The law that abolishes the suspension of limitation periods, has come into force – details

Restored flow of suspended for the period of martial law of limitation periods in the Civil Code

On September 4, Law No. 4434-IX on renewal came into force in Ukraine the current limitation period. This means withdrawal from the transitional provisions of the Civil Code, which temporarily stopped calculating the limitation period during martial law. The information was confirmed by the publication Forensic newspaper.

The project of Law No. 11315, aimed at abolishing the pause in the calculation of limitation, was approved on May 14. As a result, the restrictions related to the timing of civil claims, in particular, regarding the inheritance, are restored.

According to the previous norms, approved on January 30, 2024, during the martial law, the limitation period set out in the Civil Code stopped. This concerned the period during which a person had the right to go to court to protect their rights. However, in May 2024, Parliament registered project # 11315, which provided for the cancellation of this pause. The document has now officially entered into force.

As the resource notes 7minarthe limitation period affects not only judicial protection, but also tax liabilities. According to paragraphs. 14.1.11 of the Tax Code, delay of limitation is the basis for declaring debt hopeless. Therefore, the exact definition of these terms is important for both lawyers and financial specialists.

Legal Principles for determining the limitation period The statute of limitations is a statutory period during which a person can go to court to protect violated rights (Article 256 of the CCU). The legislation distinguishes between the total limitation period (3 years, Article 257 of the CCU) and special terms (Article 258 of the CCU), which may be shorter or longer. For example, a short term of 1 year is applied to the following requirements (Part 2 of Article 258 of the CCU):

• penalties (penalties, penalties);
• refutation of false information in the media;
• transfer of the rights of the buyer to the co -owner in violation of the pre -emptive right to buy a share (Article 362 of the CCU);
• claims due to the shortcomings of the goods (Article 681 of the CCU);
• termination of the gift contract (Article 728 of the CCU);
• disputes over cargo or mail transportation (Article 925 of the CCU);
• appeal of the actions of the executor of the will (Article 1293 of the CCU);
• invalidation of decisions of the General Meeting of the Company.

Longer special terms (4 years, Part 5 of Article 258 of the CCU) apply to the requirements for recognition of assets unjustified and their recovery in favor of the state. It is also important to keep in mind that the limitation period can:

• suspend (the grounds are specified in Article 263 of the CCU);
• interrupted (Article 264 of the CCU). After the break, the counting begins again;
• Do not apply to individual requirements (Article 268 of the CCU).

Regarding interruption: one of the grounds is actions confirming the recognition of debt (Part 1 of Article 264 of the CCU). The plenum of the Supreme Court of Ukraine in Resolution No. 10 of 29.05.2013 (paragraphs 4.4.1) specifies that such actions include:

• claim with the claim;
• changes in the contract confirming the recognition of debt;
• a written request for deferral;
• signing a reconciliation act;
• guarantee written obligations;
• partial payment of debt.

Important: The limitation period can be increased by agreement of the parties (Article 259 of the CCU), but not reduced. The term begins from the moment when the person learned or was able to learn about the violation of the right (Article 261 of the CCU).

Basic provisions of the law On June 2, President of Ukraine Volodymyr Zelensky signed the Law No. 4434-IX, which:

• provides legal certainty and protects defendants from overdue claims;
• Restores the balance between the interests of the plaintiffs and the defendants.

As stated in the explanatory note, the duration of martial law made the statute of limitations ineffective. The judicial system is currently functioning, which allows to protect the rights in court. In exceptional cases (for example, participation in hostilities) courts may not apply the limitation period on the basis of Part 5 of Art. 267 CCU.

The gun