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Due to periodic changes in the Resolution of the Cabinet of Ministers №211, the article is constantly updated
"Stay home!" - a slogan that is now promoted by the whole world. The rapid spread of coronavirus forces the leadership to impose a number of restrictions and prohibitions, ranging from bans on economic activities and mass events (most European countries), groups of people (Germany, Israel, Ireland) to declare a state of emergency (Kazakhstan, Portugal, Moldova) and introduction of curfew (Cyprus, Georgia, Jordan, Peru).
Ukraine is no exception. For violation of the rules on quarantine of people, the Code of Administrative Offenses was supplemented by Article 44-3, which provides for the imposition of a fine of UAH 17,000 to UAH 34,000 on citizens and from UAH 34,000 to UAH 170,000 on officials.
For 2 weeks of action of this norm in Ukraine about 3 000 protocols on administrative offenses are made.
Restrictive measures in quarantine conditions are intensifying on a daily basis, so it is necessary to closely monitor the latest changes and analyze what actions can be considered a violation of quarantine conditions.
In this article we will try to find out what economic activity is allowed under quarantine, as well as some nuances of its implementation.
Taking into account the latest changes made by the government resolution of 25.03.2020 № 239, the quarantine was extended until 24.04.2020 and the list of activities that can be carried out under quarantine was supplemented.
As we wrote above, changes to restrictions and permits are made daily. Thus, on April 2, 2020, the government expanded the list of activities that can be carried out under quarantine. The full text of the resolution is not yet available, however from the list published on the website of the Cabinet of Ministers it is seen that the expansion took place according to the same criteria as before.
In particular, only allowed activities related to meeting the daily needs of people. If it is trade, then only the goods necessary for life: food, medicines, feed, fuel, and so on. It is also allowed to carry out banking and insurance activities, medical and veterinary practice, repair of household products, etc. There are also a number of restrictions on passenger transport, but in general, access to public transport is provided to citizens.
Detailed a list of activities that are allowed to carry out during the quarantine period can be viewed lower.
At the same time, the implementation of each type of activity is allowed subject to certain requirements.
A general prerequisite for carrying out activities is the provision of personal protective equipment to employees, as well as compliance with appropriate sanitary and anti-epidemic measures.
Note* Since the virus is spread by contact with the mucous membranes of the nose, mouth or eyes, personal protective equipment in accordance with DSTU 7239: 2011 should be considered filtering devices for the face, ie masks and respirators, as well as hand protection, ie protective gloves.
With regard to passenger transport in public transport, there are restrictions on the number of passengers. If more passengers are found, an administrative offense will also be committed. However, no such restrictions have been imposed on passenger transport.
Recommendations may also be made at the local level as to what preventive and anti-epidemic measures should be followed in the conditions of work during quarantine.
In the capital, for example, to prevent the spread of the virus developed Recommendations for food trade establishments and Recommendations for enterprises, institutions and organizations where it is impossible to provide remote operation.
That is, if you sell, for example, food, but your employees are not provided with masks, gloves, antiseptics or other anti-epidemic measures (according to the above recommendations), then in the case of a police visit, a report on an administrative offense will be drawn up.
We pay attention! The employer or another employee authorized by the employer (labor protection engineer or labor protection specialist) is responsible for providing employees with personal protective equipment, so in case of drawing up an administrative report on an employee who worked without protective equipment, the report is considered to be drawn up in violation .
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Restrictive anti-epidemic measures may also be imposed by local executive bodies and local self-government bodies.
Among the recent additional measures in Kyiv, the Protocol №17 of March 23, 2020 was adopted, which imposed additional restrictions:
- the work of MAFs on the sale of shawarma, preparation and sale of coffee drinks, etc .;
- sale of alcoholic beverages for bottling and preparation and sale of coffee drinks in trade establishments is prohibited;
- introduced a mandatory "mask mode" for people who are in administrative, industrial premises and public transport.
We pay attention! When drawing up the administrative report for violation of Art. 44-3 of the Code of Administrative Offenses, a reference to the violated norm is obligatory. Therefore, if your establishment prepares and sells coffee drinks with address delivery (as required by the resolution of the Cabinet of Ministers), then prosecution for violation of paragraph 3 of the Resolution of the Cabinet of Ministers №211 is excluded.
