Publication date: 06.07.2024
Legal mechanisms for preserving business during martial law
Under martial law in Ukraine, many businesses face numerous challenges that threaten their operations. Loss of property, disruption of supply chains, market instability and other force majeure circumstances force businesses to look for effective ways to protect and preserve their assets. The correct application of legal mechanisms can be a decisive factor for the survival and stability of a company.
The topic of preserving business under martial law has become critically important for Ukrainian entrepreneurs since the beginning of the full-scale invasion. Let us consider several examples that demonstrate the relevance of this issue:
1. A restaurant chain in Kyiv:
The owners of the chain faced a sharp drop in attendance and an inability to fulfill their lease obligations. Thanks to legal assistance, they were able to:
- Revise the terms of the lease agreements, referring to force majeure circumstances
- Temporarily re-profile some of the facilities to provide catering services for the military and volunteers
- To legally formalize a temporary reduction in staff with the possibility of rapid staff restoration
These measures allowed us to preserve our core business assets and partially continue operations.
2. A manufacturing company in Kharkiv region:
A plant producing construction materials was under threat of seizure. Legal support helped:
- Quickly and legally organize the evacuation of key equipment
- Prepare documents for temporary suspension of operations
- Develop a legal strategy to protect property rights in case of occupation of the territory
Thanks to these actions, the company managed to preserve its main production facilities and resume operations at a new location.
3. An IT company in Dnipro:
The company faced the problem of mass departure of employees abroad. Legal assistance helped to:
- Develop flexible employment contracts for remote work from abroad
- Resolve taxation issues when a team from different countries works together
- Ensure the protection of the company's intellectual property in the new environment
These measures helped to retain the team and continue the implementation of projects.
4. An agricultural enterprise in the south of Ukraine:
The farm was under the threat of losing its crops due to the hostilities. Legal support was provided:
- Legally correct execution of contracts with the military for the protection of the territory
- Development of mechanisms for the quick sale of crops in case of approaching hostilities
- Preparation of documents for obtaining state support under martial law
These steps allowed us to minimize risks and continue our operations.
5. A network of pharmacies in the frontline area:
The company faced problems with logistics and staff safety. Legal assistance helped to:
- Develop legal mechanisms to ensure continuous operation under fire
- Obtain special permits for the movement of vehicles with medicines under curfew conditions
- Establish a legal framework for the rapid opening of temporary drug distribution points
These measures ensured the continuation of critical activities in difficult conditions.
These examples demonstrate that legal mechanisms for maintaining business under martial law are extremely important for Ukrainian entrepreneurs. They allow them to:
- Adapt business processes to new realities within the legal framework
- Minimize the risks of losing assets and personnel
- Provide a legal basis for continuing operations in extreme conditions
- Use government programs to support business in times of war
- Protect property rights and intellectual property
Given the ongoing state of war in Ukraine, this topic remains critically important for businesses of all sizes and industries. It requires constant updating of knowledge and adaptation of legal strategies to the changing conditions of wartime.
The legal services provided by Legal Marketplace Consultant LLC are aimed at supporting businesses in these difficult conditions by providing legal analysis of the situation, preparation of attorneys' requests and other important legal services.
1. Legal opinion on the situation
Case 1: Protection of company assets
Ivan Petrovich, the owner of a medium-sized furniture manufacturing company, faced the risk of losing his assets due to the impending hostilities. Our lawyers conducted a legal analysis of the situation and provided a legal opinion on the necessary measures to protect the property.
- Legal analysis of the situation: research of the legislation governing the procedure for evacuation and preservation of property during martial law.
- Legal opinion: development of recommendations for the safe storage of assets, including the conclusion of contracts with security companies and property insurance.
2. Drafting a lawyer's request
Case 2: Renewal of supply contracts
Maria Sergiyivna, the head of a trading company, faced the termination of key supply agreements due to force majeure. Our attorneys helped her draft a lawyer's request to the counterparties to resume cooperation on new terms.
- Drafting a lawyer'srequest: a detailed description of the force majeure circumstances, legal justification of the claims and proposals for revising the terms of the contracts.
- Analysis of the situation by a lawyer: study of contracts and legislation on force majeure, preparation of a legal opinion.
3. Legal advice online
Case 3: Registration of temporary business relocation
Oleksiy Andriyovych, the owner of an IT company, had to temporarily relocate his business to a safe region. Our experts provided online legal advice on the legal aspects of relocation.
- Online legal advice: a video conference with detailed explanations of the legal procedures required for business relocation.
- Written legal advice: provision of written documentation with recommendations on how to obtain a temporary registration in a new location.
4. Legal analysis of the situation
Case 4: Making insurance payments
Elena Vladimirovna, a restaurant owner, suffered significant losses due to shelling. Our lawyers helped her obtain insurance payments by conducting a legal analysis of the situation and preparing the necessary documents.
- Legal analysis of the situation: studying the terms of the insurance contract, analyzing the losses and preparing the evidence base.
- Legalopinion: a written report with recommendations for filing an application for insurance payments and support of the process.
5. Written legal advice
Case 5: Protection of intellectual property
Mykola Ivanovych, the owner of a startup, faced the problem of illegal use of his intellectual property by competitors. Our lawyers provided written legal advice with recommendations on how to protect his rights.
- Written legal advice: a detailed analysis of the situation, a legal opinion and recommendations for filing a lawsuit.
- Online legal advice: an online consultation was held to discuss further steps.
The importance of timely legal assistance
Timely recourse to professional lawyers can avoid many problems and significantly increase the chances of a successful resolution of the case. For example, Ivan Petrovich, thanks to timely legal advice, was able to protect his assets and ensure the security of his company. Maria Sergiivna resumed cooperation with suppliers, which helped to avoid stopping the business. Legal Marketplace Consultant LLC provides a wide range of legal services, including legal opinion, analysis of the situation by a lawyer, writing a lawyer's request, online legal advice and written legal advice.
Conclusion.
Maintaining a business during martial law is a complex task that requires a professional approach and in-depth knowledge of the law. Legal Marketplace Consultant LLC offers comprehensive legal services, including legal analysis of the situation, drafting of lawyer's requests, online legal advice and written legal advice. Turning to our specialists, clients receive qualified assistance that allows them to effectively protect their business and ensure its stability in difficult conditions.
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