Application of statutes of limitations in conditions of martial law

Abstract

The article is dedicated to highlighting the legal issue of applying statutes of limitations in conditions of martial law, which has been in effect in our country since February 24, 2022. The attention was focused on the fact that problematic issues regarding the application of statutes of limitations arose earlier, during the Covid-19 pandemic, when quarantine restrictions were introduced, and the legislature established norms regarding the extension of statutes of limitations. The authors examined the importance of the existence of the statute of limitations institution in the context of the right to judicial protection. It was determined that the statute of limitations has significant importance for participants in judicial proceedings since for the plaintiff, it serves as a legislatively defined opportunity to seek protection within a certain period to defend their rights and freedoms, while for the defendant, it is a tool for protecting themselves from civil liability by applying statutes of limitations, which is an independent ground for denying the claim. The issue of suspending the statute of limitations in the context of legislative norms in the Civil Code of Ukraine was also examined. The authors noted that the term "extension of statutes of limitations” used by the legislature during the quarantine and martial law period is an unsuccessful formulation and in some respects contradicts the norms of legislation. The Civil Code of Ukraine provides that the statute of limitations can be extended by agreement of the parties or suspended in case of certain circumstances. Additionally, the authors examined the issue of the appropriateness of suspending statutes of limitations during martial law. It was determined that as of January 30, 2024, the statute of limitations established by the Civil Code of Ukraine is fully suspended for the duration of martial law. However, in the authors' opinion, the actions of legislators, which manifested in the mandatory suspension of statutes of limitations, violate the right to judicial protection and place one party in a better position compared to the other. The authors proposed changing the approach to statutes of limitations by not suspending them but providing the plaintiff with the opportunity, in case the defendant claims the application of statutes of limitations, to present convincing arguments to the court that they missed the specified period for valid reasons, rather than just due to the existence of martial law.