (clause 7 of Article 38 of the Family Code).

In addition, according to paragraph 3 of Art. 35 of the Family Code, a one-year period is provided for the claims of spouses whose rights are violated as a result of the fact that notarized consent was not obtained to carry out a transaction for the disposal of real estate and a transaction requiring notarization.

Finally, a one-year statute of limitations is provided for the claim of one of the spouses to have the marriage declared invalid in cases where the other spouse concealed the presence of a sexually transmitted disease or HIV infection (Clause 4 of Article 169 of the RF IC).

In other cases, there are no time limits for the protection of violated rights arising from family relationships, and each family member has the right to demand their protection at any time, regardless of the time when this right arose. The existence of such a rule is due to the ongoing and personal nature of family legal relations.

It should also be borne in mind that the RF IC (clause 2 of Article 107) has established a three-year period from the date of filing a lawsuit to collect alimony for the past period, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony was not received due to the evasion of the person obligated to pay alimony from paying it. However, the specified period cannot be considered as a limitation period.

It should be borne in mind that in family law, the limitation period also begins to run from the moment when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right (Article 200 of the Civil Code) . Thus, when filing a claim for the division of jointly acquired property, the limitation period will begin to run from the moment when one of the spouses learned about the existence of jointly acquired property, and not from the moment of divorce.

2. In paragraph 2 of the commented article, reference is made to Art. Art. 198 - 200 and 202 - 205 of the Civil Code of the Russian Federation, which can be used when applying the limitation period in family relations.

As follows from Art. 198 of the Civil Code of the Russian Federation, the limitation periods and the procedure for calculating them cannot be changed by agreement of the parties. In relation to family legal relations, we can talk about marriage contracts and agreements on the payment of alimony. In other words, they cannot include provisions that change the limitation periods and the procedure for their calculation.

In accordance with Art. 199 of the Civil Code of the Russian Federation, a claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period, however, the court applies the limitation period only upon the application of a party to the dispute made before the court makes a decision. The expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim. As noted above, the limitation period in family legal relations is used quite rarely. In addition to the cases mentioned in paragraph 1 of the commented article, we can talk about the application of the statute of limitations in case of violation of the terms of the marriage contract or alimony agreement.

You should pay attention to the changes made not so long ago to paragraph 1 of Art. 200 GK. According to this paragraph, at present, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

This provision also applies to disputes about the division of property between former spouses, when the statute of limitations begins to run not from the moment of divorce, but from the moment when one of the spouses learned about the concealment of property by the other spouse. In paragraph 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15 “On the application by courts of legislation when considering cases of divorce”, it was noted that the three-year limitation period for claims for the division of property that is the common joint property of spouses whose marriage is dissolved (Clause 7, Article 38 of the RF IC), should be calculated not from the time of termination of the marriage (the day of state registration of divorce in the civil registration book in case of divorce in the civil registry office, but in case of divorce in court - the day the decision entered into legal force), but from the day when the person learned or should have learned about the violation of his right (Clause 1 of Article 200 of the Civil Code of the Russian Federation).

In accordance with Art. 202 of the Civil Code of the Russian Federation, circumstances that impede the application for protection of a violated right and, in connection with this, suspend the limitation period, may be the following:

1) if the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure);

2) if the plaintiff or defendant is part of the Armed Forces of the Russian Federation, transferred to martial law;

3) if a deferment of fulfillment of obligations (moratorium) is established on the basis of law by the Government of the Russian Federation;

4) if the law or other legal act regulating the relevant relationship has been suspended.

The running of the limitation period is suspended provided that the above circumstances arose or continued to exist in the last six months of the limitation period, and if this period is six months or less than six months - during the limitation period. From the date of termination of the circumstance that served as the basis for the suspension of the limitation period, its period continues to run. The remaining part of the period is extended to six months, and if the limitation period is six months or less than six months - to the limitation period.

In paragraph 3 of Art. 202 of the Civil Code talks about a separate basis for suspending the limitation period when applying an out-of-court procedure for resolving disputes. We are not talking here about any procedures, but only about those provided for by federal laws (for example, Federal Law of July 27, 2010 N 193-FZ “On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)”). The introduction of such a rule is due to the fact that alternative methods of conflict resolution with the participation of third parties are currently becoming increasingly widespread. One of the most common methods is mediation.

