Klaus Kessler

Rechtsanwalt (Deutschland)
Phone: +49 89 928 780 702

Yuri Nikolaychuk

Rechtsanwalt (Ukraine), Dipl.-Jur., LL. M., Steuerberater
Associate Partner
Phone: +380 (44) 586 23 03

1. Martial law

Under martial law, business operations should continue as usual, to the possible extent, until special orders are received from the authorized authorities.
According to the Decree No 64/2022, in connection with the imposition of martial law in Ukraine temporarily, for the duration of the legal regime of martial law, temporary restrictions of the rights and legitimate interests of legal entities may be introduced to the extent necessary to ensure the possibility of introducing and implementing measures of the legal regime of martial law provided by the first part of Article 8 of the Law of Ukraine "On the Legal Regime of Martial Law".

Restrictions imposed in Ukraine for the period of martial law:
General mobilization: The Decree of the President of Ukraine No. 69/2022 of February 24, 2022 introduced general mobilization for the military service in Ukraine. It is carried out within 90 days from the entry into force of this Decree. Conscripts and reservists are subject to mobilization.

  1. Restrictions for leaving Ukraine: For the period of martial law, male citizens of Ukraine aged from 18 to 60 years old are restricted on departing Ukraine. This restriction does not apply to persons:

    - having a certificate of deferment from conscription and notification of enrollment in the special military register,
    - the conclusion of the military-medical commission on unsuitability,
    - who maintain three or more children under 18 years of age,
    - who maintain a child with a disability,
    - who are the adoptive parent, guardian or whose immediate close relatives perished or disappeared during the antiterrorist operation.

  2. Curfew: a prohibition on being on the streets and other public places during a certain period of the day without specially issued permits and certificates has been introduced. It is imposed depending on the situation in a particular region (for example, in the city of Kyiv a curfew is valid from 20:00 p.m. to 7:00 a.m., in the city of Lviv - from 22:00 p.m. to 6:00 a.m.; in the city of Kharkiv and Kharkiv region - from 18:00 p.m. to 6:00 a.m.).

In addition, the following measures of the legal regime of martial law may be introduced:

  • employees may be mobilized for the military service, including for the performance of labor duty. Persons whose health condition does not allow them to perform the labor duty, as well as women with children under three years old and pregnant women, if there is a threat of harm to their health, may not be involved in the performance of labor duty;
  • use of capacities and labor resources of enterprises, institutions and organizations of all forms of ownership;
  • forced alienation of property that is in private or communal ownership with prior or subsequent reimbursement of its value;
  • restriction of freedom of movement of citizens, foreigners and stateless persons, as well as movement of vehicles, inspection of documents of individuals, inspection of vehicles, luggage, cargo, office premises and housing of individuals;
  • prohibition/restriction of the choice of temporary location or place of residence of persons in the territory where martial law and other measures have been introduced.
Rödl & Partner

Mykoly Pymonenka Street 13
Building 1B, office 31
04050 Kyiv

Phone: +380 (44) 586 23 03
Fax: +380 (44) 586 23 04
E-Mail: kiew‎@‎roedl.com
Website: www.roedl.net/ua