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
