EXCLUSION OF STATE CLAIMS FROM THE SCOPE OF STATUTE OF LIMITATIONS RULES
Abstrak
The relevance of the study is determined by the adoption of the Constitutional Court of the Russian Federation Resolution No. 49-P of October 31, 2024, which established that No. limitation period applies to anti-corruption claims filed by prosecutors. The purpose of this work is to identify the theoretical foundations for excluding state claims from the scope of statute of limitations rules and to conduct a comparative legal analysis of this institution. The article examines problems of correlation between the principle of formal equality of private law subjects and the special position of the state as a participant in civil legal relations. Methods of comparative law, historicallegal and doctrinal analysis are used. The AngloSaxon maxim um tempus occurrit regi, the French concept of imprescriptibility of the public domain, and the practice of courts in the USA and Europe are examined. Conclusions: the exclusion of state claims from limitation periods is justified not by the identity of the owner, but by the special legal regime of property and the central position of certain bodies (primarily the prosecutor’s office) in the system of public interest protection.
Topik & Kata Kunci
Penulis (1)
KIRPICHEV A.E.
Akses Cepat
- Tahun Terbit
- 2026
- Sumber Database
- DOAJ
- DOI
- 10.5281/zenodo.18380500
- Akses
- Open Access ✓