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The decision of the Constitutional Court of the Russian Federation as of October 31, 2024 No. 49-P in the case on the verification of the constitutionality of Articles 195 and 196, par. 1 of Article 197, par. 1 and sub-paragraph 2 of par. 2 of Article 200, sub-paragraph of par. 2 of Article 208 of the Civil Code of the Russian Federation in connection with the request of the Krasnodar Regional Court.
The Constitutional Court of the Russian Federation recognized the norms of the Civil Code regarding the application of the limitation period to anti-corruption claims of prosecutors as inconsistent with the Constitution.
According to the position of the Constitutional Court, the institution of limitation period, prescribed in the civil legislation, has a private-law nature and it is not applicable to public law relations to combat corruption, since the unscrupulous behavior of a corrupt official should deprive them of the grounds to count on the institution of limitation period as a means of protecting their illegal interests.
Having assessed the possible impact of any particular decision in respect to the issue under consideration on the balance of constitutional values, the Supreme Court came to the conclusion that more harm to these values will be caused if anti-corruption claims are allowed to be applied to the statute of limitations, in the form it is currently settled with contested laws, without considering the peculiarities of anti-corruption claims
In view of the foregoing, the Constitutional Court of the Russian Federation decided to recognize the contested provisions of the Civil Code of the Russian Federation as inconsistent with the Constitution to the extent that the judicial interpretation had led to their spread onto anti-corruption claims of the prosecutor.
In the current legislation, any period limiting the prosecutor's ability to file anti-corruption claims is now considered to be unspecified.
Having assessed the possible impact of any particular decision in respect to the issue under consideration on the balance of constitutional values, the Supreme Court came to the conclusion that more harm to these values will be caused if anti-corruption claims are allowed to be applied to the statute of limitations, in the form it is currently settled with contested laws, without considering the peculiarities of anti-corruption claims
In view of the foregoing, the Constitutional Court of the Russian Federation decided to recognize the contested provisions of the Civil Code of the Russian Federation as inconsistent with the Constitution to the extent that the judicial interpretation had led to their spread onto anti-corruption claims of the prosecutor.
In the current legislation, any period limiting the prosecutor's ability to file anti-corruption claims is now considered to be unspecified.
https://www.consultant.ru/document/cons_doc_LAW_489414/?ysclid=m37bibvaw5118097743