Statute of Limitations and Other Terms

Along with the statute of limitations, other terms provided for in the Family, Civil and Commercial Codes of Ukraine are subject to extension on the territory of Ukraine due to quarantine.
Why does it matter?

Provided that you adjourned application to the court against the offender or failed to do so on time, you will get a second chance;

If you've failed to apply to the court on time you may be deprived of the right to claim cease of violations, recognition and restoration of your rights. As a result, you can incur significant damage;

To extend such periods, a legitimate reason relevant to a particular situation shall exist. As practice shows, to ensure extension of the terms is quite difficult.


Extension of terms under the Family Code of Ukraine:

1. The limitation period to apply to the court for separation of joint property of a spouse after the divorce is three years from the day when one of the owners became or could become aware of the violation of his/her right to property.

2. The limitation period to apply to the court for recognition of paternity (both to the person who was improperly recorded as father of a child, and in case when a child's father was not recorded at all) is one year from the day when a person became or could become aware of his paternity.

3. The limitation period to apply to the court for recognition of maternity. Maternity can be appealed by both the person who is recorded as mother of a child, and by the person who considers herself to be mother of a child. The limitation period in question is one year from the day when a person became or could become aware of her maternity.
Extension of terms under the Civil Code of Ukraine:

1. General statute of limitations is three years.

2. Special statute of limitations of one year is applied for the particular categories of claims, for example:

2.1. on recovery of fine and penalties from the unfair counterparty, under the agreement;

2.2. on retraction of inaccurate information in mass media;

2.3. on termination of a gift agreement;

2.4. on invalidation of the decision of the company's general meeting in the corporate disputes;

2.5. on recognizing the acts of the executor of the estate unlawful;

2.6. on compensation for losses incurred due to damage of an item handed over to the tenant, as well as on reimbursement of the costs incurred due to improvement of the item in question;

2.7. arising in connection with the defects in the goods sold, etc.

3. The term on expiry of which the suretyship is terminated, in particular, as regards the creditor's right to apply to the court against the surety is three years from the maturity date. Provided that the maturity date is not established or is determined by the moment of claim (demand), the suretyship shall terminate, if the creditor fails to present the claim against the surety within the period of three years.
Extension of terms under the Commercial Code of Ukraine:

1. The period of accrual of penalties for delay in performance of obligations. Currently, the given period expires in three months from the day when the obligation should have been performed.

2. The limitation period to apply to the court with the claim arising in connection with the supply of inferior goods. Such claims can be filed within six months from the date when the buyer established improper quality of the goods supplied.

3. The limitation period to apply to the court with the claim arising in connection with improper quality of work under the contract on capital construction, depending on the type of deficiencies and acts of acceptance / identification of deficiencies.

4. The limitation period to apply to the court with the claim for compensation of damages incurred by the client due to the deficiencies of the project, under the project and research contract, is ten years. If the damages were incurred by the client in view of unlawful acts of the contractor, which led to destructions, accidents and ravages, - the limitation period is thirty years from the date of acceptance of the constructed facility.
If you have questions regarding particular terms and their calculation, please contact:

Daryna Vasylieva, Dispute Resolution Associate
Daryna.Vasylieva@integrites.com
+38 044 391 38 53
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