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COVID-19 and Quarantine: Implications for Business

COVID-19 and Quarantine: Implications for Business

Ukraine
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The list of force majeure circumstances under Ukrainian law has changed.

The legal fact of quarantine has been recently attributed to force majeure. The relevant amendments were made to the special Law of Ukraine “On Chambers of Commerce in Ukraine”. It is now possible to justify the application on the obtainment of a certificate due to quarantine.

What we recommend:

  • to change the terms of contractual obligations according to the current situation or receive appropriate force majeure certificates
  • to take into account the potential workload of CCIs
  • to resolve disputes using professional legal assistance without initiating a lawsuit

Special operation regime of the courts in Ukraine has been introduced

  • there is an option to postpone the court hearings according to the quarantine measures;
  • admission to the court hearing for persons who are not parties of the court case is limited;
  • admission to the premises of the court for persons with signs of respiratory diseases is limited;
  • parties of the case can interact with the court remotely;
  • wherever possible, litigation can be conducted without participation of the parties.

What we recommend:

  • to take into account the specific operation regime during all planned procedural actions
  • to adjust litigation strategies accordingly

Certain periods shall be suspended from the announced date of the quarantine

Terms of applying for administrative and other services and terms of providing these services, specified by some laws, shall be suspended. From the date of termination of the quarantine, these periods will be subject to prolongation taking into account the time elapsed before its termination.

What we recommend:

  • to collect evidence base for the necessary suspension and renewal of periods
  • to take the necessary measures in order to prevent the suspension in the interactions with the state bodies which are of special importance to business operations

Expected: adoption of additional legal acts regarding the suspension of the obligation to fulfill a basic obligation secured by a mortgage and to prevent foreclosure on the mortgaged property during the quarantine or restrictive measures related to the spread of coronavirus disease (COVID-19)

What we recommend:

  • to contact the appropriate creditors to resolve the situation of suspension of these obligations
  • to halt any actions which are bound with foreclosure of the mortgage property

Domestic Litigation team at INTEGRITES is ready to provide clients with full legal support on the newly introduced quarantine-related changes.

By Oleksandr Onishchenko, Partner, Integrites

Integrites at a Glance

Founded in 2005, INTEGRITES is a full-service law firm with head office in Ukraine and representative offices in Germany and the UK.

INTEGRITES is particularly sought after for its cross-border work – sophisticated deals and transactions, complex dispute resolution, and projects which require in-depth industrial expertise, as well as for comprehensive advice on current business operations.

In 19 years in the market the firm has served 1500+ clients from around the globe, including Fortune 500 companies, international financial institutions, and recognized leaders in various industries: from real estate and construction, infrastructure, and agriculture to manufacturing, pharmaceuticals, and retail.

Climate Change Task Force within the firm provides clients with comprehensive advice on projects targeted at the sustainable development of their business and the country in the context of energy transition and green technologies.

The expertise of the team has consistently received recognition globally and domestically

Managing partner of the firm, Dr. Oleksiy Feliv, received The Lawyer European Awards 2023 as top-3 European managing partner of the year. Named as Commended, Dr. Feliv became the only Ukrainian representative selected for this nomination.

In 2023-2024 Yurydychna Gazeta (Ukraine) named INTEGRITES in top-5 firms with the widest impact on the development of the Ukrainian legal services market, with Dr. Oleksiy Feliv on top of the list of the most effective law firm leaders in the country.

INTEGRITES was shortlisted for Law Firm of the Year: Ukraine award by Chambers Europe and The Lawyer in 2021 and 2022.

Since 2020, INTEGRITES has been listed by GAR100 as one of the world’s best law firms in arbitration.

Firm's website: www.integrites.com