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

According to Item 6 parts two of article 36 of the Law of Ukraine "About judicial system and the status of judges" plenum of the Supreme Economic Court of Ukraine

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).

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