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. Vladimir Saldo, the region’s Moscow-installed head, said: “It’s better to evacuate people in case the fighting starts to involve artillery shelling and bombing of the city, and that’s what we are doing now.In connection with the prolongation of martial law in Ukraine, the business will continue to function with certain restrictions and peculiarities. But in many cases, the only routes out are to Russia. Moscow-backed authorities have said evacuations from occupied territories are voluntary. Leaflets told evacuees that they could take the weight equivalent of two large suitcases, medicines and food for a few days. Text messages warned residents to expect shelling and said buses were being prepared for them to leave, Russian state media reported. Residents could be seen on Russian state television crowding on the Dnieper’s banks, many with small children, to cross by boats to the east – and, from there, deeper into Russian-controlled territory. What had previously been a trickle of evacuations from the city in recent days was becoming a flood. The battle for the city is a pivotal moment for both Ukraine and Russia heading into winter, when cold and difficult conditions could largely freeze front lines until the spring thaw. Ukraine’s stunning counter-offensive appears to be bearing down on Kherson, a southern city of more than 250,000 people, with industries and a major port on the Dnieper River. The move could lead to a clampdown on anti-war dissent, censorship of the free press and a further erosion of human rights, with civil liberties suspended. The decree will also provide for “temporary resettlement of residents to safe areas with the obligatory provision of such residents with stationary or temporary living quarters” and restrict free movement in and out of certain areas for people and vehicles. The martial law will give Russian authorities powers to carry out “mobilisation measures in the economic sphere” as well as well as “protection of the population and territories from natural and man-made emergencies”, according to the official government document. “We are working on solving very complex, large-scale tasks to ensure a reliable future for Russia, the future of our people,” he said. Mr Putin said the measures he was ordering would increase the stability of the economy, industry and production in support of what Russia calls its “special military operation”. What does martial law mean for the occupied regions? However, in this case, Russia is using it to attempt to gain greater control of the regions it has illegally annexed.
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