Is it possible to rely on martial law / active hostilities / destruction of the enterprise as force majeure?

Yes, martial law, active hostilities, and the destruction of a business can be considered force majeure circumstances that release a party from liability for non-performance of obligations. According to Ukrainian legislation, force majeure (unavoidable circumstances) refers to extraordinary and unavoidable events that objectively prevent the fulfilment of obligations. Military aggression, armed conflict, and the subsequent destruction of a business premises fall under this definition.

• To confirm force majeure circumstances, a certificate must be obtained from the Ukrainian Chamber of Commerce and Industry (CCI). The CCI certifies the occurrence of such circumstances based on submitted documents that prove the impossibility of fulfilling obligations due to force majeure.
• Note that the existence of force majeure circumstances exempts a party from liability for non-performance of obligations, but not from the obligation itself. Once the force majeure situation ceases, the obligation must be fulfilled unless otherwise specified in the contract or by law.

It is also important to comply with the contractual conditions regarding notifying the counterparty of the occurrence of force majeure circumstances within the specified time and procedure. Failure to meet these conditions may deprive the right to invoke force majeure as a basis for exemption from liability.