Judicial practice
The analysis of the insignificant case law that has developed to date shows that the materials have been returned to the national police in connection with numerous violations and shortcomings.
Among the most common errors in compiling the protocol are the following:
- Lack of proper and admissible evidence: explanations of the person who allegedly purchased the goods, lack of video recording materials of the committed offense, lack of testimony of witnesses (Resolution of 25.03.2020 № 753/5355/20 Darnytskyi District Court of Kyiv).
- The person prosecuted has not been identified in accordance with the disposition of Art. 44-3 of the Administrative Code of Ukraine - as a citizen or official (Resolution of 24.03.2020 № 753/5292/20 Darnytskyi District Court of Kyiv).
- There is no evidence that the person against whom the report was drawn up "received visitors" (Resolution of 24.03.2020 № 645/1648/20 Frunzensky District Court of Kharkiv).
- It is not specified which of the listed prohibitions is violated, it is not taken into account that the person is not a business entity (Resolution of 24.03.2020 № 333/1374/20 Kommunarsky District Court of Zaporizhia).
- The essence of the committed administrative offense is not specified - it is not specified which of the prohibitions the person violated and under what circumstances (conditions) (Resolution of 24.03.2020 № 359/2462/20 Boryspil City District Court).
Thus, it can be concluded that the courts rationally approach the prosecution for violating the conditions of quarantine and provided that the guilt of the person is not proved, make an objective decision in favor of the person.
Conclusions: It is obvious that it is impossible to completely stop the work of enterprises. However, as we can see, due to numerous shortcomings in recording the fact of committing an offense, businesses manage to avoid liability. In addition, quite often the offense is absent. Therefore, provided a reasonable approach to the organization of work in compliance with anti-epidemic measures and sanitary rules, the activities of many enterprises are allowed.
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Types of activities that can be carried out during the quarantine period
- Activities related to the reception of visitors:
- Trade in food, fuel, hygiene products, medicines and medical devices, veterinary drugs, feeds, pesticides and agrochemicals, seeds and planting material, means of communication, provided that the relevant personnel are provided with personal protective equipment, as well as compliance with appropriate sanitary and anti-epidemic measures
Note * 02.04.2020 updated: sale of spare parts for vehicles, including tractors and other agricultural machinery; sale of daily young poultry.
- Carrying out of banking and insurance activity, and also medical practice, veterinary practice, activity of gas stations, activity on maintenance and repair of vehicles, maintenance of registrars of settlement operations, activity on repair of computers, household products and subjects of personal use, objects postal communication, provided that the relevant personnel are provided with personal protective equipment, as well as compliance with appropriate sanitary and anti-epidemic measures;
Note * 02.04.2020 updated: operation of all types of financial institutions, including pawnshops and credit unions.
- Trade and catering activities with the use of targeted delivery of orders, provided that the relevant personnel are provided with personal protective equipment, as well as compliance with appropriate sanitary and anti-epidemic measures.
- Activities related to passenger transportation:
- Regular and irregular transportation by cars;
- Regular and irregular transport by official and / or leased motor vehicles of enterprises, establishments and institutions, provided that drivers and passengers are provided with personal protective equipment during such transport within the number of seats and only on routes agreed with the National Police, as well as compliance with appropriate sanitary and anti-epidemic measures;
- Regular and irregular services in one city electric (tram, trolleybus) and motor vehicle engaged in regular passenger transport on city routes, the number of passengers not exceeding half the number of seats provided by the technical characteristics of the vehicle and specified in the registration documents , provided that people are transported in personal protective equipment, as well as compliance with appropriate sanitary and anti-epidemic measures, except for transportation by motor vehicles provided for in the fourth paragraph of this subparagraph;
- Regular and irregular services in one vehicle and buses that perform regular passenger services on city bus routes in the route taxi mode, the number of passengers that does not exceed half the number of seats provided by the technical characteristics of the vehicle and specified in the registration documents, for conditions of transportation of people in personal protective equipment, as well as compliance with appropriate sanitary and anti-epidemic measures;
- Arrival on the territory of bus stations of buses that carry passengers in suburban, long-distance, intra-regional and inter-regional communication, and the sale of tickets by bus station owners to road carriers that perform such transportation.
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