The relevance of the topic of determining the time of filing a claim for an independent guarantee is not in doubt. Jurisprudence has been the difficulty in 2013 after the entry into force of article 165.1 of the civil code, and then arose a conflict between the new article and section 2 of article 194 of the civil code of the Russian Federation upon presentation of the beneficiary's claim the guarantor. The author tried to consider the conflict of norms and offer to resolve it.