Statute of Limitations in Russia

The general limitation period in Russia is three years under Article 196 of the Civil Code. It usually runs from the day the claimant learned, or should have learned, that his right was violated and who the proper defendant is. In most cases a claim cannot be brought more than ten years after the violation itself, whatever the claimant knew.

Attorney Elena Petrova checks limitation deadlines for clients abroad before any other step, because a missed period can end a case that is strong on the merits. This guide covers the main rules.

The Three-Year Rule and the Ten-Year Cap

Three years apply to most contractual and tort claims, loan repayment, recovery of property and unjust enrichment. The ten-year cap works as an outer boundary.

The court does not apply limitation on its own initiative. The defendant must raise it before the first-instance court issues its decision. If the defendant stays silent, the claim is heard on the merits even when the period has expired.

When the Clock Starts Running

For obligations with a fixed due date, the period starts when that date passes without payment. For obligations payable on demand, the period starts when the demand is made, subject to a grace period stated in it or given by law.

For payments in instalments, each instalment has its own period. A creditor can still recover recent payments even if older ones are time-barred. Claims by a new creditor after an assignment keep the original start date.

Pausing and Restarting the Period

Suspension pauses the clock, which then continues. Interruption resets it, and a new full period starts.

A signed reconciliation statement between companies is the most frequent basis for a restart. Individuals should keep written admissions of debt, such as letters asking for more time.

Claims Outside the General Rule

Some claims have no limitation. These include protection of personal non-property rights, claims of bank depositors for their deposits, and demands by an owner to remove an obstruction not linked to loss of possession. For compensation of harm to life and health, the claim itself is not barred, but payments are limited to the three years before filing.

Shorter periods exist for challenging a voidable transaction, which is one year, for property insurance claims and for defects in goods. Labour disputes follow separate short deadlines under the Labour Code.

Restoring a Missed Deadline

An individual may ask the court to restore a missed period if the reasons were personal: serious illness, helplessness or illiteracy. These reasons must arise in the last six months of the period. Companies and entrepreneurs cannot restore it.

Living abroad is not itself a ground. Courts expect a foreign claimant to have used a representative in Russia.

Cross-Border Claims and the Applicable Law

Under Russian conflict rules, limitation follows the law that governs the obligation itself. If a contract is subject to Californian law, a Russian court will apply the Californian period, not the Russian one. Parties cannot shorten or extend the period by agreement.

For a claim governed by Russian law, time spent on a case abroad does not always stop the Russian clock. File in the proper forum early.

Limitation Issues in Practice

Disputes often turn on the start date rather than the length. Claimants argue they learned of the violation later; defendants point to documents that show earlier knowledge. Collecting evidence of when you first knew is part of case preparation.

We calculate the period, look for grounds for suspension or interruption and, where the deadline is close, file quickly to stop the clock.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.