Kontakt
Klaus Kessler

Rechtsanwalt (Deutschland)
Partner
Niederlassungsleiter
Phone: +49 89 928 780 702
E-Mail

Contact
Yuri Nikolaychuk

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

6. Military aggression as force majeure

  1. Pursuant to part 2 of art. 141 of the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine" the force majeure circumstances (circumstances of irresistible force) are extraordinary and unavoidable circumstances that objectively make impossible the fulfillment of obligations envisaged by the terms of an agreement (contract, agreement, etc.), obligations provided by legislative and other normative acts.

    As follows from the above definition the circumstances will be considered as force majeure if they simultaneously meet the following criteria:

    1) they are extraordinary and unavoidable; and
    2) they objectively make impossible fulfillment of obligations.

    Enemy attacks, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war are listed in the law as possible force majeure circumstances.

    It is notable that although the above events are extraordinary and unavoidable, if they however do not directly affect the ability to fulfill obligations, or in other words do not objectively prevent fulfillment of the obligations, they cannot be considered as force majeure circumstances.

  2. Pursuant to part 1 of art. 141 of the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine" the Chamber of Commerce and Industry of Ukraine and its authorized regional chambers of commerce and industry certify the force majeure circumstances (the circumstances of irresistible force) and issue the certificate of such circumstances.

    The Chamber of Commerce and Industry of Ukraine (hereinafter - CCI of Ukraine) has recognized the military aggression of the Russian Federation against Ukraine, which resulted in imposition of martial law starting from 05 hours 30 minutes on February 24, 2022 for 30 days, according to the Decree of the President of Ukraine of February 24, 2022 № 64/2022 "On the imposition of martial law in Ukraine", as force majeure circumstances.

    At the same time, the CCI of Ukraine has simplified the procedure for certifying the force majeure circumstances by posting on its website general official letter of the CCI of Ukraine No. 2024/02.0-7.1 dated 28.02.2022 regarding certification of force majeure circumstances.

    Given that the terms of many agreements provide for the obligation to inform the counterparties regarding occurrence of the force majeure circumstances and provide documentary proof of such circumstances, the above general official letter of the CCI of Ukraine No. 2024/02.0-7.1 dated 28.02.2022 may be currently used as appropriate documentary proof of occurence of force majeure circumstances.
Rödl & Partner
Kyiv

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