THE PERIOD OF VALIDITY OF A PERSON'S RIGHT TO PROTECTION OF HIS CIVIL RIGHTS. THEORETICAL ASPECTS.

Abstract

This article is devoted to the research of the topical issue of the characteristics of such a substantive legal institution as the statute of limitations in relations governed by private law. A comparative analysis of legal mechanisms that mediate the order and time of occurrence of a person's right to sue, and the time of its occurrence. After all, the issue of timely exercise of subjective law is very important in society. It is established that after the expiration of the statute of limitations, the substantive law cannot be enforced, but it, without ceasing in content, acquires the so-called "natural" nature. But in such circumstances, the question arises: how long will there be a protection obligation that constitutes the content of such a relationship? From the methodological point of view, the work substantiates the thesis that with the expiration of the statute of limitations the regulatory right is terminated and thus the subject of protection itself is terminated. In fact, it is not. It is emphasized that the term is a necessary and integral element of the content of substantive civil law, the certainty in this regard will also provide certainty in the application of the necessary legal protection tools. It is emphasized that the legal analysis of the commented temporal coordinates should be carried out not within the limits of the existence of the protected (regulatory) right, but within the limits of the protective one, that is, of what arose as a result of the offense. After all, the modern development of civil doctrine allows us to conclude that subjective substantive law is realized within the regulatory legal relationship, and in case of violation of the latter there is a

new separate protective obligation, within which the protection is carried out, in particular, through claims. At the same time, it is obvious that coercive property does not exhaust the protective property of the law. In most cases of non-judicial remedies, the law does not restrict the creditor's use of such remedies over time. That is, the right to exercise the protection authority, which is part of the relevant protection obligation, exists for the duration of the law itself, except when the law explicitly establishes a special period of its validity. The violated substantive law after the expiration of the statute of limitations does not remain completely unprotected, although the degree of its protection is somewhat reduced.