Restrictions for business after the quarantine: useful resources

The Ukrainian Goverment lifted a number of restrictions on economic activity during the quarantine by Resolution №343 of 04 May 2020.

Restrictions on economic activities are established both by the Government decree and by the subordinate legislation – the resolutions of the Deputy Ministry of Health - Chief State Sanitary Doctor of Ukraine dated 09 May 2020. They provide temporary recommendations of anti-epidemic measures for certain business activities which are permitted during the quarantine:

Resolution №16 (regarding the reception of visitors in office premises during permitted business activities)

№17 (regarding selling food (excluding markets) and non-food products)

№18 (regarding the activity of public catering establishments)

№19 (regarding provision of dental care service)

№20 (regarding hairdressers and beauty salons)

In addition, emergency response headquarters have been created in all regions of Ukraine and in the city of Kyiv. They can also set restrictions on the organization of business activities. Decisions of these headquarters are distributed as orders of the head emergency response. In most cases, these orders are available on the websites of local authorities.

For the city of Kyiv:
https://kyivcity.gov.ua/likarni_ta_medytsyna/

The restrictions published by the Chief Sanitary Doctor are just recommendations which is obvious according to the titles of the resolutions. However, the orders of the head of emergency response are quite straight. They do not imply arbitrary interpretation and selective use by citizens and business. At the same time, the restrictions of the head of emergency response and the recommendations of the Chief Sanitary Doctor are mostly identical.

Companies which restored business activities on 11 May 2020 should follow these rules. In addition to preventing the spread of coronavirus infection, compliance with these rules will help to avoid or minimize the risk of administrative sanctions according to Art. 44-3 of the Code of Ukraine on Administrative Offenses.
IMPORTANT: Art. 44 of the Code is a framework norm which implies liability in case of violation of rules regarding the quarantine of people, sanitary, hygienic and anti-epidemic rules and regulations, which are provided by the Law of Ukraine "On Protection of Infectious Diseases", other legislation and decisions of local authorities in charge of control over infectious diseases.

The current statistics on litigation of administrative protocols regarding the violation of the article has been mostly positive for citizens and businesses. However, this does not mean the consistency and unambiguity of the court practice, as in most cases administrative protocols were returned to the police for revision due to formal mistakes. In the future the courts are likely to become more scrupulous with regards to the entrepreneurs whose activities have been allowed during the quarantine.
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
+38 044 391 38 53, Oleksandr.Onishchenko@integrites.com
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