PUBLIC LEGAL AND PRIVATE ASPECTS OF THE INSTITUTE OF LIMITATION

Abstract

This article is devoted to the research of the topical issue of differences and common features of such a substantive legal institution as the statute of limitations in relations governed by the rules of private (civil) and public (tax) 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 occurrence and reflection in tax accounting of receivables (payables). It is established that the dates of occurrence of the debt accounted by the enterprise and the dates of the beginning of the statute of limitations do not coincide, do not coincide with each other and the terms of occurrence of receivables and accounts payable established by the tax legislation. language, while the statute of limitations is associated with the moment of violation of the right. The issue of the essential difference between such legal phenomena as the expiration of the statute of limitations and the recognition of debts as bad is also clarified. It is established that the statute of limitations determines only the time to apply to the court to enforce the debtor’s security obligation, it does not affect the physical repayment of the obligation, just in case of missing the statute of limitations the obligation can no longer be fulfilled jurisdiction. If it is not performed voluntarily, it may be illegal enrichment of the debtor, so from the expiration of the statute of limitations he will have additional tax liabilities: when the accounts payable for goods received but not paid becomes uncollectible, from a tax point of view, it is transformed into non-repayable financial assistance. It can therefore be concluded that the assumption that the terms introduced by the legislator in tax law determine the temporal boundaries of the existence of subjective rights and obligations of business entities is erroneous.