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Decree of Plenum of Supreme Court of Russian Federation on Certain Questions Connected with the Application of Norms of the Civil Code of the Russian Federation on Limitation - Russia and the Republics Legal Materials - Second Series
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22317
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Originally from Russia and the Republics Legal Materials - Second Series
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For the purposes of ensuring the unity of practice of the application by courts of the provisions of the Civil Code of the Russian Federation on limitation, the Plenum of the Supreme Court of the Russian Federation, being guided by Article 126 of the Constitution of the Russian Federation and by Articles 2 and 5 of the Federal Constitutional Law of 5 February 2014, No. 3-ФКЗ, “On the Supreme Court of the Russian Federation”, decrees to give the following explanation:
Commencement of the Running of Period of Limitations
1. In accordance with Article 195 of the Civil Code of the Russian Federation, the period for the defense of the right with regard to the suit of a person whose right has been violated shall be deemed to be a period of limitation. Proceeding from the said norm, the subjective civil right of a concrete person should be understood as the right of a person subject to defense by a court.
Unless established otherwise by a law, the running of a period of limitations shall commence from the day when the person whose right was violated knew or should have known about the aggregate of the following circumstances: the violation of his right and who is the proper defendant with regard to a suit concerning the defense of this right (Article 200(1), Civil Code of the Russian Federation).
William E. Butler, Emeritus Professor of Comparative Law in the University of London, attached to University College London, is the John Edward Fowler Distinguished Professor of Law at the Dickinson School of Law, Pennsylvania State University, and Founder and Director of The Vinogradoff Institute.
An authority on the legal systems of Russia and former Soviet nations, he is the author, co-author, editor or translator of more than 3,500 books and articles on Russian, Soviet, Kazakhstan, Ukrainian, Uzbekistan, and other Commonwealth of Independent States legal systems. He has acted as Counsel to the EBRD, European Union, World Bank, United Nations, and Department for International Development of the United Kingdom on individual law reform projects.
The recipient of numerous honors for his service to Russian and international law, Professor Butler is Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences, Associate of the International Academy of Comparative Law, and Member of the Russian Academy of Legal Sciences. He has been elected to his fourth term as a member of the Russian International Court of Commercial Arbitration. In 2003 Professor Butler was awarded the G. I. Tunkin Medal by the Russian International Law Association.
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