Publication date: 04.06.2024
Lawyer
Legal opinion on the calculation of the statute of limitations in the conditions of martial law
The issue of statute of limitations is extremely important from the point of view of ensuring the stability of civil turnover and the realization of the right to judicial protection. During martial law, various difficulties may arise with the calculation of the statute of limitations due to restrictions on movement, disruption of the work of state bodies, the presence of hostilities, etc. The consultation of a lawyer and a thorough analysis of documents are necessary for the formulation of a legal opinion and a legal opinion of an attorney on this issue.
According to the current legislation, the statute of limitations does not apply to claims that arose in connection with the violation of property rights or other property rights during the period of martial law. However, with regard to other peacetime requirements, there are certain nuances in calculating the statute of limitations during wartime.
According to the Civil Code of Ukraine, the statute of limitations stops in the event of force majeure, which prevents the filing of a claim. Martial law can be seen as such an irresistible force, especially in areas of hostilities or temporary occupation. Therefore, if the person was not physically able to go to court within the specified period, the statute of limitations will be suspended for this period.
At the same time, in other regions where martial law does not directly prevent legal proceedings, the suspension of the statute of limitations may be more limited or not be applied at all. Therefore, the lawyer's legal opinion must take into account the specific circumstances of the case and the geographical location of the parties.
The legal opinion must be based on the analysis of the relevant provisions of the Civil and Civil Procedure Codes, as well as judicial practice in cases related to force majeure circumstances. It is important to assess the presence of direct obstacles to access to justice, including movement bans, destroyed communications, occupation of territories, etc.
In addition, the lawyer's legal opinion must take into account specific legislative acts adopted during the period of martial law, which can directly regulate the calculation of procedural terms.
It is recommended to also consider the possibility of establishing special "rules" for calculating the statute of limitations or suspending it for certain categories of cases for the period of martial law. This could be enshrined in law and would ensure a uniform approach for all court cases.
The legal opinion should contain clear criteria and examples of situations where the statute of limitations will be suspended during wartime. It is also necessary to take into account the issue of proving obstacles to going to court, the procedure for renewing terms after the end of martial law, etc.
In summary, the issue of statute of limitations during martial law requires careful legal analysis, taking into account all the circumstances of the case and the provisions of the current legislation. The lawyer's legal opinion and the legal opinion, prepared on the basis of a lawyer's consultation and analysis of documents, should contribute to the realization of the right to judicial protection in the special conditions of war.