Article 204 of the Civil Code of the Russian Federation determines that from the moment a claim is filed and throughout the entire time while the protection of the violated right is carried out, the statute of limitations does not run; If the court leaves the claim without consideration, then the limitation period is resumed in the remaining (unexpired) part, and if it is less than six months, then it is extended to this period, except for cases where the grounds for leaving the claim without consideration were the actions (inaction) of the plaintiff. Thus, in essence, we are talking about another basis for suspending the limitation period, which has certain specifics. If the court leaves without consideration a claim brought in a criminal case, the running of the limitation period that began before the filing of the claim is suspended until the verdict by which the claim was left without consideration enters into legal force (Part 2, Clause 2, Article 204 of the Civil Code).

A break in the limitation period means that the time that has elapsed before the occurrence of the circumstance that served as the basis for the break is not taken into account. After the break, the limitation period begins anew.

In Art. 203 of the Civil Code of the Russian Federation establishes one basis for interrupting the limitation period - the obligated person commits actions indicating recognition of the debt. Thus, at present, the only basis for interrupting the limitation period is the obligor’s performance of actions indicating recognition of the debt.

Comment source:

“ARTICLE-BY-ARTICLE COMMENTARY TO THE FAMILY CODE OF THE RUSSIAN FEDERATION” UPDATED

S.P. Grishaev, 2017

Limitation of actions

Important! Legal relations in Russian family law, as a rule, do not have specific time boundaries. Consequently, the limitation period does not regulate the requirements of family law relations. Participants in a relationship can protect their rights for an unlimited amount of time.

From the moment a human right is violated, the statute of limitations begins.

In what cases is it possible to terminate the limitation period:

1. termination of the relevant act;
2. in the event that it was impossible to predict in advance any unavoidable circumstance;
3. termination of the relevant law;
4. if the party has an appropriate extension;
5. if one of the parties serves in the RF Armed Forces.

The limitation period can only come into force under certain circumstances:

1. A period of one year is established for the spouse to be able to demand that the marriage in question be declared invalid. This is only possible if the spouse hid the presence of serious diseases that can be sexually transmitted (HIV, syphilis, etc.).
2. A period of one year so that the spouse can make a claim to have a certain transaction declared invalid . But only if the consent of the other spouse has not been obtained.
3. A period of three years for one of the spouses to make a claim for division of property.

The legislator prohibits changing the above-described deadlines by agreement of the parties. In order to correctly interpret the above rules, it is necessary to be guided by Articles 202–205.
According to the law, the general limitation period is 3 years. But the question is when the countdown of this period begins. In relation to the division of property, the limitation period begins to be calculated at the moment when the citizen learns of a violation of the right.

Consequently, the limitation period does not affect the requirements of family law (Article 9). That is, anyone can protect their family rights, regardless of various circumstances. The legislator established these standards because family relationships last a long time.

According to the law, there are a number of exceptions in Russian family law. They are contained in the Family Code.

Important! The court may consider a case regarding the violation of certain rights after the expiration of the so-called statute of limitations. The relevant case will be considered on its merits. That is, satisfaction of the claim brought by a party does not depend on the statute of limitations.

Stopping the running of the so-called statute of limitations is possible under the following circumstances:

• serious illness;
• illiteracy;
• filing a corresponding claim;
• helpless state;
• acknowledgment of any debt.

