Analytics

Applying to the European Court of Human Rights (hereinafter – the ECHR) is currently one of the most discussed ways of potential compensation for damages caused by the russian military invasion.

Since August 19, 2022, the current legislation of Ukraine has changed. Such changes introduced an additional method of informing about the court, which considers the case, the parties to the dispute and subject of the claim, the place, date and time of the trial, by way of provision of such information using the Unified State web-portal of electronic services, including using the Portal Diia mobile application.

Find out key points that business need to know in connection with the expropriation of property or the use of enterprise capacity in martial law, as well recommendations for minimizing the possible negative consequences for business entities in an expert material prepared by GOLAW Counsel Kateryna Tsvetkova and GOLAW paralegal Ilona Myronova.

During martial law in Ukraine, a new personnel procedure may be applied to an employee – suspension of the labour agreement.

GOLAW Counsel, attorney at law Kateryna Tsvetkova explains how to suspend the labour agreement with an employee who cannot be provided with work or cannot perform it.

The Ukrainian Chamber of Commerce and Industry has officially evidenced that the military aggression of the russian federation against Ukraine is a force majeure. As a general rule, a force majeure is a ground for exemption from liability for non-performance. But does this rule apply to the salary payments?

GOLAW associate, attorney at law Nataliia Matviichuk gives the answer.

From now on, one can record the fact of property destruction and make an appropriate submission for compensation for damages resulting from war at the application “Diya”.

This service is available only to citizens of Ukraine who are owners of houses and apartments damaged or destroyed by war. If the property belongs to several owners, the submission of one co-owner at “Diya” will be enough.

In connection with the russian military aggression, more than 30 court buildings have been destroyed or damaged.

However, even under martial law, a person's constitutional right to judicial protection cannot be restricted. As a result, there have been changes in the territorial jurisdiction of cases.

So, which courts have changed jurisdiction under martial law, GOLAW Counsel Kateryna Tsvetkova and GOLAW paralegal Iloma Myronova have told.

Due to the war, many Ukrainian enterprises were forced to cease their operations. However, under martial law, it is very important to support the country’s economy and maximally maintain the production facilities and labour potential. The government has launched a program to relocate Ukrainian productions to safe areas in order to ensure the domestic enterprises` operation.

Read more about evacuation of the enterprises from a war-stricken area to a safe territory in the material prepared by GOLAW associates, attorneys at law Natalia Matviichuk and Anastasiia Klyan.

The introduction of martial law in the entire country definitely affects the conditions and the possibility of fulfilling the obligations of the parties to various commercial agreements.

In this regard, businesses are interested in possible options for exemption from liability for improper performance of duties caused by the military activities in Ukraine.

Taking this into consideration, GOLAW Partner Iryna Kalnytska analyzed whether martial law is recognized as a force majeure and whether such circumstances will lead to the release from liability for improperly fulfilled obligations.

On 24 March, 2022, the Law of Ukraine “On the Organization of Labour Relations in Martial Law” (hereinafter – the Law) entered into force. The Law provides a lot of restrictions on labour rights. Such restrictions will apply only during martial law.

GOLAW Counsel Kateryna Tsvetkova and GOLAW Associate Natalia Matviichuk have considered the adopted novelties to the labour legislation.