ТЕМПОРАЛЬНІ ХАРАКТЕРИСТИКИ МАТЕРІАЛЬНОГО ПРАВА НА ПОЗОВ

Abstract

This article is devoted to the research of the actual scientific question about the time limits of the realization of the subjective right of a person to judicial protection of his violated civil right. First of all, the author starts from the general rule that the secondary right – legal harassment is intended to obtain protection within the scope of the protective legal relationship. Such protection is provided at the expense of fulfilling the requirement of an authorized person in a compulsory manner. A limited period of time is established for the realization of the material right to a claim (harassment) – the statute of limitations. However, there are still disputes in legal science about the definition of this institution, its purpose and subject. The work criticizes certain provisions reproduced in journalism. A certain vagueness and non-specificity of the majority of wordings is indicated, which requires additional interpretation. It is emphasized that only claims that are part of protective legal relations can become statute-barred, only such claims can be extinguished during the statute of limitations. It is emphasized that the statutes of limitations given in the current Civil Code of Ukraine do not correspond to the actual state of affairs. Therefore, by means of a detailed analysis of the essence of the subject and delineation of the concepts of the right to sue in the material and procedural sense, the real content of the commented legal phenomenon is revealed. The work consistently proves that the subject of the statute of limitations cannot be the right to appeal to the court, since it is a procedural authority of a person. Not only is this authority not subject to statute of limitations, it does not depend on the person having a material right and its violation. The statute of limitations is also not a period for protecting the violated material right. It was concluded: the statute of limitations is the period of time during which a person has the opportunity to obtain such protection by filing a lawsuit in court. It is the time during which a person, on the condition that he commits a unilateral active action – filing a lawsuit, acquires the possibility of judicial protection of the violated subjective right. Therefore, the subject of the statute of limitations is the right of a person to receive judicial protection of his violated right. Such a right is also called a substantive right to a lawsuit or harassment, so harassment itself is a legally significant phenomenon, the term of which is limited by the statute of limitations.