RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 29, 2013 No. 10

About some questions of practice of use of limitation period in the decision of economic disputes

decides:

For the purpose of ensuring the correct and identical use of limitation period in the decision of economic disputes to make to economic courts the following explanations.

1. General questions of use of limitation period

1.1. Limitation period, by determination of Article 256 of the Civil code of Ukraine (further - the Civil Code of Ukraine), is the term within which person can take a legal action with the requirement about protection of the civil law or interest. Therefore, limitation period is institute of the civil law and can be applied only to requirements for the disputes arising in the civil relations determined in part one of Article 1 of Civil Code of Ukraine, and in the economic relations (article 3 of the Economic code of Ukraine, further - HK of Ukraine).

Taking into account instructions of part two of Article 1 of Civil Code of Ukraine the rules of limitation period provided by this Code are not applied (if other is not established by the law) to the legal relationship arising in connection with application by state bodies concerning the companies, organizations, the organizations and citizens subjects of business activity of the responsibility for making of illegal actions, including for abuse of regulations of implementation of business activity established by the legislation (in particular, and requirements of the competitive legislation).

At the same time it must be kept in mind that as the law (Item 10 parts two of Article 16, Article 21 of Civil Code of Ukraine, the paragraph third parts two of article 20 HK of Ukraine) determines recognition invalid the acts of the state and other bodies contradicting the legislation and violating the rights and legitimate interests of persons, as method of protection of the civil laws, general limitation period is applied to actions for declaration of legal entities and the specified citizens about recognition invalid such acts (taking into account, at the same time, Item 5 of the Section II "Final and transitional provisions" of the Law of Ukraine stated in the subitem 3 "About introduction of amendments to some laws of Ukraine concerning enhancement of procedure of legal proceedings" of 20.12.2011 No. 4176-VI).

Besides, if the relations arising between legal entities or physical persons on the one hand both state and other bodies - with another, have civil or economic and legal nature in which these bodies act as equals the principles with other participants of the corresponding relations (for example, in connection with accomplishment civil or economic legal instruments, compensation of material or moral damage according to obligations in connection with acquisition, storage of property without good legal basis and so forth), then in the decision of the corresponding disputes limitation period - general or special, depending on content of claims is also applied.

1.2. On content of part two of Article 9 of Civil Code of Ukraine and part one of article 223 HK of Ukraine limitation period shall be applied to the requirements following from imushchestvenno economic obligations determined by article 175 HK of Ukraine.

As for the requirements arising from organizational and economic obligations (article 176 HK of Ukraine), limitation period is applied to that their part which by the legal nature has signs of the civil obligation. Appropriate cases can take place, in particular, in the relations which arose between: the subject of managing and the owner who is founder of this subject; subjects of managing which together will organize merging of the companies or economic society, and governing bodies of these associations; subjects of managing if one is affiliated enterprise of another.

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