War-Related Force Majeure: What a Store Should Do About a Contract, Debt, and Advance Payment

If war has made it impossible to perform a contract, the party that breached it must prove the link between a specific event and the unperformed obligation, and notify the business partner in a timely manner. Proven force majeure may release a party from liability for a specific breach, including a fine or penalty. Martial law or a certificate from a chamber of commerce and industry, by themselves, do not cancel delivery, payment, or the refund of an advance, or extend contractual deadlines.

A store should review the contract, gather documents about the event and its consequences, and then decide what to do next: perform the contract, agree on a different deadline, demand the goods or a refund of the advance, or terminate the obligation on a proper legal basis. If paid-for goods have not been transferred on time, as a general rule the buyer chooses between receiving the goods and getting the advance refunded. Before demanding a refund, check whether the supplier has already performed its obligation to transfer the goods and who bore the risk of their accidental loss.

When a war-related event is force majeure for a contract

Force majeure means extraordinary and unavoidable circumstances that objectively make a specific obligation impossible to perform. Article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine” lists military actions, hostile attacks, blockades, forced seizure of property, fires, explosions, and other events among these circumstances. For a contract, the key question is how the event affected delivery, payment, or another obligation.

A party relying on force majeure must explain what it had to do, by what date, which event prevented performance, and how long the obstacle lasted. It must also show why the available ways of performing did not make it possible to meet the deadline. Merely referring to hostilities in the region is not enough.

Lack of funds, the unavailability of the required goods on the market, or a breach by your supplier do not, by themselves, release you from liability under Article 617 of the Civil Code of Ukraine (CCU). A higher purchase or delivery cost also does not prove that performance became impossible.

Check the timeline separately. If a party was already late before the war-related event occurred, a later event does not explain the earlier breach. Under Article 612 of the CCU, a debtor already in default is also liable for impossibility of performance that accidentally occurs after the default began.

For a contract made during the war, assess whether the specific event or its consequences were foreseeable. The date the contract was signed does not decide the issue by itself. The Rules of the Chamber of Commerce and Industry of Ukraine (CCI) require proof that the circumstances were extraordinary, unforeseeable, and unavoidable, and that they caused the impossibility of performance.

Absence of fault also requires evidence. Under Article 614 of the CCU, a party must show that it took all measures within its control to perform properly, unless the contract or law provides a different liability rule. Lack of intent does not rule out negligence. An agreement that cancels or limits liability for an intentional breach is invalid under the law.

Where to start: the contract, deadlines, and notice

The store owner or employee responsible for the contract should first gather the contract and all appendices, orders, specifications, and amendments. Check each individual obligation: the delivery date for a particular batch may differ from the contract’s overall term.

1. Identify who must do what and by when. Check whether the obligation depends on an advance payment, provision of an address, acceptance of goods, or another action by the business partner.
2. Find the force majeure clause: which events it covers, how it affects deadlines, and what evidence it requires.
3. Check the deadline, method, and address for giving notice, as well as any separate deadline for submitting a certificate or other evidence.
4. Read the consequences of not following the procedure. The contract may expressly provide that late notice means the party loses the right to rely on force majeure.
5. Check whether the contract permits suspension of performance, withdrawal, or termination after an obstacle has lasted for a certain period.

If the deadline for an obligation is not set, or is set by reference to the date a demand is made, as a general rule Part 2 of Article 530 of the CCU gives the debtor seven days from the date the demand is made. The contract or a special legal provision may set a different procedure; in some cases, performance is due immediately. These seven days are not a universal deadline for force majeure notices or refunds of every advance.

Notify the business partner without waiting for a certificate

Send notice within the time and by the method specified in the contract. If no deadline is specified, notify the other party promptly after the circumstances arise. For reciprocal performance, Article 538 of the CCU also expressly requires timely warning of the other party if you know in advance that you will be unable to perform your obligation.

As a practical matter, the notice should include:

• the contract number and date, and the relevant specification or order;
• the specific obligation and deadline you cannot meet;
• the event, when it began, and how it affects performance;
• the measures you have already taken and alternatives you have checked;
• the evidence available and information about documents still being prepared;
• a proposal for next steps, such as partial delivery, a new deadline, or settlement.

