RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of September 29, 2015 No. 43

About some questions connected using regulations of the Civil code of the Russian Federation about limitation period

For the purpose of ensuring unity of practice of application by courts of regulations of the Civil code of the Russian Federation on limitation period the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

Beginning of current of term of limitation period

1. According to Article 195 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) limitation period term for protection of the right in the claim of person which right is violated is recognized. Proceeding from the specified regulation it is necessary to understand the subjective civil law of the particular person as the right of person which is subject to protection by court.

If other is not established by the law, the current of term of limitation period begins from the date of when person whose right is violated learned or owed learn about set of the following circumstances: about violation of the right and about the one who is proper defendant in the claim for protection of this right (Item 1 of article 200 Civil Code of the Russian Federation).

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