The limitation period is understood as the period for protecting the right under the claim of a person whose right has been violated (Article 195 of the Civil Code). During the limitation period, a person can defend a violated subjective right by force. The limitation period is widely applied in civil law to property legal relations and is necessary for their stability, strengthening contractual discipline, and in addition, stimulates participants in civil transactions to timely exercise their rights, and facilitates the establishment by courts of the objective truth in the case. In family law, the institution of limitation of actions is not given such importance. In paragraph 1 of Art. 9 of the Insurance Code establishes a general rule according to which the statute of limitations does not apply to claims arising from family relationships, except in cases where the Insurance Code itself establishes a period for protecting the violated right. The rule of non-extension of the limitation period to claims arising from family relations means that any violated right in the field of family legal relations can be protected in a lawsuit according to the rules of civil proceedings, regardless of the time that has elapsed since its violation. This is due to the fact that the field of family law is dominated by personal non-property rights that are of a continuing nature, the nature of which may require their protection at any time. Thus, participants in family relations are practically not limited by time frames when exercising the right to protection of violated family rights. Thus, the limitation period does not apply to: claims for divorce; demands for recognition of marriage as invalid; requirements to establish paternity; demands for recognition of the marriage contract as invalid; demands for the collection of alimony during the entire period of validity of the right to receive it, etc. Unlike the CoBS (Article 49), the Insurance Code does not establish a statute of limitations for filing claims to challenge paternity or maternity (Article 52). The limitation period for family relations applies only in strictly defined cases, namely when the deadlines for the protection of violated family rights are provided for in the insurance law itself. There are several such cases. Firstly, the one-year limitation period is provided for in paragraph 3 of Art. 35 of the IC for the demands of a spouse to invalidate a transaction, whose notarized consent to carry out a transaction for the disposal of real estate and a transaction requiring notarization and (or) registration was not received by the other spouse. The limitation period is calculated from the day when the spouse learned or should have learned about the completion of such a transaction. Secondly, the three-year limitation period is established in paragraph 7 of Art. 38 IC for claims of divorced spouses for the division of common property. Here, the limitation period begins from the day when the divorced spouse learned or should have learned about the violation of his rights to common property by the other spouse (clause 2 of article 9 of the IC, clause 1 of article 200 of the Civil Code). Thirdly, the one-year limitation period is established in paragraph 4 of Art. 169 of the IC (and it refers in turn to Article 15 of the IC and Article 181 of the Civil Code) for one of the spouses to present a demand for recognition of the marriage as invalid when the other spouse hid from him the presence of a venereal disease or HIV infection upon marriage. In such cases, the limitation period is calculated from the day when the plaintiff spouse learned or should have learned about the concealment of the illness by the defendant spouse, i.e., about the circumstances that give grounds to demand that the marriage be declared invalid (clause 2 of article 9 of the Family Code, clause 1 Article 200 Civil Code). In paragraph 2 of Art. 9 of the IC stipulates that if it is necessary to apply to family relations the rules establishing the limitation period, the court must be guided by the rules of Art. 198-200 and 202-205 Civil Code. From their contents, in particular, it follows that: the limitation periods and the procedure for calculating them cannot be changed by agreement of the parties (Article 198 of the Civil Code); a claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period, and the limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision (Article 199 of the Civil Code); the expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim (clause 2 of Article 199 of the Civil Code); The limitation period begins from the day when the person learned or should have learned about the violation of his right, unless otherwise provided by law (Article 200 of the Civil Code). Civil legislation allows for the suspension, interruption and restoration of the limitation period if there are necessary grounds for this. Suspension of the limitation period means that the limitation period does not include the period of time during which a person could not bring a claim in defense of his rights due to objective reasons (grounds) specified in the law. According to Art. 202 of the Civil Code, the limitation period is suspended: a) if the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure); b) if the plaintiff or defendant is part of the Armed Forces transferred to martial law; c) due to the deferment of fulfillment of obligations established on the basis of law by the Government of the Russian Federation (moratorium); d) due to the suspension of the law or other legal act regulating the relevant relationship. Moreover, the running of the limitation period is suspended provided that the circumstances listed above arose or continued to exist in the last six months of the limitation period. From the date of termination of the circumstance that served as the basis for the suspension, the limitation period continues to run. The remaining part of the period is extended to six months. The basis for interrupting the limitation period may be the filing of a claim in accordance with the established procedure or the performance by the obligated person of actions indicating recognition of the debt. After the break, the limitation period begins anew; the time elapsed before the break is not counted towards the new term (Article 203 of the Civil Code). If the claim is left by the court without consideration, then the running of the limitation period that began before the filing of the claim continues in the general manner (Article 204 of the Civil Code). Article 205 of the Civil Code provides for the restoration of the limitation period in exceptional cases when the court recognizes as valid the reason for missing the limitation period due to circumstances related to the personality of the plaintiff (serious illness, helpless condition, illiteracy, etc.). Reasons for missing the limitation period may be recognized as valid , if they occurred in the last six months of the statute of limitations. When restoring the limitation period, the court considers it necessary to protect the violated right, despite the plaintiff missing the limitation period. The above provisions of civil law on the limitation period are applied by the court to claims arising from family relations if the Insurance Code sets a period for protecting the violated right. It is necessary to distinguish preclusive (preclusive) periods from limitation periods, i.e. periods of existence in time of unviolated subjective family law (for example, the rights of parents to raise children and protect their rights and interests until they reach adulthood; the rights of minor children to receive alimony from parents, etc.). The fundamental difference between the limitation period and the pre-trial period is that after the expiration of the pre-trial period, the right provided for by the IC (for example, the right enshrined in paragraph 2 of Article 89 to collect alimony for her maintenance by the ex-wife from the ex-husband for three years from the date birth of a common child) can no longer be implemented under any conditions, while the statute of limitations can be suspended, interrupted or restored in the manner and cases established by the Civil Code. There are few restrictive periods in family law that provide the authorized person with a strictly defined time to exercise his right. In addition to those already mentioned, these include the provisions provided for in paragraph 2 of Art. 107 SK three-year period for collecting alimony for the past, i.e. the time preceding the appeal. court with an application for the collection of alimony. Moreover, alimony for the past is within a three-year period, in accordance with clause 2 of Art. 107 IC, can be recovered if: a) the court has established that before going to court, the authorized person took measures to obtain funds for maintenance; b) alimony was not received due to the obligated person’s evasion from paying it. In the literature on family law, the period for collecting alimony for the past period is sometimes referred to as the limitation period, which, in our opinion, does not agree with the legal essence and purpose of the limitation period. M.V. Antokolskaya correctly notes that this period is preemptive, since the collection of alimony beyond its limits is impossible. In family law, along with limitation periods and periods of existence of rights, other types of periods are established that are not the same in their legal essence, degree of certainty and purposes. Among them, there are periods of permissiveness (for example, the period for concluding and dissolving a marriage in the registry office - Articles 11, 19 of the IC), prohibitive (for example, a ban on the husband from initiating proceedings for divorce within a year after the birth of a child without the consent of his wife - Article 17 of the IC) and binding (for example, the obligation of the court, within three days from the date the decision enters into legal force, to send a decision to recognize the marriage as invalid or to deprive of parental rights to the registry office - Articles 27, 70 of the IC).