This is a recommended notice format. Include any information required by your contract. Keep a copy of the notice and attachments, and proof of sending and delivery. If the contract specifies an address and communication channel, use them; an additional phone call does not replace the agreed procedure.

Giving notice of an obstacle and submitting a certificate are different actions. In case No. 905/541/16, the Supreme Court emphasized that if the contract does not expressly provide that late submission of a certificate causes the loss of the right to rely on force majeure, lateness does not automatically have that consequence. The party must still notify its counterparty on time and meet any other agreed requirements.

What evidence a store should gather

Documents should prove both the event itself and its effect on the specific contract. You can ask the accountant to gather payment records and delivery notes, the person responsible for the warehouse to document the goods and damage, and the manager or lawyer to gather the contract, notices, and proposals sent to the business partner.

Choose documents that fit the circumstances. This list does not mean that every applicant must obtain every document mentioned. Prepare a timeline: the performance deadline, when the obstacle began, notices, attempts to perform, partial performance, and when the obstacle ended. This makes it easier to compare the dates with the documents.

How to get a CCI force majeure certificate

Force majeure is certified by the CCI of Ukraine and regional chambers authorized by it. The certificate relates to a specific contract and obligation whose deadline has arrived and which has become impossible to perform. A separate set of documents must be attached to each application.

The general letter issued by the CCI of Ukraine on February 28, 2022 does not replace individual certification of circumstances under your contract. However, a certificate is not the only possible evidence in court, nor does it have predetermined evidentiary weight. The court assesses it together with the other evidence and determines whether the event actually made the specific performance impossible.

Choose a chamber and prepare the application

First check whether the contract names a specific chamber. If the parties expressly named the CCI of Ukraine, a regional chamber does not replace it under the general rule in the Rules. Likewise, the CCI of Ukraine must take account of a contract clause that expressly names a regional chamber.

If a regional chamber is temporarily unable to perform this function, clause 4.3 of the Rules provides for applying to the CCI of Ukraine or another nearest regional chamber. This is possible if it does not conflict with the contract, or if the parties agree in writing.

For contractual obligations, use the application under Appendix No. 1 to the CCI Rules. State the unperformed obligation, its deadline, the circumstances, when they began and how long they affected performance, the evidence, contact details, and your preferred method of receiving the certificate. If the obstacle is ongoing, say so without guessing when it will end.

For a business application, prepare:

• a completed and signed application and an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (USR);
• the contract and its appendices, plus documents confirming the scope and deadline for performance;
• originals or duly certified copies of documents about the event and its effect on the contract;
• a signed proposal for a service acceptance certificate, in two copies and using the chamber’s form;
• proof of payment if the service is payable and the applicant is not entitled to a statutory exemption;
• documents required for your chosen method of receiving the certificate.

The last item depends on who will collect the documents and how. For the head of a legal entity, the form requires a copy of the appointment order. If a representative will collect the documents, include the original power of attorney authorizing them to collect the force majeure certificate and one counterpart of the service acceptance certificate, and to sign the service acceptance certificate. For ordinary postal delivery, the form specifies an A4 envelope with a return address and stamps for the applicable postage rate. An individual entrepreneur (IE) does not need to prepare an order appointing themselves as the head.

The seal field in the form does not create a general legal requirement to have a seal. If you do not use one, agree with the chamber on how to submit signed documents. Check the authority of the person signing the application and supporting documents.

Free certificate for small businesses

Part 1 of Article 14-1 of Law No. 671/97-ВР expressly provides that the certificate is free of charge for small business entities. For other applicants, the law provides for issuance at cost. IE status or describing your business as a “small store” is not, by itself, enough to prove that you qualify for the exemption.

Item 16 of the published application form refers to Article 55 of the Commercial Code, which has been repealed. Article 1 of the Law on the Development of Small and Medium-Sized Entrepreneurship also refers to that code. The accounting classification of enterprises has its own scope, so the category shown in financial statements does not, by itself, establish entitlement to a free certificate.

