Publication date: 07.06.2024
lawyer, 23 years of experience in enforcement.
Part 1 of Art. 256 of the Civil Code of Ukraine, the statute of limitations is a term that characterizes the ability of a person to apply to court with a claim for his civil rights or interests.
Part 1 of Art. 261 of the Civil Code of Ukraine, the statute of limitations begins from the day when the person learned about the violation of his right or the person who violated it.
2.3 tbsp per hour. 264 of the Civil Code, the statute of limitations is violated if a person files a lawsuit against one of several creditors, as well as if the subject of the lawsuit is only part of the total amount of the complainant's debt. After the disruption period, the debt limit starts working again.
Law dated 30.03.2020 No. 540-IX "On Amendments to Certain Legislative Acts of Ukraine, Aimed at Providing Additional Socio-Economic Benefits in Connection with the Spread of the COVID-19 Virus (COVID-19)" ch. The "Final and Transitional Provisions" of the Civil Code were supplemented by paragraph 12 - "During the period determined by the Cabinet of Ministers of Ukraine in order to prevent the spread of the COVID-19 virus (COVID-19), amendments were made to Articles 257, 258... of this Code.
In addition, on March 17, 2022, the law dated March 15, 2022 2120-IX "On Amendments to the Tax Code of Ukraine and other legislative acts of Ukraine regarding the effect of norms for the period of martial law" entered into force, this added a clause to the Civil Code that allows extend the term of martial law and state of emergency in Ukraine.
In this regard, within three years from the date of notification of their violation, the plaintiff is obliged to apply to the court with a claim for the protection of his civil right or interest.
This period is violated by a legal action against at least one of several creditors or by filing a complaint that is only part of a complete complaint that he must receive. If the end date of this term comes after 03/30/2020 or 03/17/2022, the term is extended for the duration of the Covid quarantine and martial law.
The countdown has begun. CONSEQUENCES OF MISSING LIMITATION LIMITATION.
In the court decision of November 16, 2016, in case No. 6-2469ts16, it is stated that the comparison of the terms "found out" and "could find out" indicates the probability of a person's obligation to know about the state of his property rights. , if they were to prove the plaintiff's ignorance of his civil rights, it would not be sufficient to defend them.
The plaintiff must also prove that he did not know about the violation of his civil rights, this follows from the general rule, according to which the party in the dispute must prove the circumstances that he refers to as the basis of his claims and objections. The defendant must demonstrate that information about the violation would have been available earlier.
Resolution no. The rule on the beginning of the statute of limitations is related to the moment of his direct knowledge of specific situations (the facts of his violation of rights), as well as the potential purpose of this knowledge. The possibility of knowing about the violation of one's right arises from the general principles of protection of civil rights and interests (Articles 15, 16, 20 of the Civil Code), which provide that a person who has the right to protection shall realize it when exercising it. at its own discretion in accordance with the law that creates the possibility of knowing about the violation of rights. The plaintiff has the burden of proving the duration of awareness of the violation of his rights.
The final resolution of the Ministry of Internal Affairs regarding Law 907/50/16 of November 20, 2018 indicates that the analysis of Article 261 of the Civil Code led to the conclusion that the statute of limitations has begun. coincides with the time when the interested party has the right to sue.... The decisions of the courts have been precise: the plaintiff must also demonstrate that he did not know that his civil rights were violated, these rights also follow from the general rule that a litigant must to prove the circumstances to which it refers as the basis of its demands and objections. The defendant must demonstrate that it is possible to learn more about the violation of the relevant right earlier.
Analysis of a person's state of consciousness expressed by the verbs "learned" and "could learn" in Art. 261 of the Civil Code establishes for the plaintiff a presumption of awareness of the state of his property rights, as a result of which he did not know about the violation of his civil rights, and therefore did not seek protection in court. It was not enough to protect the plaintiff. 33 of the Civil Procedure Code (as amended until December 15, 2017) and Article 74 of the Civil Code (as amended on December 15, 2017), requires the party to the dispute to demonstrate the circumstances that it describes as the basis of its claims and counterarguments. The defendant must demonstrate that information about the violation could have been received earlier" (VPVS dated November 26, 2019 No. 914/3224/16).
The resolution of the Ministry of Internal Affairs of January 30, 2019 No. 706/1272/14-4 states that "the statute of limitations is not an institutional component of procedural law and cannot be renewed (re-created), but the plaintiff can obtain judicial protection if they recognized as respectable. The court decides in each case about the presence of circumstances that made it impossible or significantly difficult to file a lawsuit in a timely manner. a specific case, taking into account the available factual data about the circumstances that led to the expiration of the statute of limitations as legitimate.
In the court ruling dated January 28, 2020, No. 910/20564/16, it is stated in Article 9 that the content of Article 261 of the Civil Code of Ukraine, the statute of limitations begins from the moment when the parties have the opportunity to file a lawsuit, that is, when they can legally exercise their rights through the court.
If the court recognizes the claims as well-founded, and the party in the case claims that the statute of limitations has already expired, the court must apply the provisions of Article 267 of the Civil Code of Ukraine to the disputed legal relationship. and to resolve the issue of the consequences of such a state of affairs (refusal of the claim in connection with exceeding the statute of limitations or in the presence of good reasons for its omission - on the protection of the violated right).
The purpose of the statute of limitations is to provide legal certainty and finality, protect potential defendants from out-of-date claims, and prevent the injustice that can occur when courts are forced to decide cases that occurred in the distant past on the basis of evidence that has already lost its validity and more are not complete (decision dated 22.10.1996 regarding applications No. 22083/93, p. 22153/93 in the case "Stubbings and others v. the United Kingdom"; paragraph "case" decision dated 20.09.2011 in the case "JSC "NK" "YUKOS" against Russia".
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the actions in the relevant situations and will help to collect the necessary documents and, if necessary, accompany the court proceedings.
