By Decree of the President of Ukraine “On the Introduction of Martial Law in Ukraine” No. 64/2022 dated February 24! 2022! approved by the Law of Ukraine dated February 24! 2022 No. 2102-IX! based on the proposal of the National Security and Defense Council of Ukraine! in accordance with Clause 20 of Part One of Article 106 of the Constitution The term of of Ukraine! the Law of Ukraine “On the Legal Regime of Martial Law” martial law was introduced in Ukraine from 05:30 on February 24! 2022 for a period of 30 days! in connection with the military aggression of the Russian Federation against Ukraine.
The Court of Cassation has already made conclusions regarding
The application of paragraph 18 of the Final and Transitional The term of Provisions of the Civil Code of Ukraine to obligations arising from individual contracts. In particular! it was indicated that:
The agreement on the provision of repayable violation of procures and rules financial assistance (loan) is subject to the provisions of Clause 18 of the Final and Transitional Provisions of the Civil Code of Ukraine (see the resolution of the Supreme Court composed of the panel of judges of the Cassation Economic Court of September 6! 2023 in case No. 910/8349/22 and July 6! 2023 in case No. 719/272/22! (EDRSRU No. 112058249);
the credit agreement is subject to the provisions of Clause 18 of the Final and Transitional Provisions of the Civil Code of Ukraine (see the resolution of the Supreme Court composed of the entrepreneurship startup case panel of judges of the Third Judicial Chamber of the Civil Court of Cassation dated October 18! 2023 in case No. 706/68/23 (proceedings No. 61-8279св23 (EDRSRU No. 114848858)).
The interpretation of paragraph 18 of the Final and Transitional Provisions of the Civil Code of Ukraine indicates that the legislator has provided for specific features in regulating the consequences of late performance (non-performance! partial performance) of certain monetary obligations.
This feature is manifested in:
(1) during the period of existence of special legal consequences. This is the period of validity of the state of war or emergency in Ukraine and within thirty days after its termination or cancellation;
(2) in contracts subject to specific legal consequences. These include loan agreements! credit agreements! including consumer credit agreements.