Before paying, contact the competent chamber in writing. Refer to Part 1 of Article 14-1 of Law No. 671/97-ВР and provide your organizational form, actual revenue, and number of employees. Ask the chamber to specify the current legal basis for determining your status, the documents it accepts, and how to complete item 16 of the application.

Provide the documents you have about tax accounting, revenue, and employees that are relevant to your type of business, as well as confirmation that you filed reports, if applicable. Do not prepare a report that the law does not require from you merely because the form mentions it. Keep the chamber’s reply and proof that it accepted the documents for a free certificate.

If the chamber issues an invoice, ask in writing before paying which services it covers and why the exemption has not been applied. A free certificate does not automatically mean that all additional services are free.

The Rules provide for standard and expedited processing, and for an additional certificate in a foreign language at the applicant’s request. A coefficient of 2 applies to paid expedited services; for an additional certificate in a foreign language, the coefficient is 3 under standard processing and 5 under expedited processing. Confirm the final amount and services under the tariff of the selected chamber, taking account of any entitlement to an exemption.

Processing times and receiving documents

Law No. 671/97-ВР requires a certificate to be issued within seven days from the date a business entity applies. Clause 6.7 of the CCI Rules separately specifies seven working days for considering an application from such an applicant. These are different formulations; the deadline in the Rules does not replace the statutory deadline. Before applying, confirm the processing procedure and expected response date with the chamber.

The Rules also specify a period of 21 working days for individuals. An IE applying about a business contract should not automatically be placed in this category simply because the applicant is a natural person.

Submit the full set of documents and keep proof of submission and the incoming registration number. The chamber may request originals for inspection, additional explanations, or evidence. Under clause 6.8 of the Rules, it may postpone consideration in writing so you can supplement the documents, for up to 21 working days. Respond within the deadline in the request: failure to provide the material may result in refusal.

After a positive decision, the certificate and a signed copy of the service acceptance certificate are sent or issued using the selected method. Proof of payment is required for a paid service; the statutory exemption for small businesses still applies. Submitting an application and paying do not guarantee that a certificate will be issued. If the evidence is insufficient, the chamber will notify you that consideration has been postponed or that the application has been refused. After correcting the deficiencies, the applicant may apply again.

Check the contract, obligation, and period stated in the certificate you receive. If the circumstances are ongoing and it is not possible to establish an end date, the document does not automatically certify the entire period of the war that follows. Clause 6.12 of the Rules allows an applicant to apply on general grounds for the subsequent period after the circumstances end, from the day after the certificate is issued until the obstacle ceases.

Damaged goods: check when they were transferred and who bore the risk

Before demanding a refund of an advance because the goods were destroyed, establish whether the seller had performed its obligation to transfer them to the buyer. Article 664 of the CCU sets out the following rules unless the contract specifies a different time:

• If the seller must deliver the goods, the obligation is performed when the goods are handed to the buyer.
• If the buyer collects the goods at their location, the obligation is performed when the goods are placed at the buyer’s disposal. To do this, the goods must be ready for transfer by the deadline and at the proper location, the buyer must be notified, and the goods must be identified as intended for this contract, for example by marking.
• If the seller is not required to deliver the goods or transfer them at their location, the obligation is generally performed when the goods are handed to the carrier or postal organization for delivery to the buyer.

Also check who bore the risk of accidental destruction or damage. Under Article 668 of the CCU, that risk passes to the buyer when the goods are transferred unless the contract or law provides otherwise. There is a separate rule for goods sold while in transit: risk passes when the contract is made unless the contract or trade usage provides otherwise.

There is also specific protection for the buyer. If the contract transfers risk to the buyer when the goods are handed to the first carrier, a court may, at the buyer’s request, find that term invalid. To do so, it must be established that when the contract was made the seller knew or could have known that the goods had been lost or damaged, but did not notify the buyer.

