Yesterday, the Verkhovna Rada adopted a law (draft law No. 3275), which supplemented the civil code with the following:
“From the time when the quarantine is established, prescribed by the decree of the Cabinet of Ministers of Ukraine from 11.03.2020 No. 211, and until its completion, the employer shall be exempted from payment for the use of property, in accordance with paragraph 6 of Article 762 of the Civil Code.
The law has not been signed and promulgated yet, but should be in the near future.
Part 6 of Article 762 of the Civil Code establishes:
“The lessee shall be exempted from payment for the entire period during which the property could not be used by him due to circumstances for which he is not responsible.
The quarantine is effective from March 12, 2020.
So, if due to quarantine the employer could not use the property, he is exempted from payment for it from March 12, 2020.
UPD:
In the draft law (at rada.gov.ua), “the lessee shall be exempted”.
After the President’s signature in the law (on the same rada.gov.ua) “the employer can be exempted”.
Unfortunately, we cannot explain the legal nature of the amendments made to the text of the law between its voting in the Verkhovna Rada and the President’s signature.
