Restrictions of economic activity
How to stay up to date in the constantly changing legal environment?
We recommend finding the text of CMU Resolution № 211 "On Prevention of COVID-19 spreading in Ukraine caused by the coronavirus SARS-CoV-2", it gets amended regularly. Here is a resource for the search.

Keep track of the local regulations because most regions and cities adopt their own restrictions. Look for decisions of local councils, orders of heads of state administrations, orders of official bodies in charge of elimination of consequences of an emergency situation, decisions of executive committees of local councils. The legal drafting techniques of such regional restrictions might differ, that's why we recommend to look for local regulations by keywords, regardless of the subject.
How to understand which restrictions relate to your business?
In general, all restrictions have a validity period and can be grouped in the following way:

  • limitation of a specific type of economic activity or activity of specific entities;
  • stablishing a special regime for certain activities;
  • special exceptional conditions.

Find out whether it's not prohibited to continue business activity or whether your specific business activity is prohibited. Look for exceptions to the rule. For example, café or restaurant can be closed, but cooking and home delivery of food to may still be allowed. Try to use an analogy if you have not found a specific rule for your business. Update your monitoring on a daily basis because currently the regulation changes quite often.
How to make sure that I am not breaking the law?
Clarify and agree your understanding of the current limitations with your legal department or lawyer. Contact experienced consultants, file inquiries and ask the relevant authorities for clarifications.

Adjust the mode of operation and control compliance with the following rules:

  • permission for certain business activity in general;
  • control the health condition of the personnel (journal of temperature screening of employees, accounting of the provided personal protective equipment)
  • social distancing and regular disinfection (disinfection check-lists in the customer service areas, proofs of notifying employees regarding the anti-epidemiological rules)
  • monitoring of indoor climate
How will I be checked for compliance with anti-epidemic and other measures?
Generally, inspections are carried out by police and sometimes by special mobile groups. The members of the abovementioned groups can be not only police officers but also representatives of local authorities, the State Consumer Service and emergency services. They record violations in the protocol on an administrative offense.

If the regulatory authority draws the protocol on an administrative offense towards you for breaching the quarantine rules, it is recommended to avoid:

  • threats and insults towards police officers because these actions can have additional negative consequences in the form of, for example, administrative detention. If the police officer or representatives of other governmental authorities entitled to record violations of quarantine rules, exceed their powers, it is appropriate to mention this fact in the protocol;
  • signing the protocol because the signature only indicates that the person has read the protocol drawn up in relation to him/her. Your signature does not mean that you plead guilty or agree with the circumstances mentioned in the protocol.
Drawing up the protocol: tips to consider
  • All the protocol lines that have to be filled in by an authorized person should be filled in. If certain lines are empty (for example, there are no witnesses), there should be a dash in the relevant protocol line;
  • It is better to fill in the protocol column that should contain an explanation of the offense. You can also do this on a separate sheet of paper which will be attached to the protocol. The existence of such explanations on a separate sheet of paper should be mentioned in the protocol. It's the right of the person to provide explanations in the protocol, not the duty. Therefore, it may be mentioned that you will provide your explanations of the circumstances noted in the protocol in the court;
  • If you think that it's necessary to attach comprehensive explanations to the protocol, you should understand that by providing these explanations you identify your legal position in the case. The abovementioned position will be obligatory for your representative in court. Therefore, if you are not sure in the correctness of your actions or in the correct interpretation of the legislative norms, it is better to mention in the protocol that you will provide your explanations on the case in court;
  • The legislation does not forbid recording your communication with police officers with the help of your own technology devices. If you did make records of the communication, it should be noted in the protocol, specifying the device which was used for recording. Save the record on the device till the court hearing. It is also a good idea to mention the witnesses of these events, noting their addresses and contact numbers, as well as provide signatures of witnesses in your explanation attached to the protocol.
What are the penalties for violating restrictions and rules?
Individuals can be fined 17,000 to 34,000 UAH, while officials of business entities – 34,000 to 170,000 UAH. These penalties are set for infringements which imply no critical consequences.

If the violations caused or knowingly could cause the disease spread, criminal liability is possible. The same violations which caused death or other serious consequences will be punished by 5 to 8 years of imprisonment.
Is it possible to continue your business activity if the fine has been paid?
As long as the violation is ongoing, new penalties may be imposed. For example, if you are the owner of several stores, the manager of each store will be charged with a separate fine. Thus, the number of fines can be a multiple of the number of violations detected and the places where they were committed.
What should you do if you were fined because of quarantine violations?
There is no need to pay the fine immediately because the legality of the offense record has to be firstly considered by the court. You need to monitor the start of the court hearing regarding your violation and prepare for legal protective actions (file professional objections and collect sufficient evidence). If you have lost a lawsuit in the first instance, you need to improve the legal position for an appeal.
Domestic Litigation team at INTEGRITES is ready to provide clients with full legal support on the newly introduced quarantine-related changes.
Contacts:
Oleksandr Onishchenko, Partner

+38 067 500 7678, Oleksandr.Onishchenko@integrites.com
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