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Confirmation of force majeure in the regime of temporary importation of goods
The client of Misechko & Partners Law Firm, a Ukrainian aviation company, used in its business activities the aircraft owned by them on the basis of leasing agreements and imported into the customs territory of Ukraine in the temporary import regime under the obligation to re-export.
On February 24, 2022, in connection with the military invasion of the Russian Federation, in accordance with the requirements of the Air Code of Ukraine and the Regulations on the Use of Ukrainian Airspace, the bodies of the unified civil-military system and the State Aviation Service of Ukraine took measures to close the airspace of Ukraine to civilian airspace users, and the provision of air navigation services in the airspace of Ukraine was suspended.
As a result, the evacuation of aircraft is not possible until the end of martial law or significant changes to improve the security situation for civil aviation flights.
According to Article 481(6) of the Customs Code of Ukraine, exceeding the period of temporary importation of personal and commercial vehicles into the customs territory of Ukraine by more than thirty days, as well as the loss of these vehicles, including their dismantling, shall result in a fine of ten thousand tax-free minimum incomes or confiscation of such vehicles.
Given that the war in Ukraine has been officially recognized as a force majeure event, according to the letter of the Ukrainian Chamber of Commerce and Industry No. 2024/02.0-7.1 dated February 28, 2022, the only grounds for suspension of the penalties is the relevant certificate of the Chamber of Commerce and Industry.
By exercising its right to obtain a certificate, Misechko & Partners applied to the Chamber of Commerce and Industry on behalf of the client to certify the force majeure circumstances that made it impossible to fulfill the obligations to return the aircraft transport.
Having considered the application, the Chamber of Commerce and Industry issued to the client of Misechko & Partners the relevant certificates of force majeure, which certified the fact that the war in Ukraine was the basis for the breach of obligations to return the aircraft.
Legal support for the project was provided by attorney Iryna Usichenko.