War as a force majeure

Martial law (war) as a force majeure circumstance for exemption from liability under the contract.

According to Part 1 of Article 617 of the Civil Code of Ukraine, a person who has violated obligations is released from liability for violation of an obligation if he proves that this violation occurred as a result of an accident or force majeure.

The above provisions of the current legislation should be understood as such, subject to the occurrence of an event or force majeure, the parties to any contractual obligations are exempt from liability, provided that it is this event or force majeure that deprives the business entity of the opportunity to fulfill its obligations under the contractual obligation.

That is, there are objective circumstances that have occurred regardless of the will of the party or parties and due to such objective circumstances, the party (or parties) is deprived (s) of the opportunity to properly fulfill their obligations under the contract.

It should be noted that it is not considered a case, in particular, non-compliance with its obligations by one of the parties, the absence on the market of goods necessary for the fulfillment of an obligation, the absence of the necessary funds by the party.

Usually, in contracts, the parties are determined by a separate section of the contract or a separate provision on the occurrence of force majeure circumstances, the procedure for confirming them and the consequences of their occurrence for the parties.

 
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At the same time, the current legislation of Ukraine regulates the procedure for establishing and confirming the occurrence of force majeure circumstances. Thus, the powers of the Chamber of Commerce and Industry of Ukraine include certificates of force majeure (force majeure circumstances) and the provision of supporting documents.

The Law of Ukraine "On the Chambers of Commerce and Industry in Ukraine" determines that force majeure circumstances (force majeure circumstances) are extraordinary and inevitable circumstances that objectively exclude the fulfillment of obligations stipulated by the terms of the agreement (contract, agreement, etc.), in accordance with the legislative and other regulations, namely: the threat of war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, hostilities, declared and undisclosed war, actions of a public enemy , indignation, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, uprising, riots, curfew, quarantine,established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of the relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, hurricane, flood, pile of snow, ice, hail, frosts, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of the relevant decisions and acts of state authorities, closure of the straits, embargo, prohibition (restriction) of export / import, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, hurricane, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of the relevant decisions and acts of state authorities, closure of the straits, embargo, prohibition (restriction) of export / import, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, hurricane, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.closure of sea straits, embargo, prohibition (restriction) of export / import, etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, hurricane, flood, pile of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.closure of sea straits, embargo, prohibition (restriction) of export / import, etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, hurricane, flood, pile of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.

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The Chamber of Commerce and Industry of Ukraine (CCI of Ukraine) and the regional chambers of commerce and industry authorized by it certify force majeure circumstances (force majeure circumstances) and issue a certificate of such circumstances within seven days from the day the business entity applied for the cost price. A certificate of force majeure (force majeure) for small businesses is issued free of charge.

On February 28, 2022, the Chamber of Commerce and Industry of Ukraine, taking into account the large-scale war against Ukraine declared on February 24, 2022 by the Russian Federation, decided to simplify the procedure for certifying force majeure circumstances (force majeure circumstances).

In order to deprive the mandatory appeal to the Ukrainian Chamber of Commerce and Industry and the regional chambers of commerce and industry authorized by it and prepare a package of documents during the period of martial law, on the website of the Chamber of Commerce and Industry of Ukraine posted on February 28, 2022 a general official letter of the Chamber of Commerce and Industry of Ukraine on certification of force majeure circumstances strength). This allows the appropriate confirmation to be printed out, if necessary, to all concerned.

Considering the above, providing a copy of the relevant letter of the Chamber of Commerce and Industry of Ukraine dated February 28, 2022 No. 2024 / 02.0-7.1 is sufficient evidence of the occurrence of force majeure circumstances (force majeure circumstances) for a business entity. At the same time, it should be borne in mind that such force majeure circumstances (force majeure circumstances) should deprive the enterprise of performing its duties properly.

For more information and the correct registration of force majeure circumstances as a basis for exemption from liability under the contract, please contact the contacts listed on this site.

Be under the legal protection of Law Firm "Adalet".

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