Therefore, the fact that goods were damaged in transit or at a warehouse does not by itself establish who must bear the loss. Compare the contract, transfer records, notice that the goods were ready, and the date of the event. If the supplier has already performed its obligation and the risk passed to the store, there is no automatic right to a refund of the advance solely because the goods were accidentally lost.

When a store can demand the goods or an advance refund

If the seller received an advance but did not transfer the goods by the agreed deadline, Part 2 of Article 693 of the CCU allows the buyer to demand either the paid-for goods or a refund of the advance. Under Article 712 of the CCU, the general rules on sale and purchase apply to business supplies unless the contract or law provides otherwise, or the nature of the relationship implies otherwise.

Choose what you are demanding and notify the supplier in writing. For a refund, specify the amount, taking account of any part already performed, the legal basis, and the refund deadline. Keep proof that you made the demand. The refund period depends on the contract and the applicable law; check how Article 530 applies to the specific monetary obligation.

A possible release from a penalty does not mean the supplier may keep an advance for goods it has not transferred. At the same time, Article 693 cannot automatically be applied to an advance for rent, services, or work: determine the rules that apply to those contracts.

Part 3 of Article 693 provides for interest on an advance under Article 536, from the date the goods were due until the goods are actually transferred or the money is refunded. The contract may provide for interest from the date the advance was received. The rate must follow from the contract, the law, or another act of civil legislation. You cannot automatically apply the 3% annual interest rate under Article 625 here.

If the supplier refunds the money on its own, but the store still wants the goods, send an unequivocal objection and demand for delivery without undue delay. In case No. 911/969/24, the Grand Chamber of the Supreme Court linked acceptance of a returned advance without objection to termination of the obligation by agreement of the parties. In that case, the money was refunded after the contract expired, and the buyer did not object for a long time. This conclusion does not give sellers a general right to unilaterally cancel any delivery by refunding the money.

If the buyer needs the goods themselves

As a general rule, payment of a penalty and compensation for losses do not release the debtor from performing the obligation in kind—that is, from actually transferring the goods. The contract or law may provide otherwise.

If the seller refuses to transfer goods that have been sold, Article 665 of the CCU allows the buyer to withdraw from the sale and purchase contract. For an item identified by individual characteristics, the buyer may also demand its transfer under Article 620 of the CCU. This means a specific item that can be distinguished from others, for example by a unique serial number.

The right to claim such an item from the debtor is lost if the debtor has already transferred it to a third party for ownership or use. If it has not yet been transferred, priority belongs to the creditor whose right arose earlier. If that cannot be determined, priority belongs to the person who filed a claim first.

Article 622 of the CCU also provides for cases where a party is released from performance in kind: the creditor refuses to accept performance that is no longer of interest to them because of the delay; the parties agree on and transfer substitute performance; or the creditor lawfully withdraws from the contract under Article 615. Substitute performance is money or other property agreed by the parties and transferred to terminate the obligation. Under Article 600 of the CCU, the parties determine its amount, timing, and transfer procedure.

Which amounts may still be payable

To assess a business partner’s demand, separate the principal amount from additional charges. Different grounds and rules apply to each.

Fines, default penalties, and losses

A penalty is money or other property that the debtor must transfer because of a breach. A fine is calculated as a percentage of the amount of an obligation that was not performed or was performed improperly. A default penalty is charged for each day a monetary obligation is overdue.

From August 28, 2025, paragraph 2 of Part 3 of Article 549 of the CCU, added by Law No. 4196-IX, provides that at the creditor’s request, a default penalty for an overdue monetary obligation is payable at twice the National Bank of Ukraine (NBU) discount rate for the relevant period. The contract may set a lower amount; the absence of a contractual default penalty clause does not, by itself, remove this statutory basis. However, under Article 5 of the CCU, the new rule does not create liability for periods before that date. For older contracts and debts, determine which rights and obligations arose after that date, and assess earlier periods under the contract and the laws that applied to them.

For contractual monetary relations involving enterprises and IEs, Law No. 543/96-ВР must also be considered. Contractual default penalties are calculated on the overdue payment, and the amount may not exceed twice the NBU discount rate for the relevant period. The calculation must account for the number of days and any rate changes: the full double annual rate is not charged for each day.

