Legal persons may lose the right to recover the statute of limitations

The project is proposed to legalize the range of persons who can (with good reason) qualify for legal protection of their rights after the expiry of the limitation period. It is also proposed to establish an indicative list of valid reasons. People's Deputy of Regions Oleksandr Feldman filed a bill in Parliament 2610a number of amendments to the Civil Code regarding st.267 clarify the reasons for the reduction of the limitation period.

It is proposed to establish that, in exceptional cases where the court recognizes as valid reasons for missing the statute of limitations on the circumstances related to the personality of the plaintiff (serious illness, helpless condition, etc.) violated a citizen's right to be protected. That is, the right to recover the statute of limitations is offered exclusively for citizens to leave. Legal persons will be deprived of this right. The current version of this article does not imply at least a rough list of valid reasons for missing the statute of limitations and other restrictions recoverability of limitations. Defining the issue of good cause skipping of limitations related to the discretion of the court. 

As assures deputy legal uncertainty on this issue often leads to abuses in practice by the parties to the dispute, as well as individual judges and, as a consequence, the provision of judicial protection of persons who have no right to do so in connection with the expiration of the statute of limitations - than actually leveled the essence the institution of the period.

In the case of the bill Feldman predicts not only reduce opportunities for abuse of the right of recovery of limitations actors of civil and economic relations, but also the elimination of grounds committing corruption on the part of the judiciary. In addition, reducing the burden on the court system due to the reduction in the number of cases that are considered by the reduction of the statute of limitations.