Criteria for determining the beginning of the limitation period

the article is devoted to the analysis of criteria for determining the moment of the beginning of the limitation period, applied in legislation and judicial practice. The author analyzes the general criterion in the form of the plaintiff's awareness of the fact of violation of his rights, noting its insufficiency, which in certain situations led to the courts making unfair decisions to recognize the plaintiff as having missed the statute of limitations. The paper substantiates that, in this regard, the legislature and the courts have developed additional criteria on the basis of which the beginning of the limitation period is determined, namely, the identity of the defendant and the possibility of accurately determining the amount of the claims. The author substantiates that the tendency to develop new criteria for determining the beginning of the limitation period is due to the generalization of the general principle that the limitation period does not apply to persons who are unable to file a claim. The paper also contains comments and suggestions on the further development of the system of such criteria, noting the need to consolidate them at the level of law or clarifications from the Plenum of the Supreme Court of the Russian Federation.

limitation period, the criteria for the beginning of the limitation period, the subjective element of the limitation period, the beginning of the limitation period, the plaintiff's awareness, the non-application of the limitation period, the impossibility of filing a claim