Control questions

1. Define family law. What relationships are regulated by family law? What are their features? 2. Name the main tasks of family law. 3. What is the specificity of the method of regulating family legal relations? 4. Give the concept of family in the sociological and legal sense. What functions does the family perform in society? 5. What do you understand by the principles of family law? Name them and expand on their content. 6. In what areas of the legislation of the Russian Federation, except for family law, is the principle of protection of the family, motherhood, paternity and childhood by the state established? 7. Name the forms of state support for families. In general, characterize the existing system of payment of state benefits to parents with minor children in the Russian Federation. 8. What are the goals, main directions and principles of state family policy in the Russian Federation? 9. Which bodies are the subjects of state family policy? 10. Give the concept of family legal relations. Describe their structure. 11. What types of family legal relations can you name? 12. What legal facts cause the emergence, change or termination of family legal relations? 13. Are all family relationships regulated by the rules of law, i.e. are they legal relations? What relationships between family members are outside the scope of family law? 14. Who can be the subject of family legal relations? What are the features of family legal relations? 15. What are kinship and property? What is their legal significance? 16. What principles for the implementation of family rights and the fulfillment of family responsibilities are formulated in the Family Code? 17. Name the sanctions (measures of influence) applied to participants in family legal relations for non-compliance with family legal norms. 18. Are any restrictions on the rights of citizens in family relationships allowed by law? If so, on what basis and to what extent? 19. What is the family law system? 20. Tell us about the development of family legislation in the Russian Federation. 21. List the sources of family law. 22. What is the principle of family legislation being under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation? What are the powers of the constituent entities of the Russian Federation to regulate family relations? 23. Can the norms of family legislation of the former USSR and the explanations for their application contained in the decisions of the Plenum of the Supreme Court of the USSR be applied? If yes, then on what basis and in what part? 24. What issues of family law, in accordance with the Family Code, fall within the competence of the Government of the Russian Federation? 25. Does family law regulate issues related to state registration of civil status acts? In connection with what, in your opinion, is there no section on state registration of civil status acts in the IC? 26. To what relationships between family members can civil law be applied? Under what conditions is this allowed? 27. List the grounds for applying civil legislation to family relations provided by the IC. 28. Give the concept of analogy of law. Reveal the grounds for applying the norms of family and (or) civil law to relations between family members by analogy. 29. Give the concept of analogy of law. In what cases can the rights and obligations of family members be determined based on the analogy of law? What principles should be used to guide this? 30. What are the grounds for applying international law to family relations? 31. Expand the principle of priority application of the rules of the international treaty of the Russian Federation to family relations. List the main international legal acts with the requirements of which the family legislation of the Russian Federation must be correlated (when answering, refer to paragraph 7 of the Main Directions of State Family Policy). 32. What international treaty of the Russian Federation regulates family relations involving citizens of the CIS countries? 33. What is the principle of free disposal by citizens of the Russian Federation of their family rights? 34. Expand the concept, meaning and forms of protection of family rights. 35. What bodies protect family rights? List the grounds for making decisions by the court in the field of family relations provided by the Investigative Committee. 36. In what ways are family rights protected? 37. In what cases are claims arising from family relations subject to the statute of limitations?

