News digest for engineers for May 2020

The quarantine was extended until June 22

20.05.2020 The Cabinet of Ministers by Resolution №392 established the so-called "adaptive" quarantine in the relevant regions of Ukraine from 22.05. to 22.06.

The main difference between this resolution and the previous one is the possibility of easing the quarantine in the region, provided that the following characteristics are met:

• the incidence (the total number of new cases of COVID-19 in the last seven days per 100 thousand population) is less than 12 people per 100 thousand population;
• bed occupancy in health facilities designated for hospitalization of patients with a confirmed case of COVID-19 is less than 50 percent;
• the average number of tests by polymerase chain reaction and enzyme-linked immunosorbent assay is more than 12 per 100 thousand population in the last seven days.

Also, the resolution provides for 5 stages of quarantine, subject to compliance with the above characteristics, and specific dates of transition to each stage: 22.05, 25.05, 01.06, 10.06 and 15.06.

Lawyer's comment:

Despite the easing of quarantine, the resolution does not provide for the abolition of the "mask regime", for non-compliance with which liability is established.

Minimum requirements for the safety and health of workers have been published

22.04.20 The Ministry of Economic Development, Trade and Agriculture of Ukraine published a draft order "On approval of the Minimum requirements for safety and health at work in the metallurgical industry", and 22.05.20 - a draft order "On approval of the Minimum requirements for safety and health" I am a worker while performing work in seaports. "

Currently, safety in the metallurgical industry is regulated by an order from 2008, which has already lost its relevance due to changes in legislation. The new order stipulates safer and healthier working conditions.

Execution of works in seaports since 2017 (abolition of the USSR authorities on labor protection and fire safety, in particular, the Rules of labor safety in seaports) is not regulated by any regulations, so the development and adoption of a new act is urgent.

Lawyer's comment:

Since the minimum requirements specified in the orders are mandatory, we recommend that you follow the adoption of these orders, if your company carries out activities in these areas.

New rules for appealing procurement procedures

On April 19, 2020, amendments to the Law of Ukraine "On Public Procurement", adopted in September last year, came into force.

Let's talk about the basic rules of appeal provided by the new law.

From April 19, the amount of the fee for filing a complaint is differentiated:

• at the stage of submission of proposals the cost of the complaint is 0.3% of the value of the subject of procurement, but not less than 2 thousand UAH and not more than 85 thousand UAH and
• 0.6% of the value of the subject of procurement, but not less than 3 thousand UAH and not more than 170 thousand UAH - for decisions made after the opening of tenders.

Earlier, when appealing the tender documentation for the purchase of goods worth UAH 5 million, it was necessary to pay UAH 5,000, and now - UAH 15,000.

However, an interesting innovation is that from April 19 the fee for filing a complaint is returned to the complainant in the following cases:

• satisfaction or partial satisfaction of the complaint;
• leaving the complaint without consideration or terminating its consideration if the customer has eliminated the violations specified in the complaint.

In all other cases, the fee is transferred to the state budget.

The law also stipulates that a complaint cannot be withdrawn after its registration. As well as the customer now cannot cancel the procurement procedure which is appealed.

The term for consideration of the complaint up to 10 working days has also changed. But, The AMCU may reasonably extend this period to 20 working days. 

It is worth noting that for appeals against purchases that were initiated before 19.04.2020, a fee is charged in the previous amount: 5 thousand UAH - for the purchase of goods and services, 15 thousand UAH - for works.

Lawyer's comment:

If your company plans to appeal against one or another stage of procurement, we recommend that you read the new version of the Law of Ukraine "On Public Procurement" and check whether your complaint meets the new requirements of the Law.

The Cabinet of Ministers has established state regulation of prices

On May 18, 2020, the Resolution of the Cabinet of Ministers №341 of April 22, 2020 “On Measures to Stabilize Prices for Goods of Significant Social Significance, Anti-Epidemic Goods” came into force, by which the Cabinet established a list of such goods and

From May 18, if an entrepreneur plans to increase the retail price of goods from the established list by 5 percent or more against the retail price at the time of entry into force of the resolution, he will be obliged to declare a change in prices. In the future, it is necessary to declare a change in the retail price in the event of an increase of 5 percent or more against the already declared retail price.

According to the resolution №341 Declaring changes in retail prices for goods is carried out electronically by submitting information to the State Food and Consumer Service through its official website (https://price.consumer.gov.ua/) using a qualified electronic signature.

For non-compliance with the requirements of the resolution to the business entity may be applied:

1. administrative and economic sanctions provided by the Law of Ukraine "On Prices and Pricing", namely withdrawal of unreasonably received revenue, which is a positive difference between the actual revenue from the sale (sale) of goods and revenue at prices formed in accordance with the established method of regulation, and a fine of 100 percent of unreasonably received revenue;
2. administrative fine for officials in the amount of UAH 2,550.

Lawyer's comment:

If your company trades goods that are currently in high demand in the market, and plans to increase the price of this product, before making such a decision should check the availability of these goods in the list determined by the Cabinet. You may have to act in accordance with the terms of №341.

The State Inspectorate for Urban Development of Ukraine was allowed to work

In previous issues, we have already written that in March 2020, the Cabinet of Ministers liquidated DABI and provided for the creation of three new bodies, including the State Inspectorate for Urban Development of Ukraine (SMI), which should have the function of state architectural and construction control and supervision. At the same time, in fact, the new bodies did not start functioning.

And on 27.05.2020 the Cabinet of Ministers adopted a resolution "Some issues of the functioning of architectural and construction control and supervision", which allowed the State Inspectorate for Urban Development of Ukraine to begin to perform its functions and powers.

However, as noted by the Minister of Development of Communities and Territories of Ukraine Oleksiy Chernyshov, the State Inspectorate for Urban Development of Ukraine will start working from the moment the staff is filled with at least 30%, and not from May 27.

Lawyer's comment:

Because from the moment of liquidation of DABI state architectural and construction control and supervision was not actually carried out, the adoption of this resolution is the first stage in the restoration of these functions. Therefore, we recommend that you follow further announcements about the start of operation of the HOUSE.