Ukraine cancels suspension of limitation periods during martial law in the Civil Code

On 14 May 2025, the Verkhovna Rada of Ukraine adopted Draft Law No. 11315. It excludes clause 19 of the Final and Transitional Provisions of the Civil Code of Ukraine, according to which, during the martial law, the running of limitation periods as envisaged by the Civil Code of Ukraine was suspended for the entire duration of martial law.

It is worth reminding that in Ukraine, the statute of limitations in civil cases has not been applied for over 5 years, due to the following:

• from 12 March 2020 to 01 July 2023, the limitation periods were extended for the duration of the quarantine to prevent the spread of coronavirus disease (COVID-19) (clause 12 of the Final and Transitional Provisions of the Civil Code of Ukraine, as introduced by Law No. 540-IX of 30 March 2020);
• from 24 February 2022, martial law was introduced in Ukraine; the limitation periods were initially extended (Law No. 2120-IX of 15 March 2022), and then suspended from 30 January 2024 (Law No. 3450-IX of 08 November 2023) (clause 19 of the Final and Transitional Provisions of the Civil Code of Ukraine).

Why was the suspension of the limitation period cancelled?

According to the authors of the draft law, as stated in the explanatory note, during martial law, the importance of limitation period has been reduced dramatically, which cannot be justified: 

• certain specific cases when it may be impossible to timely apply to the court cannot justify blank suspension of the limitation period;
• the judicial system is functioning, and anyone who wants to defend their rights in court can do so. In specific cases (such as involvement in hostilities) the limitation period may be disapplied on the basis of part 5 of Article 267 of the Civil Code of Ukraine.

When will these changes come into force?

The Law on Cancellation of Suspension of Limitation Period in Civil Cases was signed by the President of Ukraine on 02 June 2025 and published on 03 June 2025.

This Law will come into force three months after the day following its publication, that is on 04 September 2025.

What are the consequences of such changes?

The limitation period in civil cases will resume running in accordance with the provisions of the Civil Code of Ukraine (as was the case before the quarantine and the war).

The question may arise as to how such changes affect the period when the limitation period was extended (suspended) due to martial law. In other words, can persons who have not yet applied to court (relying on extension / suspension of limitation period during martial law) protect their rights after such amendments come into force?

The answer is yes, they can.. This is because of the general rule that laws and other regulatory legal acts do not have retroactive effect (Article 58 of the Constitution of Ukraine). At the same time, we do not exclude additional clarifications on this issue. 

Recommendations

It is worth considering such changes for the purposes of applying to the court for the protection of violated rights and interests, as the expiry of the limitation period is a ground for dismissal of the claim. 

If you need additional advice, we will be happy to answer your questions.