Recommended reading

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Tolstoy. M., 1998. S. 187-262. Danilin V.I., Reutov S.I. Legal facts in Soviet family law. Sverdlovsk, 1989. Darmodekhin S.V. On the issue of developing legislation in the Russian Federation on family policy // Family in Russia. 1996. No. 3-4. From 18-22. Darmodekhin S.V. Main directions of state family policy. M., 1996. Kashanina T.V., Kashanin A.V. Fundamentals of Russian law. 2nd ed. M., 2000. P. 516-518. Commentary on the Family Code of the Russian Federation / Rep. ed. I. M. Kuznetsova. 2nd ed. M., 2000. S. 16-50, 496-501. Commentary on the Family Code of the Russian Federation / Under general. ed. P. V. Krasheninnikov and P. I. Sedugina. 2nd ed. M., 2001. S. 15-46, 370-379. Korolev Yu. A. Assessing the effectiveness of norms in the sphere of family relations // Journal of Russian Law. 1998. No. 8. P. 85-94. Korolev Yu. A. Family as a subject of law // Journal of Russian Law. 2000. No. 10. P. 61-66. Kosova O. Yu. Subject of family law and family legislation // State and law. 2000. No. 7. P. 71-78. Kostrova N. M. Procedural rules for the proceedings of family cases in the Family Code of the Russian Federation // Journal of Russian Law. 2000. No. 3. P. 101-108. Kuznetsova I.M. Commentary on the legislation on civil registration. M., 2002. Lukov V. A. On the concept of familistic examination // Family in Russia. 1996. No. 3-4. pp. 22-36. Maleina M. N. Personal non-property rights of citizens: concept, implementation, protection. M., 2000. P. 8-56. Masevich M. G., Kuznetsova I. M., Marysheva N. I. New Family Code of the Russian Federation // Business and Law. 1996. No. 1. P. 21, 22. Matveev G.K. Soviet family law. M., 1985. S. 3-41. Meyer D.I. Russian civil law. Part 1 (according to the 1902 edition). M., 1997. P. 33, 34. Nesterova N. M. Family law: problems and development prospects (round table materials) // State and Law. 1999. No. 9. pp. 93-101. Nechaeva A. M. Some directions for the further development of marriage and family legislation // State and Law. 1994. No. 12. P. 65-71. Nechaeva A. M. Marriage, family, law. M., 1984. S. 74-80. Nechaeva A. M. Family and law. M., 1980. Nechaeva A. M. New Family Code // State and Law. 1996. No. 6. P. 56, 57. Nechaeva A. M. Family as an independent object of legal protection // State and law. 1996. No. 12. P. 99-107. Nechaeva A. M. Family law: problems and development prospects // State and law. 1999. No. 3. P. 69-75. Nechaeva A. M. Family law: Course of lectures. 2nd ed. M., 2001. P. 10-87. Nechaeva A. M. Family law as an independent branch // State and law at the turn of the century. M., 2001. P. 25-30. Papayan R. A. Christian roots of modern law. M., 2002. P. 90-111. Polyansky P. L. Domestic marriage and family legislation: from the Civil Registry Office of 1918 to the present day // Journal of Russian Law. 1997. No. 10. P. 126-134. Human rights: results of the century, trends, prospects / Ed. ed. E. A. Lukasheva. M., 2002. P. 76-106. Pchelintseva L.M. Workshop on family law. 4th ed., revised. and additional M., 2003. S. 1-18. Pchelintseva L. M. On family legislation of the constituent entities of the Russian Federation // Journal of Russian Law. 1998. No. 3. P. 30-37. Pchelintseva L. M. Commentary on the Family Code of the Russian Federation. 3rd ed., revised. and additional M., 2003. S. 1-55, 731-740. Pchelintseva L. M. Family law of Russia: A short training course. 2nd ed., revised. and additional, M., 2002. P. 1-45. Soviet family law / Ed. V. A. Ryasentseva. M., 1982. S. 3-63. Sedugin P.I. Federal Law “On Acts of Civil Status”: Commentary. M., 1998. Family Code of the Russian Federation. With article-by-article application of regulations and documents / Comp. L. M. Pchelintseva, S. V. Pchelintsev. 2nd ed. M., 2000. P. 70-134. Sinaisky V.I. Russian civil law. M., 2002. S. 483-545. 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Permit periods

