News digest for engineers for April 2020

The quarantine was extended until May 11

22.04.2020 The Cabinet of Ministers of Ukraine by Resolution №291 extended the quarantine on the entire territory of Ukraine until 11.05.2020.

We will remind that now the resolution of the Cabinet of Ministers forbids, work of business entities which provides reception of visitors, except:

• trade in food, fuel, parts and accessories for vehicles and agricultural machinery, hygiene products, medicines and medical devices, technical and other means of rehabilitation, veterinary drugs, feeds, pesticides and agrochemicals, seeds and planting material, daily milk , means of communication and telecommunications, provided that staff (including protection of face and eyes) and visitors with personal protective equipment, including respirators or protective masks, including self-made, stay in the premises of not more than one visitor per 10 square meters. meters of retail space, as well as compliance with other sanitary and anti-epidemic measures;
• carrying out activities for the provision of financial services, the activities of financial institutions and activities for the collection and transportation of currency values, as well as medical practice, activities for the manufacture of technical and other means of rehabilitation, veterinary practice, gas stations, sales, rental, maintenance and repair of vehicles, periodic tests of vehicles for road safety, certification of vehicles, their parts and equipment, maintenance of registrars of settlement operations, activities to connect consumers to the Internet, replenishment of mobile bills, payment of utilities and access services Internet, repair of office and computer equipment, equipment, supplies, household goods and personal items, postal facilities, qualified providers of electronic trust services, provided that staff (including protection of persons and persons and visitors with personal protective equipment, including respirators or protective masks, including self-made ones, as well as compliance with appropriate sanitary and anti-epidemic measures.

The situation with transportation has not changed either. Regular and irregular transportation of passengers by road in urban, suburban, intercity, intra-regional and inter-regional communication, in particular passenger transportation on city bus routes in the mode of minibus, is still prohibited, except for transportation:

• cars;
• official and / or leased motor vehicles of employees of enterprises, institutions and establishments, regardless of ownership, which provide health care, food, government and the provision of essential public services, energy, water, communications, financial and banking services , operation of transport infrastructure, defense, law enforcement and civil protection, critical infrastructure facilities that have a continuous industrial cycle, provided that drivers and passengers are provided with personal protective equipment during such transportation within the number of seats provided by the technical characteristics of transport means or specified in the registration documents for this vehicle and exclusively on the routes agreed with the National Police, as well as compliance with appropriate sanitary and anti-epidemic measures. Routes of movement of vehicles, which were approved by the authorized unit of the National Police during the quarantine period until April 24, 2020, are considered to be valid for the period of quarantine in accordance with this resolution;
• employees of institutions and establishments, regardless of ownership, which provide health care, food, government and the provision of critical public services, energy, water, communications, financial and banking services, the functioning of transport infrastructure, defense, law and order and civil protection, critical infrastructure facilities that have a continuous industrial cycle, provided that drivers and passengers are provided with personal protective equipment during such transport, in particular respirators or protective masks, including self-made ones, within the number of seats provided technical characteristics of the vehicle or specified in the registration documents for this vehicle, as well as compliance with appropriate sanitary and anti-epidemic measures in the city electric (tram, trolleybus) and motor vehicle that performs regular passenger transport. transportation on city routes.

We remind you that the Ministry of Infrastructure previously published an explanation on its website that these restrictions do not apply to special passenger transportation by road. Special are, in particular, transportation of their employees by enterprises.

Lawyer's comment:

As both administrative and criminal liability continues to apply for violations of the established prohibitions, we recommend that you comply with the established prohibitions.

Liability for damage to telecommunications networks will increase

On April 16, 2020, the Verkhovna Rada of Ukraine adopted as a basis the draft Law “On Amendments to Certain Legislative Acts of Ukraine (Regarding Strengthening the Protection of Telecommunication Networks)”, registered under №2654. The deputies also decided to reduce the term of preparation of the draft for the second reading, which will speed up its adoption.

The bill proposes to significantly increase liability for damage to telecommunications networks and equipment.

Liability is provided for intentional damage or destruction of the telecommunications network or technical means of telecommunications or telecommunications facilities that are part of the telecommunications network.

If such actions lead to the termination of telecommunications services, the violator will be prosecuted.

Criminal punishment provides a fine of UAH 17,000 to 51,000 or restriction of liberty for a term of one to three years, or imprisonment of one to ten years with confiscation of property.

Administrative fine is much milder - from 1700 to 3400 UAH for citizens and from 5100 to 6800 UAH for officials.

If adopted, the Law shall enter into force on the day following the day of its publication.

Lawyer's comment:

At present, both the criminal penalty for damage to telecommunications equipment and the administrative fine are very lenient. Instead, such equipment contains many valuable elements and non-ferrous metals, which attracts thieves. It is also not uncommon for providers to damage competitors' equipment. All this causes significant losses to both providers and users of telecommunications services. Therefore, the adoption of such a law is quite reasonable and expected.

Extended terms of the program "Available loans 5-7-9%"

15.04.2020 The Cabinet of Ministers of Ukraine adopted Resolution №283 "On Amendments to the Procedure for Providing Financial State Support to Micro-Entrepreneurship and Small Business Entities", which is designed to help enterprises conduct business activities.

What has changed?

• Previously, the application for a loan under the preferential program could be submitted by entrepreneurs whose maximum annual income did not exceed 50 million hryvnias. With the adoption of the resolution, the maximum income level increased to UAH 100 million.
• The resolution increases the maximum loan amount from UAH 1.5 million to UAH 3 million.
• The list of purposes for which entrepreneurs can take a loan has been expanded and the following conditions have been added:

• acquisition of non-residential real estate without the right to transfer such real estate for paid or free use to third parties;
• replenishment of working capital of business entities in the amount of not more than 25% from the total cost of the investment project financed by credit funds.

Also during the quarantine period and within 90 days from the date of its cancellation, the loan may be granted, in particular, for investment purposes related to the business entity's business activities for the production of medicines and / or medical devices and / or medical equipment.

We remind you that earlier in the said Procedure it was already possible to obtain a loan for the purchase of vehicles for business activities, purchase and / or modernization of other fixed assets, construction, reconstruction, repair of production facilities.

Lawyer's comment:

The described initiative of the Government gives enterprises the opportunity to gain access to cheap finances, in particular, to modernize the production base.

Increased responsibility for air pollution

13.04.2020 The Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine in order to preserve the environment to strengthen liability for actions aimed at air pollution and destruction or damage of flora", which, in particular, strengthened the criminal responsibility for air pollution by materials of industrial or other production due to violation of special rules.

The main task of the Law is to strengthen the responsibility for burning grass. However, among the accepted norms are those that may affect the business.

In particular, increased criminal liability for pollution or other alteration of the natural properties of atmospheric air by substances, waste or other materials of industrial or other production harmful to life, health or the environment due to violation of special rules, if it endangered life, health people or for the environment.

Now there is a fine of 30,600 to 61,200.

Prior to the adoption of this Law, the maximum fine was UAH 3,400.

Lawyer's comment:

Many companies in the process of their activities carry out emissions into the atmosphere. Violation of emission standards may lead to criminal prosecution of officials of the enterprise who are guilty of such violation.