The 3-Year Rule: Limitation Traps to Avoid

In Russian civil and commercial disputes the general limitation period is three years. It runs from the day the claimant learned, or should have learned, of the violation and of who the proper defendant is. Claims filed later are not rejected automatically, but the defendant only has to raise the objection before the first-instance judgment, and the court will dismiss the claim.

Attorney Elena Petrova sees foreign clients lose good claims to this rule more often than to weak evidence. Below are the points where the count usually goes wrong.

How the General Period Works

The Civil Code sets three years as the default and an outer limit of ten years from the day the right was violated, whatever the claimant knew. Special periods override the default. Challenging a voidable transaction takes one year. Claims over the quality of work under a construction or service contract, carriage claims and several insurance claims have their own shorter periods.

The court does not apply limitation on its own initiative. A defendant who stays silent or does not appear loses the defence. Once raised, however, expiry is enough ground for dismissal without examining the merits.

When the Clock Actually Starts

Most mistakes concern the start date, not the length.

"Should have learned" is judged objectively. If a report showing the loss sat in your inbox, the court may count from the date it arrived, not from the day you read it.

Acknowledgment and Interruption

The period is interrupted when the debtor performs acts that acknowledge the debt. After interruption the full three years start again. Typical acts include a signed reconciliation statement, a letter asking for deferral, or partial payment that clearly refers to the debt as a whole.

Not every act counts. The Supreme Court's plenary guidance on limitation says partial payment alone does not acknowledge the rest of the debt unless the debtor states otherwise. A reconciliation statement signed by an employee without authority may also fail. Collect acknowledgments signed by the director or an authorised person.

After the period expires, a written acknowledgment starts a new period. An oral promise does not.

Suspension During Pre-Trial Steps

When the law or the contract requires a pre-trial claim, the period is suspended while that procedure runs. For commercial disputes the default claim procedure lasts thirty days. Mediation agreed in writing also suspends the count.

Keep proof of when the claim was sent and received. Without it, the suspension cannot be shown.

Claims in Corporate Disputes

Corporate claims carry their own periods and start rules. A shareholder challenging a general meeting resolution has six months from the day they learned of it, and in any case no more than two years from when the information became generally available. A company challenging a major transaction has one year.

When a company sues its former director for losses, the period generally runs from when the company, acting through a director not connected to the wrongdoer, learned of the violation. A new director therefore does not automatically restart the clock.

Five Traps Summarised

1. Counting from the contract date instead of the due date.
2. Assuming a partial payment revived the whole debt.
3. Relying on a reconciliation statement signed without authority.
4. Forgetting that special short periods override three years.
5. Filing late in the hope that the defendant will not object.

Getting the Dates Checked

Send the contract, payment history and correspondence. We will calculate the period for each claim and tell you how much time remains.

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