Terms can last one or three months:

1. The first period of one month applies to divorce. After 1 month, one of the parties can submit an appropriate application for divorce. The above-described period is regulated by the third paragraph of the nineteenth article of the Insurance Code.
2. The second period of one month regulates the registration of marriage. This period is established for registering a marriage within the allotted period of time. After a month, the marriage is registered. This period is regulated by the first paragraph of the eleventh article of the Insurance Code.
3. A period of three months applies to the adoption of children by foreign persons. To carry out the transfer, the child must be on the so-called centralized register. This three-month period is regulated by the third paragraph of Article 124 of the Insurance Code.

Prohibitory terms

Terms can last six months and a year:

• A period that lasts one year applies to deprivation of parental rights . For one year after the decision of the relevant court, the prosecution is prohibited from adopting children. This period is regulated by Article 6.
• The one-year period applies to the birth of children. During the one-year period, the husband is prohibited from making a claim to have the marriage declared invalid. This period is regulated by the seventeenth article of the Insurance Code.

Calculation of the limitation period for family disputes

The Civil Code of the Russian Federation has established a number of rules for calculating the limitation period, which are also applicable to claims filed in cases of family legal relations.

1. The moment from which the limitation period begins to run. Clause 1 of Art. 200 of the Civil Code of the Russian Federation defines such a moment as the moment when a person became (or should have become) aware, firstly, of the fact of a violation of his right, and, secondly, of the person who is the proper defendant.
2. Procedure for suspending the limitation period. The grounds for this may be force majeure, as well as the use of non-judicial methods of resolving the dispute (Article 202 of the Civil Code of the Russian Federation). Suspension of a statute of limitations is an automatic operation: the suspended period resumes its course after the grounds for its occurrence no longer exist.
3. Procedure for interrupting the limitation period. The basis for this is the recognition of the debt by the debtor through actual actions (Article 203 of the Civil Code of the Russian Federation). If the debtor does not fulfill the obligation in full, the limitation period after partial fulfillment begins to be calculated anew.
4. Procedure for reinstating the statute of limitations. The court has the right to restore the statute of limitations if it is missed; the basis for this may be valid reasons that existed in the last 6 months of the statute of limitations, for example, the illness of the plaintiff (Article 205 of the Civil Code of the Russian Federation).

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Binding deadlines

These periods can last seven days and six months:

1. The seven-day period applies to the removal of children from dysfunctional parents. Within seven days, the relevant authorities must submit an application to the court. The period is regulated by the second paragraph of Article 77 of the Insurance Code.
2. A period of six months applies to the deprivation of parental rights of dysfunctional parents. After six months, the relevant authorities must file a lawsuit to deprive the dysfunctional parents of parental rights. This period is regulated by the second paragraph of Article 73 of the Insurance Code.

Characteristic features of the statute of limitations in family matters

Like the limitation period in civil cases, the limitation period in family cases has a number of characteristic features:

• the limitation period is regulated only by law and cannot be established or changed by a court decision or agreement of participants in legal relations (Article 198 of the Civil Code of the Russian Federation);
• the statute of limitations can only be applied at the request of the defendant (clause 2 of Article 199 of the Civil Code of the Russian Federation), but if the defendant, despite the expiration of the statute of limitations, does not object to satisfying the plaintiff’s demands, the claim cannot be refused on the grounds that the statute of limitations has passed.