23.03.2022
18:00

Hard times for import-dependent companies

International sanctions, the suspension of the work of foreign companies, and the actual devaluation of the ruble have dealt a serious blow to Russian business. For many companies, the execution of contracts with partners and consumers has become impossible. However, the situation may change significantly in the near future, as a special bill on the settlement of "sanctions force majeure" is under consideration by the State Duma.

"The current Civil Code of the Russian Federation exempts market participants from liability for violations that occurred as a result of extraordinary and unavoidable circumstances. These are events that could not reasonably be expected at the conclusion of the contract, avoided or overcome, as well as beyond the control of the parties. At the same time, it is stipulated that business risks are not recognized as force majeure, including violations of obligations on the part of counterparties, lack of necessary funds or goods necessary for the execution on the market."

According to Alexander Arbouzov, Partner and Head of Corporate Practice of the Duvernoix Legal law firm, the fact of the special operation itself is not force majeure, but only a certain general situation: "For example, the departure of a supplier from Russia does not release the contractor from the obligation: with due diligence, he could take this into account and buy from not the one, but from several manufacturers. Without regard to the current situation, couldn't IKEA have decided to close? So, it should have been foreseen."

nextMarch 18 - legal discussion "Redistribution of property: old and new methods of taking assets".