THE INFLUENCE OF MARTIAL LAW ON CIVIL LEGAL RELATIONS

Abstract

The article is devoted to the study of the impact of martial law on the subjects of civil law. The choice of this topic was due to the imposition of martial law in Ukraine on February 24, 2022 in connection with the armed aggression of the Russian Federation against Ukraine. It is established that the terms “force majeure”, “force majeure”, “force majeure”, “force majeure circumstances” are identical and are used in Ukrainian law as synonyms. Circumstances of unavoidable force are extraordinary and unavoidable circumstances that make it impossible to fulfill civil obligations. They occur when a person could not foresee them or foresaw them, but could not turn them away. We agree with scholars who positively assess the desire of the Ukrainian legislator to establish at least an indicative list of life circumstances that can be considered force majeure and circumstances that are not considered as such. In connection with the imposition of martial law on the territory of Ukraine, the Chamber of Commerce and Industry of Ukraine simplified the procedure for certifying force majeure and on February 28, 2022 adopted a decision confirming that hostilities are extraordinary, unavoidable and objective circumstances for all subjects. business entities and/or individuals under the contract. It is noted that on March 15, 2022 the Civil Code of Ukraine was supplemented by paragraphs 18 and 19 of the section “Final and Transitional Provisions”, which provide for exemption from liability for late payment and special procedure for calculating terms and terms for martial law. The consolidation of these provisions is an important step to protect the rights and interests of participants in civil relations. In conclusion, it is stated that the main consequence of the imposition of martial law in Ukraine for the subjects of civil law is that for the duration of its validity they may suspend the fulfillment of their obligations due to the impossibility of their fulfillment without the application of civil law, responsibility. For monetary obligations, this rule shall continue to apply for a period of thirty days from the date of termination of martial law. In addition, most of the terms provided by the Central Committee of Ukraine continue to be valid for the period during which the martial law lasted.