Deadlines in civil law of Ukraine: issues of classification and law enforcement

Legal regulation of deadlines and terms in civil law is a key element in ensuring legal certainty, the stability of contractual and other legal relations, and effective protection of the rights and interests of participants in civil turnover. Defining deadlines in law is a necessary condition for regulating the lawful conduct of the parties, establishing the boundaries for exercising rights and fulfilling obligations, as well as for protecting the interests of individuals who may face negative consequences if these deadlines are not adhered to. The article discusses theoretical approaches to the interpretation of the concepts «deadline» and «term», their differentiation and classification in the system of civil law. It is noted that deadlines are divided into imperative and dispositive, which directly affects their ability to be altered by agreement of the parties or by judicial correction. An important aspect is the analysis of the legal consequences of missed deadlines, including the possibility of their renewal or interruption in cases provided for by law. The article analyzes contemporary approaches to the classification of deadlines in Ukrainian civil law and their practical application. The authors consider the impact of deadlines on the realization of rights and the fulfillment of obligations, as well as their role in legal proceedings. Special attention is given to the issues of calculating deadlines, their renewal, suspension, and interruption, which are crucial in the context of ensuring legal certainty. Scientific approaches to defining deadlines and their functions in civil law are generalized. Based on the analysis of regulatory acts, judicial practice, and scientific sources, proposals are made for improving the legal regulation of deadlines in Ukrainian civil law. In Ukraine, despite the existence of general rules concerning deadlines, there are no sufficiently detailed provisions on their suspension in emergency situations, which creates legal uncertainty for citizens and businesses. The research aims to develop conceptual approaches to improving the mechanisms for regulating deadlines and terms, which will enhance the effectiveness of judicial protection, ensure a balance between legal certainty and the protection of the rights of individuals who, due to objective reasons, were unable to exercise their rights within the prescribed deadlines.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-04-29
DOI
https://doi.org/10.24144/2788-6018.2025.02.34
Primary Topic
Legal, Health, Environmental and COVID-19 Challenges
Type
article
Field-Weighted Citation Impact
0.00
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article

Deadlines in civil law of Ukraine: issues of classification and law enforcement

Оксана Кіріяк, Kristina Vozniakovska
Analytical and Comparative Jurisprudence
Legal, Health, Environmental and COVID-19 Challenges
article

Deadlines in civil law of Ukraine: issues of classification and law enforcement

Оксана Кіріяк, Kristina Vozniakovska
article en

Abstract

Legal regulation of deadlines and terms in civil law is a key element in ensuring legal certainty, the stability of contractual and other legal relations, and effective protection of the rights and interests of participants in civil turnover. Defining deadlines in law is a necessary condition for regulating the lawful conduct of the parties, establishing the boundaries for exercising rights and fulfilling obligations, as well as for protecting the interests of individuals who may face negative consequences if these deadlines are not adhered to. The article discusses theoretical approaches to the interpretation of the concepts «deadline» and «term», their differentiation and classification in the system of civil law. It is noted that deadlines are divided into imperative and dispositive, which directly affects their ability to be altered by agreement of the parties or by judicial correction. An important aspect is the analysis of the legal consequences of missed deadlines, including the possibility of their renewal or interruption in cases provided for by law. The article analyzes contemporary approaches to the classification of deadlines in Ukrainian civil law and their practical application. The authors consider the impact of deadlines on the realization of rights and the fulfillment of obligations, as well as their role in legal proceedings. Special attention is given to the issues of calculating deadlines, their renewal, suspension, and interruption, which are crucial in the context of ensuring legal certainty. Scientific approaches to defining deadlines and their functions in civil law are generalized. Based on the analysis of regulatory acts, judicial practice, and scientific sources, proposals are made for improving the legal regulation of deadlines in Ukrainian civil law. In Ukraine, despite the existence of general rules concerning deadlines, there are no sufficiently detailed provisions on their suspension in emergency situations, which creates legal uncertainty for citizens and businesses. The research aims to develop conceptual approaches to improving the mechanisms for regulating deadlines and terms, which will enhance the effectiveness of judicial protection, ensure a balance between legal certainty and the protection of the rights of individuals who, due to objective reasons, were unable to exercise their rights within the prescribed deadlines.

Analytical and Comparative Jurisprudence(2)
Weatherford College (US), Al-Azhar University (ID)
Openalex Percentile: Top 87%
Legal, Health, Environmental and COVID-19 Challenges
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