The Supreme Court Published a Digest on Force Majeure as a Ground for Release from Liability for Breach of Obligations

The Supreme Court of Ukraine has published a digest of its case law on the application of force majeure circumstances as a ground for exemption from liability for breach of contractual obligations. The digest covers court decisions entered into the Unified State Register of Court Decisions (USRCD) from 2018 through May 2025, according to the Supreme Court’s press service.

With the beginning of russia’s full-scale invasion and the introduction of martial law, businesses have faced new challenges in conducting economic activity. Constant shelling, loss and destruction of property, damage to infrastructure, occupation of territories, power outages, and logistical difficulties have all negatively affected the operations of businesses and caused problems in fulfilling contractual obligations.

These circumstances have impacted both the party unable to perform its obligations and the counterparty that did not receive proper performance. Accordingly, over the past two years, the issue of releasing a party from negative consequences — namely, from liability for non-performance or delay in performance due to force majeure circumstances — has become particularly relevant.

What constitutes proof of force majeure?

How does force majeure differ from a material change of circumstances?

What is considered proper notice of force majeure?

Are military actions and martial law deemed force majeure circumstances?

These and other legal conclusions can be found in the digest.

The Supreme Court has paid particular attention to resolving complex issues arising in certain types of contractual obligations — such as amending public procurement contracts, reducing rent for the use of state property, and terminating mortgage obligations in the event of force majeure. It also addressed issues in other legal relationships — including labour relations (e.g., exemption of an employer from salary payments where production facilities are located in the ATO zone) and tax relations (e.g., exemption of taxpayers from liability for delays in registering tax invoices or suspension of penalty accrual in foreign trade transactions due to force majeure circumstances). The digest summarises the legal conclusions formulated by the Grand Chamber of the Supreme Court and the Cassation Courts (Administrative, Commercial, and Civil), providing a comprehensive overview of the approaches to the application of force majeure provisions.