Statute of limitations reinstated: time to act is now
On 14 May 2025, the Parliament of Ukraine adopted the Law (Bill No. 11315) repealing the wartime suspension of the statute of limitations (the “Law”). The Law is currently pending presidential assent and will enter into force three months after its official publication.
Why It Matters
In March 2022, following Russia’s full-scale invasion, Ukraine imposed a legislative moratorium on the running of limitation periods for most civil claims governed by Ukrainian substantive law. This effectively paused the clock in a wide range of disputes. The Law revokes this suspension and reinstates the calculation of limitation periods.
Unlike in many other jurisdictions, statutes of limitations in Ukraine are not part of the procedural legal framework. Instead, they are clearly part of Ukrainian substantive law and provided in the Civil Code of Ukraine. This means that the Law is likely to have an impact far beyond the domestic judiciary, affecting most, if not all, of the foreign litigation and arbitration proceedings where Ukrainian substantive law applies.
In addition to restoring the normal process of bringing claims under Ukrainian law, the amendments ensure compliance with Article 6, Right to a fair trial, of the European Convention on Human Rights. The European Court of Human Rights has consistently emphasised that legal certainty and access to justice require clear and foreseeable procedural time limits, including those governing limitation periods.
What Will Change?
- The statute of limitations will resume: The suspension of statutory limitation periods will be lifted as of the Law’s effective date.
- Three-month transition window: The Law will take effect three months following its official publication, offering a short but critical period for parties to assess and act on their legal positions.
- No retroactive resets: Limitation periods will neither restart nor be recalculated. Instead, they will continue from their pre-suspension status as of 2022, potentially leaving a limited timeframe for initiating proceedings.
What You Should Do
Parties with potential civil claims are advised to promptly reassess their legal positions and ascertain their standing with respect to the applicable limitation periods. In certain instances, the remaining time to initiate proceedings may be considerably constrained.
For tailored legal advice on how this development may impact your legal strategy, please contact Olga Vorozhbyt, Partner ([email protected]), or Oleksandr Zub, Associate ([email protected]).
