Suchergebnisse

The article is devoted to the study of the category of "force majeure" and the characteristics of the exemption from liability in circumstances of force majeure. In addition, the definition of force majeure in international normative acts is studied, the categories of force majeure, irresistible force and state of emergency are compared. The regime of grounds for exemption from liability and the place of force majeure in it are considered. The peculiarities of changing and terminating the contract as a result of a significant change in circumstances in case of force majeure in accordance with the legislation of European countries and Ukraine are analyzed. The article pays special attention to the qualification of circumstances as force majeure in the context of the anti-terrorist operation and the war in Ukraine. It is concluded that the concept of force majeure has its origin in Roman law and today it is known both in the civil and common law systems. From the time of Roman law, there was both a legislative regulation of exemption from liability for the occurrence of force majeure circumstances, as well as a contractual practice of formulating exemption from liability clauses.

Climate change because of global warming is one of the major and serious contemporary environmental problems that humanity has encountered. It is global climate change that causes the glaciers to melt, which increases the level of the global ocean and can cause the disappearance of some lands or even whole countries. Ukraine, like other countries, feels the consequences of climate change, as natural disasters such as floods, storm winds, and extreme temperatures are becoming more and more frequent. Natural disasters could be a reason for forest fires and other negative effects on the environment. Thus, the subject of the study is ways and measures of states on the issue of solving environmental problems and international legal regulation in this field. The object of the study is national and international legal acts on environmental issues. The methodology of research is formed by a set of general scientific and special methods of scientific knowledge. According to the results of the study, following conclusions were drawn; global warming is one of the most serious threats to humanity, and to address this threat, it is necessary to unite States' activities that have been achieved within the United Nations when the United Nations Framework Convention on Climate Change was adopted and the annual conferences of the parties were held, that resulted in adoption of the Kyoto Protocol in 1997, and the Agreement in 2015. For today, Ukraine is also actively cooperating with the EU in the framework of the Eastern Partnership Program on the process of harmonization of Ukrainian legislation in the field of environmental law and rules governing emergency situations.