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The article substantiates the procedural and legal nature of the limitation period, due to the possibility of the defendant to defend himself against the claim. The author concludes that the presence or absence of the need for procedural activities to consider the claim depends on the will of the defendant (application) and the application of the statute of limitations by the court. As a general rule, the issue of the application of the limitation period should be decided before the trial and formalized by a court ruling. A court ruling is not required.

Procedural and legal issues of the application of the limitation period