FULFILLMENT OF THE CONTRACTUAL OBLIGATIONS IN WARTIME: UKRAINE'S EXPERIENCE

The introduction of the martial law by the Presidential Decree as of 24th February, 2022 No. 64/2022 significantly affected the traders, in particular, the opportunity of due and timely fulfillment of obligations

Force majeure is a contractual term that exempts the party from the liability to fulfill its obligations, if an extraordinary event prevents directly from fulfilling the obligations

Acknowledgement of the fact that non- fulfillment of the contract took place due to force majeure circumstances shall not exempt from the liability whatsoever

It was further confirmed that as of 24th February, 2022 the above circumstances shall be considered as force majeure, irreversible und objective for business entities and/or natural persons under the contract

The Letter of 28th February 2022 No. 2024/02.0-7.1 of CCI has acknowledged force majeure circumstances – the military aggression of the Russian Federation against Ukraine, which has become a reason for introduction of the martial law

At the same time, the certificate of the Chamber of Commerce and Industry confirming the existence of force majeure circumstances cannot be considered as an indisputable proof of their existence, but shall be estimated by the court critically taking into account the established particulars of the case and together with other evidences 

Force Majeure circumstances have nonprejudicial (established in advance) character, and the concerned party shall prove the fact of their occurrence and led the fact that the circumstances are force majeure for the certain case