Legal issues of implementation and protection of civil law in case of violation. Temporal aspect

This scientific article is devoted to the study of the topical issue of temporal dimensions of a person’s subjective right to protection of his violated civil rights. The paper argues that the existence of a legal relationship is an integral part of its content, outside the time of realization of the right to exercise it is impossible. In civil relations, the decisive factor is the dispositive factor for determining the duration of the obligation at the level of the creditor-debtor. But even with the uncertainty of the temporal coordinates of the relationship, the definition of «term of performance of an obligation» should be understood as a period of time during which the entitled person can exercise his right, as well as a period of time during which the obligor must perform his duty. Instead, the period during which the protection right is exercised, including the claim, as a rule, has a normative design. This shows the importance of the civil law term as an element of the content of subjective law: its expiration leads to certain legally significant consequences - the exhaustion of law. Otherwise, the significance of such a legal phenomenon as the term is simply leveled. Therefore, the author categorically denies the concept that the subjective rights and corresponding responsibilities of the parties to the binding relationship can be exercised outside the specified temporal coordinates. At the moment of the offense, a new independent binding relationship of a protective type arises, the content of which includes the protective claim of the right holder and the corresponding duty of the infringer. The subjects of these relationships of the already protective type will be the same persons as in the terminated regulatory relationship - the creditor endowed with the claim and the debtor burdened with the obligation. But the scope of rights, the nature of their exercise and, most importantly, the temporal characteristics will be different. In the case of judicial protection of the right, the statute of limitations will be decisive, in the case of out-of-court protective constructions, there are also their own time regulators. Therefore, the paper also assesses the question of the existence of a subjective right after the expiration of the statute of limitations - the term of existence of the substantive right to sue. It is concluded that the substantive right to protection (protection right) to fulfill the existing obligation does not end with the coincidence of the statute of limitations.