THE IMPACT OF MARTIAL LAW ON THE PERFORMANCE OF COMMERCIAL CONTRACTS IN UKRAINE: ISSUES OF LAW ENFORCEMENT

Abstract

The article examines the specific impact of the martial law introduced in Ukraine on the performance of commercial contracts. The legal nature of force majeure circumstances in contractual relations is analyzed, and the main approaches to their interpretation in the context of armed conflict are identified. Particular attention is paid to the transformation of the balance between the principle of mandatory performance of obligations and the principle of fairness under extraordinary conditions.

The article focuses on the analysis of legislative changes aimed at adapting contractual regulation to the conditions of martial law, including the application of the Law of Ukraine "On the Legal Regime of Martial Law," the currently effective Commercial Code of Ukraine (valid until August 2025 with a transitional period introduced), and the practice of the Ukrainian Chamber of Commerce and Industry regarding the certification of force majeure circumstances. Mechanisms for proving the impossibility of performing commercial obligations in court and procedural aspects of establishing the causal link between the impact of martial law and the breach of contract are examined.

Based on a review of court decisions from 2022–2025, key trends in the resolution of disputes over the recognition of martial law as a force majeure circumstance are identified. Typical problems in the judicial consideration of such cases are outlined: lack of sufficient evidence, failure of the parties to comply with contractual notification requirements, and disputes over the actual impact of hostilities on the ability to perform contractual obligations. The role of the localization of military actions and the sectoral specifics of contractual relations in the assessment of force majeure circumstances is emphasized.

The study also addresses the need to ensure a balance between protecting the interests of the parties to a commercial contract and the general principles of legal certainty and predictability. The conclusion highlights the relevance of developing unified approaches to the interpretation and proof of force majeure during martial law and the necessity of improving contractual mechanisms in the face of prolonged extraordinary situations.