In general, the concept of "force majeure" occurs in many legal acts. Its designation uses different names, such as - "force majeure", "force majeure", "force majeure". But, as noted by the Judiciary of Ukraine, all these terms are identical in meaning.
Force majeure (French translation is a force majeure) are unforeseen circumstances that are not dependent on the will of the parties to the contract, under which it is impossible to fulfill their obligations.
The competent bodies for certifying the circumstances of force majeure are determined by law by the Chamber of Commerce and Industry of Ukraine and 25 regional chambers of commerce and industry: 24 oblast and Kyiv cities.
According to Part 2 of Article 14-1 of the CCI Law and Clause 3.1 of the CCI Regulation, force majeure circumstances (force majeure circumstances) are extraordinary and inevitable circumstances that objectively make it impossible to fulfill the obligations stipulated by the terms of the contract (contract, agreement) etc.), duties in accordance with legislative and other normative acts.
The list of circumstances of force majeure can be conditionally divided into the following groups:
- circumstances caused by exceptional weather and natural disasters;
- circumstances caused by unlawful or exceptional acts / omissions of third parties;
- the circumstances that have arisen in the light of the conditions are governed by the relevant decisions and acts of public authorities and local self-government.
NOTE, on March 17, 2020, the Verkhovna Rada of Ukraine adopted a law (No. 530-IX) amending the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine” and quarantining it in the list of force majeure.
However, the mere existence of such circumstances is not a force majeure. Such a circumstance will become force majeure only if the person proves the impossibility of fulfilling the obligations stipulated by the terms of the contract, because of it - it is necessary to certify force majeure and obtain a corresponding CCI certificate of force majeure. To do this, you should contact the Chamber of Commerce and prove the cause and effect relationship between the obligations that the party cannot fulfill and the circumstances (their result) that the party refers to as a ground for failure to fulfill the obligations.
NOTE, the obligation to prove the occurrence of force majeure is the responsibility of the applicant, who is responsible for the complete and proper filing of the statement, the accuracy of the facts, documents, information and evidence provided. And as a result of consideration of such documents, the Chamber of Commerce issues a certificate of force majeure.