This law’s limit applies to default penalties in the relationships it specifies. It is not a general limit for fines, losses, or charges under Article 625. The law does not regulate penalties for late tax payments and the other budget payments specified in it, or the liability of entities that transfer money through payment systems.

The right to a penalty does not depend on whether the creditor has suffered losses. Interest is not charged on the penalty itself. If the debtor proves grounds for release from liability under Article 617, the creditor is not entitled to a penalty for that breach, as provided in Part 3 of Article 550 of the CCU.

A court may reduce a penalty if it significantly exceeds the losses and there are other material circumstances. This is a separate mechanism, and the relevant request must be justified. The fact of war alone does not guarantee a reduction.

The creditor must prove the amount of losses. As a general rule, under Article 623 of the CCU they are determined using market prices on the date the demand is voluntarily satisfied—or, if it is not satisfied, on the date the claim is filed—in the place where the obligation was to be performed. The contract or law may provide otherwise; the court may also take account of prices on the date of its decision. For lost income, the creditor’s efforts to obtain it are taken into account.

As a general rule, the full penalty is recovered regardless of compensation for losses. The contract may provide a different arrangement: compensation only for losses exceeding the penalty, recovery of the penalty only, or the creditor’s choice between the penalty and compensation for losses. Payment of penalties does not by itself end the principal obligation.

Monetary debt and the special exception for loans

Under Article 625 of the CCU, inability to perform a monetary obligation does not release the debtor from liability for it. At the creditor’s request, the debtor must pay the overdue debt adjusted for inflation and 3% annual interest, unless the contract or law sets a different interest rate. Proven force majeure does not automatically cancel these charges.

For an advance refund, first establish when the obligation to refund the money arose and when it became overdue. Interest on an advance under Articles 536 and 693 and charges under Article 625 have different legal grounds. Do not calculate all of them from one date without checking.

A separate wartime exception is provided by clause 18 of the Final and Transitional Provisions of the CCU for a loan or credit provided by a bank or another lender. During martial law or a state of emergency, and for 30 days after it ends or is lifted, the borrower is released from liability under Article 625 and from penalties for delay in performing that monetary obligation. The credit provider must write off penalties and other contractually stipulated charges accrued for late payment starting February 24, 2022.

This exception does not write off the principal amount of a loan or credit and does not automatically cancel ordinary interest for the use of funds. It does not apply to payment for delivered goods or to a supplier’s refund of an advance.

How to take the other party’s actions into account

Check whether the debtor could have performed without an action by the business partner. If the buyer refused to accept goods properly offered for delivery or failed to take a necessary action, this may constitute creditor delay under Article 613 of the CCU. In that case, the debtor is not in default if the creditor’s conduct made performance impossible.

If the creditor failed to do something the debtor needed in order to perform, performance may be postponed for the duration of the creditor’s delay. During that time, a debtor with a monetary obligation does not pay interest. Compensation for losses caused by the creditor’s delay also depends on the creditor’s fault: the creditor may prove that neither it nor the persons who were supposed to accept performance were at fault.

If a breach occurred through the creditor’s fault, the court reduces losses and penalties accordingly. The court may also reduce them if the creditor intentionally or negligently contributed to an increase in losses or failed to take steps to reduce them. It is therefore useful for a store to document its proposals to accept an available part of the delivery or agree on another way to perform.

Article 538 of the CCU allows a party to suspend reciprocal performance or refuse it in part or in full if the other party fails to perform its obligation, or there are obvious grounds to expect that it will not perform on time or in full. Reciprocal performance means that your contractual obligation depends on the business partner performing its obligation. This rule may apply, for example, to an advance payment and delivery.

As a general rule, reciprocal obligations are performed at the same time unless the contract or civil legislation provides otherwise, or the nature of the obligation or trade usage implies otherwise. If one party has already performed its obligation despite the other party’s failure, the other party must perform its own. Article 538 does not allow a party to suspend all payments merely because war is taking place.

