In Russia, in order to ensure the efficient functioning of civil-law transactions and to protect the rights and lawful interests of the parties to such transactions, a reliable legal mechanism is required, the one capable of effectively regulating existing social relations, including those in the energy sector, and enabling parties to protect their rights and lawful interests. One such legal mechanism is the statute of limitations, which has found practical application in civil law and effectively protects the rights and interests of those whose rights have been infringed upon, through judicial remedies. The article examines the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the judicial law enforcement practice of courts of general jurisdiction and commercial courts concerning the limitation periods, the procedure for suspending and restoring the statute of limitations, and also analyzes the statute of limitations from both objective and subjective perspectives, as well as the burden of proving circumstances indicating the expiration of the statute of limitations, which is imposed on the plaintiff when filing a claim in court. The article analyzes Resolution of the Plenum of the Supreme Court of the Russian Federation No. 43 of September 29, 2015 (as amended on June 22, 2021 by No. 18) on Certain Issues Related to the Application of the Provisions of the Civil Code of the Russian Federation on the Statute of Limitations. It examines the institution of singular succession and the rights of the successor, for whom all procedural actions performed in the judicial proceedings prior to their intervention are binding, as well as whether it is necessary to re-submit a statute of limitations application or a motion to revive the statute of limitations. The statute of limitations on claims of public-law entities represented by authorized bodies is analyzed, and the statute of limitations is also examined as a binding term that cannot be altered by agreement of the parties.
Andrey A. Vlasov (Wed,) studied this question.