How Ukrainians are forced to pay “overdue” debts: schemes and traps
27 November 2025 18:57
Across the country, the number of utility debtors is growing by leaps and bounds. The Unified Register of Debtors currently contains more than 794,000 enforcement proceedings for utility debts, and 60% of these proceedings have been formally completed but not closed, as no money has been collected, Opendatabot reports.
The fact is that there is no law in Ukraine that obliges to write off debts for housing and communal services accumulated over three years. At the same time, utilities cannot collect such debts through the courts. Can we say that this gives Ukrainians a chance not to pay these debts, found out
In 2025, 194 thousand new debts appeared in the Register. Of these, two-thirds are still open (132,578 proceedings). Most of the utility bills are owed in Kharkiv region: 47.9 thousand proceedings. Dnipropetrovska oblast is slightly behind with 45.4 thousand. Other regions are at least three times behind: Mykolaiv region (11.9 thousand), Poltava region (11.3 thousand), and Sumy region (8.5 thousand).
Most often, Ukrainians accumulate debts for heat supply – this year, in 40% of cases, debts are for heat. Water supply is in second place (18%), followed by gas supply (15%) and housing services (10%). Garbage collection and electricity account for 8% and 6% respectively. The largest number of proceedings are opened against people aged 46-60, accounting for almost 36% of all cases. And every fourth debt falls on pensioners, according to Opendatabot.
“Amnesty for old debts: when and how it works
But few Ukrainians realize that if the debt is older than 3 years, the concept of limitation of actions, which is established in the Civil Code (435-15) (Article 257), can be applied. In other words, the debt may be collected for a period not exceeding three years before the filing of a claim or lawsuit. However, there are cases when the debt can be collected for an earlier period, lawyers emphasize.
“But few people know about this and sometimes they are easily pressured by the companies they owe. And they not only call every day and remind you of the debt, but also often scare you that the case will be handed over to collectors, and they will act according to their own methods of collecting the debt. Under pressure, the debtor runs to the company to clarify the circumstances, not even realizing that he is trapped,” says
[Kommersant] lawyer Valentin Serkov.
In law, there is such a thing as interruption of the limitation period. It occurs when the debtor performs an act that indicates that he recognizes his debt.
This includes, for example:
- payment of a part of the debt,
- requesting an installment plan or deferral,
- entering into a debt restructuring agreement.
After such “recognition”, a lawsuit may be filed within three years, including for “old” periods of debt, even if more than three years have passed since their formation.
“If the contract provided for debt for these years and you signed it, then you have recognized the debt and are obliged to repay it,” the lawyer emphasizes.
And if the debtor has paid the debt and then finds out that he could have avoided it – because three years have passed, or that there are circumstances that justify non-payment (for example, a long absence from the country; not living in the same apartment; cases of inheritance when they could not enter into inheritance rights for a long time and the debt accumulated, etc.
You can act proactively by going to court yourself
But there are nuances. In 2025, Law No. 4434-IX abolished the suspension of the statute of limitations, which had previously been “frozen” due to quarantine or martial law. Starting from September 4, 2025, the limitation periods are again calculated according to the usual rules.
By law, the general limitation period for ordinary obligations is 3 years (Article 257 of the Civil Code of Ukraine). However, as the court practice shows, when considering cases on utility debts, the courts pay attention not only to the date of their occurrence, but also to the circumstances: whether there were breaks, how consumption was recorded, whether there were attempts to collect, whether the debtor actually lived in Ukraine, etc.
“It is important to understand that after 04.09.2025, the limitation period will be calculated again, which means that in case of new debts or new collection attempts, utilities will be guided by the “three years” from the date of filing the claim. However, debts from earlier years can still be collected – the court may recognize that the period has not expired if it finds grounds (e.g., interruptions, actual use of services, lack of recourse to the court, etc.) If you want to use the statute of limitations in your favor, you need to declare it in court. It does not apply automatically. In court, you can demand that the old debt is not collected because the statute of limitations has expired,” says lawyer Iryna Syngaevska.
“If you receive a lawsuit, it is important to file an application for the application of the limitation period in a timely manner (usually within the time limits set by the court). Or, alternatively, you can file a claim for the application of the limitation period yourself.
If you are presented with a debt for gas or utilities for a period of more than three years without a lawsuit, this is not an automatic write-off: the law only provides a defense if the case goes to court.
To summarize the important things:
1. The statute of limitations does not work automatically.
If you have been sued, you must file an application for the statute of limitations to expire. If you fail to do so, the debt may be collected in full, even after 10 years.
2. Debts older than 3 years can still be collected if:
- you partially paid the debt, in which case the period starts anew,
- you recognized the debt and signed agreements,
- the utility company proves that there were circumstances that “stopped” the period (martial law, lack of data, etc.).
3. The court can even collect the old debt if:
- there is evidence of actual use of gas, heat, water, electricity, etc,
- utilities have kept proper records,
- there is no evidence that you did not live in the property.
The conclusion is brief:
- Theoretically, a debt older than 3 years can be recovered in court.
- In practice, it all depends on the circumstances and whether you claim the statute of limitations.
- Utility companies often collect both 5- and 7-year debts if a person does not claim the statute of limitations has expired.
Author: Alla Dunina
