![]() ![]() Given the prolongation of martial law in Ukraine, certain features of the state registration of legal entities, individual entrepreneurs, and public organizations, as well as real estate rights and their encumbrances introduced by the Cabinet of Ministers of Ukraine, remain in force. State registration during martial law and operation of state registers lack of funds does not affect the debtor’s obligation to fulfill his monetary obligation, and should not be considered not a force majeure circumstance.Invoking force majeure as a basis for exemption from liability, the interested party must prove how exactly the military actions affected its ability to fulfill a particular obligation, that is, the existence of a relationship between the military actions that are force majeure and inability to fulfill own obligations the letter of the Chamber of Commerce dated February 28, 2022, itself is not sufficient to confirm the existence of force majeure in relation to a specific obligation.force majeure exempts from responsibility for non-fulfillment of an obligation (meaning, in particular, the payment of penalty and compensation for damages), but not from the fulfillment of the obligation itself (that is, the parties remain obligated to fulfill their obligations).The main points emphasized by the judges are as follows: In this regard, after more than 5 months of martial law in Ukraine, the courts managed to develop certain case law regarding the interpretation of force majeure circumstances in the conditions of war. on February 24, 2022, until their official end are considered extraordinary, unavoidable, and objective circumstances for business entities and/or private individuals under a contract, a separate tax and/or other obligations/undertakings, the performance of which has occurred in accordance with the terms of the agreement, contract, arrangement, legislative or other regulatory acts and the performance of which has become impossible within the prescribed period due to the occurrence of such force majeure circumstances.Īt the same time, it should be emphasized that the presence of the indicated letter of the Chamber of Commerce does not release the obligation of the parties to the contract to receive the corresponding certificate of the Chamber of Commerce to confirm the impossibility of fulfilling obligations due to force majeure. In the mentioned letter, the Chamber of Commerce confirmed that the specified circumstances from 5:30 a.m. The occurrence of force majeure circumstances is certified by the relevant letter of the Chamber of Commerce and Industry of Ukraine dated FebruNo. Force majeureĪs before, the military aggression of the russian federation against Ukraine and the introduction of martial law in Ukraine are considered force majeure circumstances. Below you will find detailed information on current financial, corporate, and labour issues for business during wartime. ![]() In connection with the prolongation of martial law in Ukraine, the business will continue to function with certain restrictions and peculiarities. ![]()
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