Limitation of claims for creditors: causes and general rules of calculation

Issue: № 4, 2023

Doi: https://doi.org/10.37634/efp.2023.4.16

The paper is devoted to topical issues of the occurrence of accounts payable, its reflection in accounting and the procedure for calculating the statute of limitations for accounts payable. The researched topic is very relevant, because missing the statute of limitations can lead to dissatisfaction with the claim and the ability of the company to fulfill its obligations. The paper analyzes the normative-legislative base, on the basis of which the concept of statute of limitations, statute of limitations, types of statute of limitations is defined. In order to find out the statute of limitations in accounting, the forms of current payables were examined. Limitation periods were also established for each form of current payables. We found out that the statute of limitations also applies to labor disputes. It should be noted that Article 233 of the Labor Code of Ukraine establishes the statute of limitations for an employee's claim against the enterprise. It was investigated that according to the norms of the current legislation, not only the employee, but also the employer also has the right to apply to the court for recovery from the employee to maintain the material damage caused by the employee to the business entity. During the analysis of the Ukrainian legislature, it was found that the statute of limitations also applies to administrative legal relations. We have established that the Tax Code of Ukraine due to the expiration of the statute of limitations, the creditor debt can be considered bad debt. However, due to the fact that Ukraine currently has double restrictions on the expiry of the statute of limitations, these terms are being extended.

Keywords : accounts payable, overdue debt, statute of limitations, labor legal relations, administrative legal relations

References:

1. On the approval of the national Regulation (standard) of accounting 11 «Liabilities»: order of the Ministry of Finance of Ukraine dated 31.01.2000 № 20. URL: https://zakon.rada.gov.ua/laws/show/z0085-00#Text (in Ukrainian).

2. On the approval of the Plan of accounting accounts and the Instructions on its application: order of the Ministry of Finance of Ukraine dated 30.11.1999 № 291. URL: https://zakon.rada.gov.ua/laws/show/z0892-99#Text (in Ukrainian).

3. Civil Code: Law of Ukraine dated 16.01.2003 № 435-IV. URL: https://zakon.rada.gov.ua/laws/show/435-15#Text (in Ukrainian).

4. Code of Labor Laws of Ukraine: Law of Ukraine dated 23.07.1996 № 322-08. URL: https://zakon.rada.gov.ua/laws/show/322-08#Text (in Ukrainian).

5. Code of Ukraine on administrative offenses: Law of Ukraine dated 07.12.1984 № 80731-Х. URL: https://zakon.rada.gov.ua/laws/show/80732-10 (in Ukrainian).

6. Administrative Judicial Code of Ukraine: Law of Ukraine dated 06.07.2005 № 2747-ІV. URL: https://zakon.rada.gov.ua/laws/show/2747-15#Text (in Ukrainian).

7. Economic Code of Ukraine: Law of Ukraine dated 16.01.2003 № 436-ІV. URL: https://zakon.rada.gov.ua/laws/show/436-15#Text (in Ukrainian).

8. On making changes to the decree of the Cabinet of Ministers of Ukraine dated March 25, 2020 No. 338 and the decree of the Cabinet of Ministers of Ukraine dated December 9, 2020 No. 1236: decree of the Cabinet of Ministers of Ukraine dated 23.12.2022 № 1423. URL: https://www.kmu.gov.ua/npas/pro-vnesennia-zmin-do-rozporiadzhennia-kabinetu-ministriv-ukrainy-vid-25-s1423-231222 (in Ukrainian).

9. On extending the term of martial law in Ukraine: Decree of the President of Ukraine dated 6.02.2023 № 58/2023. URL: https://www.president.gov.ua/documents/582023-45757 (in Ukrainian).

10. On approval of the Decree of the President of Ukraine «On extending the term of martial law in Ukraine»: Law of Ukraine dated 7.02.2023 № 2915-ІХ. URL: https://zakon.rada.gov.ua/laws/show/2915-20#Text (in Ukrainian).

11. On amendments to the Tax Code of Ukraine and other legislative acts of Ukraine regarding the effect of norms during the period of martial law: Law of Ukraine dated 15.03.2022 № 2120-ІХ. URL: https://zakon.rada.gov.ua/laws/show/2120-20#Text (in Ukrainian).

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