How to extend a deadline or terminate a contract

A contract is binding on the parties. A unilateral change to its terms or refusal to perform an obligation is allowed only if the contract or law permits it. Force majeure does not, by itself, set a new delivery date. If the contract already provides a mechanism for extending a deadline due to specified circumstances, check its requirements.

Agreement between the parties

If both parties are willing to change the terms, record the agreement in the same form as the contract unless the contract or law provides otherwise, or trade usage implies otherwise. For a legal entity, an authorized person must sign the document.

The agreement should specify:

• the new deadline, place, or scope of performance, or the date the obligation will end;
• what portion of the goods has already been delivered and paid for;
• what will happen to the advance, including the amount, deadline, and method of final settlement;
• what the parties have agreed about penalties, losses, and other claims;
• which documents each party must give the other.

The obligation changes or ends when the parties agree, unless they specify otherwise or a different result follows from the nature of the change. If a court changes or terminates the contract, the obligation changes or ends when the relevant decision becomes legally effective. The mere expiry of the contract does not release a party from liability for a breach committed while it was in force.

Termination does not automatically give either party the right to demand the return of everything performed before termination: Part 4 of Article 653 of the CCU allows return if the contract or law provides for it. For an advance paid for goods not transferred, check Article 693. If the legal basis for holding property has ended, Article 1212 may apply, but war or delayed delivery alone does not establish that the basis is absent.

Impossibility of performance and unilateral withdrawal

Under Article 607 of the CCU, an obligation ends if performance has become impossible because of circumstances for which neither party is responsible. All requirements must be established for the specific obligation. A temporary obstacle, increased cost, or loss of one warehouse, without assessing the remaining circumstances, does not prove that the delivery obligation has ended. A CCI certificate does not establish this by itself either.

The special rule in Article 625 must be considered for monetary obligations. If the obligation to deliver goods has ended, the treatment of money already received must be assessed separately.

Unilateral withdrawal may be exercised on a specific ground in the contract or law. If delay means performance has lost its value to the creditor, Article 612 allows the creditor to refuse to accept it and, where the legal requirements are met, demand compensation for losses. A lawful withdrawal does not release the party at fault from liability for an earlier breach. There is no universal 30-, 60-, or 90-day period after which every contract automatically ends because of force majeure.

Material change in circumstances

A material change in circumstances under Article 652 of the CCU may be grounds to change or terminate a contract. This means a change such that, if the parties could have foreseen it, they would not have entered into the contract or would have agreed to different terms. First, the parties may agree, unless the contract provides otherwise or the nature of the obligation implies otherwise.

If they cannot agree, all four conditions must be proved to terminate the contract through the courts:

1. When the contract was made, the parties assumed that this change would not occur.
2. The interested party could not remove the causes of the change after they arose, despite acting with due care and prudence.
3. Performance would upset the balance of property interests and deprive that party of what it had expected.
4. The nature of the contract or trade usage does not indicate that the interested party bears the risk of this change.

A court’s power to change a contract is further limited to exceptional cases: termination would be contrary to the public interest or would cause the parties harm significantly greater than the costs of performing the changed contract. When terminating under Article 652, the court determines the consequences at a party’s request, taking into account a fair allocation of performance costs.

A separate ground for a court to change or terminate a contract under Article 651 is a material breach by the other party: the harm caused significantly deprives the business partner of what it expected. In that case, it may also claim losses caused by the change or termination. Each of these grounds requires its own evidence.

Illustrative example: a warehouse is damaged after an advance payment

All facts in this example are fictional. A store paid a supplier UAH 30,000 for goods due by October 20, 2026. The contract requires the supplier to deliver the goods to the store. The goods had not been transferred before the warehouse was damaged, and the risk of their accidental loss had not passed to the store.

On October 15, the supplier’s warehouse was damaged in an attack. Under the example’s contractual requirement, a party must notify the other party within two working days. The supplier must meet that deadline and use the agreed method of notice, keep proof of delivery, and provide the documents it has. The contract determines how working days are calculated.

