Inspections for the period of quarantine have been suspended
On March 17, 2020, the Verkhovna Rada of Ukraine adopted Law №533-IX “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Support of Taxpayers for the Period of Measures to Prevent the Occurrence and Spread of Coronavirus (COVID-19)”, which effective the day after its adoption.
The law prohibits scheduled inspections, which will be valid until 31.05.2020.
However, this prohibition has some exceptions. Therefore, it is allowed to check:
- business entities with a high degree of risk. The entity can check its degree of risk on the Inspection Portal website (https://www.inspections.gov.ua/);
- compliance with the requirements for the formation of state regulated prices (medicines and medical devices, heat supply services, services of monopoly enterprises, etc.);
- compliance with legislation in the field of sanitary and epidemiological well-being of the population. Whether the business entity is included in the plan of such inspections can be checked on the website "Inspection Portal".
It should be noted that the Law does not prohibit any unscheduled inspections.
However, the supervisory authorities may decide to terminate the inspections. For example, the State Labor Inspectorate in the Kyiv region has temporarily suspended: planned and unscheduled measures of state supervision (control); inspection visits to identify unregistered labor relations (according to the order of the Head of the State Labor Service of Ukraine №D-122/1 / 10.1-20 dated 16.03.2020).
As we can see, the government is trying to help businesses that are working in difficult quarantine conditions and a new stage of the global financial crisis. To this end, in particular, the above-described restrictions on inspections have been introduced. However, it should be understood that the ban on inspections does not apply to all inspections, including unscheduled inspections.
The Cabinet of Ministers liquidated DABI
On March 13, 2020, the Cabinet of Ministers of Ukraine adopted Resolutions №218 and 219, which provide for the liquidation of the State Architectural and Construction Inspectorate of Ukraine and the creation of three new bodies instead.
Therefore, in accordance with Resolution №218, the DABI was liquidated and replaced by the central executive body - the State Service for Urban Development of Ukraine (Derzhservisbud).
As stated on the website of the Ministry of Regional Development, the main tasks of the newly created structure are the provision (receipt, registration), refusal to issue or cancel (cancel) documents entitling to preparatory and construction works, commissioning of completed facilities.
Resolution №219 decided to create:
- State Inspectorate for Urban Development of Ukraine, as the central body of executive power, which will be assigned the function of state architectural and construction control and supervision.
- State Agency for Technical Regulation in Urban Development of Ukraine, as a central executive body that performs the function of technical regulation in the field of urban planning.
The Prime Minister of Ukraine Denis Shmygal noted that the State Inspectorate for Urban Development and the State Agency for Technical Regulation will be established in June and September this year, respectively.
As DABI continues to exercise its powers and functions, including conducting inspections, until the completion of measures to establish new services, we recommend that you follow the news and wait for the establishment of such services.
What are the prohibitions of quarantine?
16.03.2020 The Cabinet of Ministers of Ukraine by Resolution №215 established quarantine on the whole territory of Ukraine until 03.04.2020.
The establishment of quarantine provides for a number of prohibitions, including:
- work of business entities, which provides for the reception of visitors, including catering establishments (restaurants, cafes, etc.), shopping and entertainment centers, other entertainment establishments, fitness centers, cultural institutions, trade and consumer services, except for food retail , fuel, hygiene products, medicines and medical devices, means of communication, banking and insurance activities, as well as trade and catering activities with the use of targeted delivery of orders, provided that the relevant personnel are provided with personal protective equipment;
- regular and irregular transportation of passengers by road in suburban, long-distance intra-regional and inter-regional communication (except for transportation by cars);
- transportation of more than 10 passengers simultaneously in one vehicle in the city electric (tram, trolleybus) and motor transport, which carries out regular passenger transportation on city routes in the normal mode of movement;
- transportation of more than 10 passengers simultaneously in buses that perform regular passenger transportation on city bus routes in the mode of a minibus;
- transportation of passengers by rail in all types of domestic services, etc.
It should be noted that violations of quarantine rules are subject to administrative and criminal liability. The relevant law was adopted on March 17, 2020.
Therefore, violation of quarantine rules entails:
- administrative liability in the form of imposing a fine on citizens in the amount of 17,000 to 34,000 and on officials - from 34,000 to 170,000;
- criminal liability in the form of a fine of 17,000 to 51,000 or arrest for up to 6 months, or restriction of liberty for up to 3 years, or imprisonment for the same term Iif the violation caused or knowingly could cause the spread of disease.
The established prohibitions are aimed at combating the spread of coronavirus disease (COVID-19), and since serious violations are provided for their violation, we recommend, if possible, to adhere to the established prohibitions.
Permission to perform high-hazard works and to operate (use) machines, mechanisms, high-hazard equipment will be issued by the territorial body of the State Labor Service
03.03.2020 The Cabinet of Ministers of Ukraine adopted Resolution №207 "On Amendments to the Procedure for Issuing Permits for High-Hazard Work and for Operation (Application) of Machines, Mechanisms, High-Hazard Equipment".
Prior to the adoption of this resolution №207 permits were issued by both the State Labor Office and its territorial bodies. However, the resolution slightly changed this procedure and from 03.03.2020 all permits will be issued only by the territorial body of the State Labor Service at the place of state registration of a legal entity or a natural person - entrepreneur. The same applies to the procedure for extending the permit.
Also the resolution contains the updated list of types of works, cars, mechanisms, the equipment of the increased danger.
The resolution came into force on March 12, 2020, the relevant changes have already been made to the Procedure for issuing permits.
All permits that were issued before the entry into force of this resolution continue to be valid until their expiration date, ie, the resolution does not provide for a new permit. However, if you perform work and / or use machines, mechanisms, high-risk equipment that have appeared in the updated list, you need to obtain a permit. Therefore, we recommend that you read the updated list and the resolution as a whole.
Regulations on state registration of feed additives have been approved
03.03.2020 The Cabinet of Ministers of Ukraine by Resolution №210 approved the Regulations on state registration of feed additives.
The regulation defines:
- the procedure for state registration of feed additives;
- preparation and form of expert opinion (express opinion) with a recommendation on such registration or its refusal;
- simplified procedure for state registration;
- re-registration of feed additives;
- the form and procedure for maintaining the State Register of feed additives;
- maximum volumes of import (forwarding) of feed additives that are not included in the State Register of feed additives.
As we can see, the Cabinet of Ministers has decided to significantly update the procedure for registration of feed additives, as it was previously regulated by a resolution from 2007.
Resolution №210 came into force on March 20, 2020.
If your company is engaged in the production of feed additives, or their purchase, be sure to pay attention to the procedure for their registration.