The problem of legislative renewal of the limitation of action: critical comments on the draft law No. 11315 of 05/31/2024

The paper considers the problem of legislative renewal of run of the of the statute of limitations in Ukraine, taking into account that starting from 03/30/2020, the procedure for calculating the statute of limitations was legislatively changed three times: By the Laws of Ukraine: dated 03/30/2020 No. 540-IX "On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19)"; dated 03/15/2022 No. 2120-IX "On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine Regarding the Application of Norms for the Period of Martial Law"; dated 08/11/2023 No. 3450-IX "On Amendments to the Civil Code of Ukraine Regarding Improving the Procedure for Opening and Registering an Inheritance". On 14.05.2025, the Verkhovna Rada of Ukraine adopted the draft law dated 31.05.2024 No. 11315 "On Amendments to Clause 19 of Section "Final and Transitional Provisions" of the Civil Code of Ukraine regarding the Resumption of the Run of the Limitation Period". However, the fact that this draft law was adopted in a very truncated form does not take into account numerous changes in the procedure for calculating the limitation period. It is proposed to supplement the draft law (or future Law) with the following provision: “If the violation of the creditor’s rights occurred before the entry into force of the Law of Ukraine dated 30.03.2020 No. 540-IX "On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19)", and the limitation period, calculated in the appropriate manner provided for by the Civil Code of Ukraine, expires after the entry into force of the said Law, then the limitation period in such case shall begin from the date of entry into force of the Law of Ukraine «On Amendments to Clause 19 of Section “Final and Transitional Provisions» of the Civil Code of Ukraine Regarding the Resumption of the Limitation Period".