Temporal features of the statute of limitations in the civil law of Ukraine

Abstract

This article explores scientific approaches to understanding the legal nature of time limits, analyzes theoretical approaches and normative regulation of the statute of limitations. Practical problems related to the boundaries of the statute of limitations are identified, and the procedure for calculating the time limits of the statute of limitations and their legal regulation according to the current civil legislation of Ukraine is determined. The statute of limitations is considered as a combination of temporal and «activity-based» aspects. Temporal features manifest that the object of the legal phenomenon is a certain period in time, while «activity-based» aspects involve the filing of a lawsuit or the commission (nonerformance) of other actions within the established period, which may result in the loss of the right to protection (the right to a lawsuit). It is noted that in the analysis of the statute of limitations and its application, it is important to establish a boundary between private and public law, evaluating the impact of the statute of limitations on certain actions or, conversely, the impact of these actions on the statute of limitations. This field should clearly define the limits of the statute of limitations, its structure, and criteria for distinguishing different types. Distinctions should be made between external and internal, subjective and objective boundaries. The statute of limitations, as a type of limitation in civil legal relations, is applied not only as a means of enforcing subjective rights by court decision but also to other methods of its enforced realization. It extends to the right to file a claim for the decision on protection in any form of its manifestation. Emphasis is placed on the effective legal protection of civil rights, which largely depends on clearly defined statutory time limits. Establishing such limits contributes to a more effective implementation of legal protection and guarantees the rights and freedoms of individuals and legal entities.