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04.12.2023

The statute of limitations, defined by the Civil Code, will stop during the period of martial law – when the changes come into force

The law has been published, which specifies that from January 30, 2024, for the duration of martial law in Ukraine, the statute of limitations, defined by the Civil Code, is suspended.
The statute of limitations, defined by the Civil Code, will stop during the period of martial law - when the changes come into force
On January 30, 2024, the law will enter into force, which determines that the statute of limitations, defined by the Civil Code, is suspended for the duration of martial law in Ukraine.

The corresponding Law “On Amendments to the Civil Code of Ukraine on Improving the Procedure for Opening and Registration of Inheritance” 3450-IX was published on November 30, 2023 (bill 9288 was submitted back in May 2023).

In accordance with the changes that will enter into force on January 30, paragraph 19 of the Final and Transitional Provisions of the Civil Code will be set out in the following version:

“19. During the period of martial law in Ukraine, introduced by the Decree of the President of Ukraine “On the introduction of martial law in Ukraine” dated February 24, 2022 No. 64/2022, approved by the Law of Ukraine “On the approval of the Decree of the President of Ukraine “On the introduction of martial law in Ukraine” dated February 24 No. 2102-IX of 2022, the statute of limitations established by this Code is suspended for the duration of such a state.”

We would like to remind you that in the currently valid edition of March 2022, the relevant paragraph 19 provides that during the period of martial law and state of emergency in Ukraine, the terms specified in Articles 257-259, 362, 559, 681, 728, 786, 1293 of the Civil Code are extended for the period of its validity.

Also, with changes in another edition, Article 1221 of the Civil Code, which after coming into force will determine that the place of opening of inheritance is the last place of residence of the testator. If the place of residence of the testator is unknown, the place of opening of the inheritance is the location of the immovable property or its main part, and in the absence of immovable property – the location of the main part of the movable property.

If the testator had the last place of residence on the territory of a foreign state, the place of opening of the inheritance is determined in accordance with the Law “On International Private Law”.

In addition, simultaneously with the entry into force of Law 3450-IX, Law No. 3449-IX will enter into force.

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