CERTAIN PROBLEMATIC ISSUES OF REGULATORY ADJUSTMENT OF THE PROCEDURE FOR CALCULATING THE LIMITATION PERIOD

Abstract

This paper is devoted to the research of the topical issue of the validity and adequacy of existing methods of special calculation of the duration of claims in the context of the essence of such a legal phenomenon as statute of limitations. In this context, the moratorium is assessed as provided for in Part 2) of Art. 263 CCU method of deferral of performance. Based on a careful study of the possible impact of the moratorium on the possibility of filing a lawsuit, its consideration or execution of a court decision, the author concluded that in the normative form it can not in this form act as a legal basis for suspension. According to its legal idea, the moratorium should establish a ban on the performance (including coercion) of such an obligation and affect not the state of the civil relationship itself, but the possibility of its implementation. That is, it is not a postponement of a duty, but a prohibition to perform certain activities. And if so, the suspension of the statute of limitations in the event of suspension of the law or other normative legal act governing the relevant relations, is already regulated by paragraph 3 of Part 1 of Art. 263 of the CCU, so there is unjustified duplication of legislative rules. The paper also highlights the state of the problem with the interruption of the statute of limitations due to the recognition of the debt by the debtor. Particular attention is paid to such a way of fixing the existing debt, as the conclusion of an agreement on new terms on the terms of performance on the application to the creditor for deferral of debt. It has been established that this is a postponement of an already overdue obligation, according to the requirements of which the statute of limitations began but did not end. This transaction is usually classified as a kind of action of the debtor, which indicates the recognition of the debt, and from the moment of its conclusion, it is proposed to calculate the new long-standing course. However, it was found that such a construction contradicts the actual nature of the commented relations. After all, such an agreement is a restructuring of the security (violated) duty, but the implementation (including – compulsory) can not yet take place.