Determining a statute of limitations for taking litigatory action: trends in judicial practice

Authors

DOI:

https://doi.org/10.17308/law/1995-5502/2022/3/214-223

Keywords:

procedural period, administrative action, administrative procedure, uniformity of litigation practice, temporality

Abstract

The statute of limitations for litigation reflects the unique impact that time has within administrative and procedural legal relations. As a statute of limitations bears on litigation of both a material and procedural legal nature, the rules for determining the period of such a statute exhibit certain particularities. Correctly determining the time period inherent to a statute of limitations on taking litigatory action guarantees the proper resolution of a given legal and factual situation. It precludes the avoidance of civic liability that may arise from non-compliance with the administrative and procedural rules for determining said period. Ensuring the uniformity of judicial practice in the consideration of administrative cases is an element of legal certainty. It is implemented through the formation of uniform legal approaches regarding the rules for determining the time period of a statute of limitations. This article reflects the latest legal positions regarding judicial practice in issues of both the immediate time period of the statute of limitations for taking litigatory action to administrative responsibility and the determination of the starting and ending limits of said period.

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Author Biography

  • E. V. Beliakovich, Peoples' Friendship University of Russia

    Candidate of Legal Sciences, Judge of the Commercial Court of Central District, Degree-Seeking Student of the Law Institute

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Published

2022-11-22

Issue

Section

Administrative responsibility