You're reading: Law on force majeure in anti-terrorist operation zone takes effect on Oct. 15

The law on temporary measures for the period of holding the counterterrorist operation (ATO) passed by the Ukrainian parliament in early September has been published in the Holos Ukrainy newspaper and it took effect on Oct. 15.

According to the law, the force majeure circumstances are the following: a threat of war, armed conflict or a serious threat of the armed conflict, including (but not limited to) hostile attacks, blockades, military embargo, actions of foreign enemy, total limitary mobilization, armed hostilities, the declared or non-declared war, actions of the public enemy, insurrection, acts of terrorism, acts of sabotage, piracy and unrest.

In addition, the force majeure circumstances include invasion, revolution, revolt, rebellion, mass riots, imposing of curfew, expropriation, forced seizure, seizure of enterprises, requisition, protest marches, strikes, accidents, illegal actions of third parties, fire, explosion and long breaks in operation of transport.

The force majeure circumstances also include the closure of sea straits, embargo, ban (restriction) of exports/imports, etc, special weather conditions and disasters, that is epidemic, storm, cyclone, hurricane, tornado, flood, heavy snowing, surface icing, hail, frosts, freezing of the sea, ports, crossings, earthquake, lightning, fire, draught, soil shear, etc.

According to the law, during the term when it is in effect, the only sufficient document confirming the force majeure circumstances in the ATO zone and being the ground for exempting from responsibility for the non-fulfillment of liabilities is a certificate of the Chamber of Commerce and Industry of Ukraine, which is issued during seven days from the day the companies applied for it.

The certificate is issued free of charge to small businessmen.

The law cancels the payment of rent rates for the use of state-owned and municipal property by companies which operate in the ATO zone.

It is also banned from imposing fines for the principals of the debt under credit agreements from April 14, 2014 to Ukrainian citizens who are registered and permanently live or moved from the settlements defined in the list approved by the Cabinet of Ministers where the ATO was conducted, as well as companies and individuals-businessmen who operated on the said territory.