On February 24, 2022, the Russian Federation began a military operation against Ukraine by sending its armed forces to the state territory of Ukraine. In connection with Decree of the President of Ukraine No. 64/2022 dated 24.02.2022, martial law was introduced throughout Ukraine. The Decree of the President of Ukraine was approved by Law of Ukraine No. 2102-IX dated 24.02.2022. Later, by Decrees of the President of Ukraine No. 133/2022 dated 14.03.2022 and No. 259/2022 dated 18.04.2022, martial law was extended throughout the territory of Ukraine.
On February 24, 2022, the armed forces of the Russian Federation carried out missile and air strikes on Kyiv and the Kyiv region.
On February 25, the armed forces of the Russian Federation carried out an amphibious landing in the area of the airfield in Gostomel, that is located in the suburbs of Kyiv, 18 kilometers from the administrative border of Kyiv city.
On March 1, 2022, the armed forces of the Russian Federation occupied the right-bank northern part of the Kyiv region and began to capture the western part of the Kyiv region with the aim of taking the city under blockade.
On March 3, 2022, the armed forces of the Russian Federation occupied the left-bank northern and eastern part of the Kyiv region, approaching such a large objects as Boryspil, which is 35 kilometers from Kyiv, and blockaded the left-bank part of Kyiv.
At the same time, starting from February 24, 2022, Kyiv city became one of the main targets of the armed forces of the Russian Federation, and was subjected to daily missile and air strikes. The targets of the strikes in the city were various infrastructure facilities, including malls. At the same time, from February 24, 2022, reconnaissance and sabotage groups of armed facilities of the Russian Federation began to appear in the city, and tried both to seize various facilities and to carry out mining and undermining of infrastructure facilities that are critical for the viability of Kyiv.
Taking into account the special importance of Kyiv, and the obvious actions of the armed forces of the Russian Federation to capture Kyiv, the city authorities, starting from February 24, 2022, created a number of tough and decisive measures to prepare for the defense and counter the assault. From February 24, a strict curfew from 8:00 p.m. to 8:00 a.m. was introduced in Kyiv. At the same time, the mobilization of people to create territorial defense units was carried out, as well as equipment, personnel and materials of enterprises of various forms of ownership were mobilized for the construction of structures on the roads around Kyiv and key places of the city. Strongpoints of strengthening weapons at the entrances to Kyiv and in the city itself were created. Important infrastructural objects of the city were taken under increased permanent protection, roadblocks were constructed on all roads of the city. On March 3, 2022, taking into account the critical situation in the Kyiv region and the blockade of the city, which could have soon become complete, the constant shelling of the city, as well as the problem with automobile fuel, the city authorities approved a decision to completely restrict the movement of Kyiv public transport, ban the movement of private vehicles on bridges across the Dnipro River, suspend operations of large enterprises that do not concern critical infrastructure (for example, malls, markets, public enterprises, non-food retailers).
From March 4, 2022, Kyiv public transport stopped working. Of the Kyiv commercial enterprises, only grocery stores and pharmacies were allowed to work from 10:00 a.m. to 5:00 p.m. Financial enterprises and banks have suspended the operation of almost all their branches, while only one or two central branches were operating. Movement around the city was restricted, documents and transport were checked at the checkpoints, residents, who lived in the left-bank part of Kyiv, could not actually get access to the right-bank part, and vice versa. The city authorities, realizing the threat to the civilian population in the event of a possible city assault, required the residents to move or evacuate to safer regions of Ukraine. Evacuation trains, as well as evacuation corridors in the southern part of Kyiv and the Kyiv region, were organized, so that people owing cars could safely leave the territory. As of March 14, 2022, according to the city authorities, approximately half of the residents had left Kyiv, and by the end of March, approximately one third of the pre-war population had stayed in the city.
It is necessary to mention specificly the shelling of the city and the danger to life and health that arose as a result of the shelling, as well as the resulting need to descend into bomb shelters, in which sometimes it was necessary to spend several hours.
On March 31, 2022, the armed forces of the Russian Federation, which, despite constant shelling of Kyiv and fierce battles in the suburbs along the long front line, had never managed to break through to the city, began to withdraw from Kyiv. On April 7, 2022, the armed forces of the Russian Federation completely left the Kyiv region. At that time, approximately one-third of the residents stayed in Kyiv. The number of operating grocery stores and pharmacies decreased several times due to the shortage of medicines, food products, as well as the lack of automobile fuel. There were periodic problems with communication and the Internet.
On April 14, 2022, a decision was made to partially restore the operation of Kyiv public transport. Buses were launched on three dozen routes, and metro traffic was resumed, but with a large intervals. From April 20, 2022, the operation of various commercial enterprises and public catering enterprises, as well as industrial enterprises and enterprises of various forms of ownership, became allowed in Kyiv, and the movement of private transport became allowed on bridges over the Dnipro River. From April 26, 2022, trams and trolleybuses started their routes, the metro began to run more regularly and in a mode close to pre-war times. The curfew was extended from 10:00 p.m. to 6:00 a.m.
As can be seen from the above, life in Kyiv had been practically paralyzed for almost two months. At the cost of heroic efforts and huge losses, Kyiv survived, got out of the blockade, and, now, is starting to recover and return to life in the former regime. The APPLICANT is located in the city of Kyiv, and the APPLICANT’s management, like the management of many other enterprises in the city, helped with technical resources in preparing for the defense. At the same time it was necessary to deal with issues of correct suspension of the enterprise’s work, taking into account such unexpected problems as the absence some of the enterprise’s personnel, connected with the fact that part of the APPLICANT’s personnel was drafted into territorial defense units, another part was represented by reservists and drafted into the army, and another part was evacuated to other regions of Ukraine. There were also such problems in the city as difficulties with movement, constant shelling, due to which it was often necessary to go down to bomb shelters and spend several hours there, and the lack of proper operation of financial institutions and banks.
Currently, the management of the APPLICANT is engaged in organizing the restoration of the enterprise, which is happening with difficulty, because of lack of the experts, transport and motor fuel. In addition, there are problems getting to work (not all city transport is running yet) and functioning of the financial institutions and banks.
The Chamber of Commerce and Industry of Ukraine, as an official body of Ukraine, in its explanatory letter for subjects of economic and legal relations dated February 28 No. 2024/02.0-7.1 confirms that the specified circumstances (military aggression of the Russian Federation against Ukraine, introduction of martial law, military actions), starting from February 24, 2022 until their official end, are extraordinary, unavoidable and objective circumstances for subjects of economic activity and natural persons under a contract, a separate tax and other obligation, the fulfillment of which has come in accordance with the terms of the agreement, contract, assignment, legislative or other regulatory acts, and the fulfillment of which became impossible within the prescribed period due to the occurrence of such force majeure circumstances (circumstances of force majeure).