To establish force majeure, the supplier must show exactly which goods were damaged, how this made this delivery impossible, whether real alternatives were available, and how long the obstacle lasted. A report about warehouse damage alone is not enough to establish all these points.

If neither the contract nor the law extends the deadline, and the parties do not agree to do so, the store may demand a refund of UAH 30,000 under Article 693 of the CCU if the goods are not transferred on time. A possible release from liability for a penalty does not write off this amount. Without additional facts, warehouse damage also does not prove that the obligation ended under Article 607.

How to reconcile supplier deliveries and payments in Torgsoft

Before demanding an advance refund or agreeing on final settlement, compare the transactions recorded in your accounts with the contract, delivery notes, and bank records. In Torgsoft, open «Оплата → Баланс з партнерами» (Payments → Balance with partners), select the supplier, and click «Картка взаєморозрахунків» (Settlement account card). Set the analysis period and click «Оновити» (Refresh).

The card shows dates and transaction types, the accounting center, cash register or account, increases and decreases in the debt, and the opening and closing balances for the period. Check the report settings: the «Не враховувати накладні “під реалізацію”» (Do not include “for sale on consignment” delivery notes) toggle affects whether such delivery notes are included for suppliers, while «Не показувати автоматичні операції» (Do not show automatic transactions) excludes automatic payments from the report list and printout.

Use the card to check amounts and find discrepancies in recorded transactions. The legal basis for a refund, the payment deadline, and whether force majeure applies are determined by the contract and the evidence. The procedure is described in the Torgsoft guide to settlements with suppliers.

Official sources

• Civil Code of Ukraine No. 435-IV: Article 5; Part 2 of Article 207; Articles 525–526, 530, 536, 538, 549–552, 600, 604, 607, 610–617, 620, 622–625, 629, 631, 651–654, 664–665, 668, 693, 712, 1212; clause 18 of the Final and Transitional Provisions.
• Law of Ukraine “On Chambers of Commerce and Industry in Ukraine” No. 671/97-ВР: Article 14-1—definition of force majeure, certification, issuance deadline, and the free certificate for small businesses.
• Law of Ukraine “On Liability for Late Performance of Monetary Obligations” No. 543/96-ВР: preamble, Articles 1 and 3—scope and limit on contractual default penalties.
• Law of Ukraine “On the Specifics of Regulation of the Activities of Legal Entities of Certain Organizational and Legal Forms During the Transitional Period and Associations of Legal Entities” No. 4196-IX: points 1 and 3 of Article 17—bringing the law into operation and repeal of the Commercial Code.
• Law of Ukraine “On the Development and State Support of Small and Medium-Sized Entrepreneurship in Ukraine” No. 4618-VI: Article 1—cross-reference concerning the definition of small business entities.
• Law of Ukraine “On Accounting and Financial Reporting in Ukraine” No. 996-XIV: Part 2 of Article 2—scope of application of enterprise accounting classifications.
• Rules for Certifying Force Majeure Circumstances by the CCI of Ukraine and Regional CCIs, approved by resolution No. 44(5) of December 18, 2014: clauses 4.1–4.3, 6.1–6.9, 6.12, 6.14–6.15, 7.1–7.6—chambers’ authority, documents, application review, evidence, certification period, and services.
• Appendix No. 1 to the CCI Rules—application concerning contractual obligations: items 7, 15, and 16—evidence, attachments, and proof of applicant status.
• Judgment of the Commercial Cassation Court’s Joint Chamber of February 6, 2026 in case No. 910/881/24: paragraphs 65–71—causal link, assessment of evidence, and the CCI’s general letter.
• Supreme Court notice about its judgment of May 1, 2026 in case No. 905/541/16—timely notice to the business partner and later submission of a certificate.
• Supreme Court notice about the Grand Chamber judgment of February 18, 2026 in case No. 911/969/24—the buyer’s choice and consequences of accepting a returned advance.
• Supreme Court digest of case law on force majeure circumstances: section 1.6, pages 36–37, conclusions in case No. 910/8741/22—contract performance and charges under Article 625 of the CCU.