News digest for engineers for June 2020

"Adaptive" quarantine was extended until July 31

On June 22, 2020, the relevant resolution of the Cabinet of Ministers of Ukraine on the extension of quarantine on the territory of Ukraine until July 31, 2020 came into force.

The resolution was supplemented, in particular, by a clause on the work schedule of business entities.

Therefore, the relevant paragraph of the resolution recommends that business entities for the period of quarantine to make (if necessary) changes to their modes of operation in order to establish the start of work at 9, 10 or later. In particular, to establish the start of work at 10 or later hours for economic entities that carry out their activities in the following types of economic activity:

• wholesale and retail trade; 
• repair of motor vehicles and motorcycles;
• postal and courier activities;
• temporary accommodation and catering;
• insurance activity;
• education;
• provision of social assistance;
• art, sports, entertainment and recreation.

Lawyer's comment:

Please note that the ordinance still provides for the presence of personal protective equipment in public places and buildings. We will remind that for violation of this point the administrative penalty in the amount of 17 000 to 34 000 hryvnias is provided.

Source: Resolution of the Cabinet of Ministers of Ukraine "On Amendments to Certain Acts of the Cabinet of Ministers of Ukraine" №500 dated 17.06.2020

The State Labor Office has published the Minimum Safety Requirements and health at work during the operation of elevators

A draft order of the Ministry of Economy has been published on the website of the State Labor Service of Ukraine, which provides for the approval of new requirements for safety and health at work during the operation of elevators.

Today, the requirements for the safe operation of elevators are determined by the Rules of construction and safe operation of elevators, approved by the order of the State Committee of Ukraine for Industrial Safety, Labor Protection and Mining Supervision of 01.09.2008 № 190.

According to the explanatory note to the draft order, these rules are outdated and apply only in part, which does not contradict the legislation of Ukraine, in particular, contains requirements for the construction of elevators, which contradicts the legislation in the field of technical regulation.

It is expected that the implementation of the draft order will increase the level of safety of technological processes, improve working conditions, set requirements for the regulation of safe working methods of employees operating during the operation of elevators, reduce accidents, accidents and occupational diseases.

Lawyer's comment:

The website of the State Labor Office states that proposals and comments on this project are accepted within one month from the date of publication (ie, from 24.06.2020). Thus, each person has the opportunity to reasonably influence the provisions of the order and offer their vision of the requirements for the safe operation of elevators.

Source: Notice of promulgation of the draft order of the Ministry of Economy, Trade and Agriculture of Ukraine "On approval of the Minimum requirements for safety and health at work during the operation of elevators" from 24.06.2020

Law on Increased Liability for Damage telecommunications networks came into force

In previous issues of the magazine, we mentioned that the Verkhovna Rada of Ukraine plans to significantly increase liability for damage to telecommunications networks and equipment.

The relevant law entered into force on 03.06.2020.

As envisaged by the draft Law, administrative and criminal liability is established for damage to telecommunication networks and equipment. That is, if the actions of the violator led to the termination of telecommunications services, he will be prosecuted.

It will be recalled that the criminal penalty is a fine of 17,000 to 51,000 hryvnias or restriction of liberty for a term of one to three years, or imprisonment for one to eight years.

The administrative fine, in turn, provides for a fine of 1,700 to 3,400 hryvnias for citizens and 5,100 to 6,800 hryvnias for officials.

Lawyer's comment:

Since damage to telecommunications networks in practice occurs periodically, and their restoration requires effort and money, the adoption of a preventive law should protect owners from violators.

Source: Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening the Protection of Telecommunication Networks” №600-IX of 13.05.2020.

For not allowing the inspector of the State Coinspection to check you can get a criminal penalty

On June 11, 2020, the head of the State Coinspection announced this news at a press conference.

In fact, in order for the inspector's inadmissibility to end in criminal liability, the State Coinspection must obtain the status of a law enforcement body by making appropriate amendments to the Regulations on the State Ecological Inspectorate of Ukraine.

Since such changes must be approved by the Cabinet of Ministers, it should be understood that the change in the Regulations takes some time.

Why is it necessary for the State Coinspection to obtain such a status?

Very often there are situations when entrepreneurs do not allow inspectors of the State Coinspection to inspect their activities, because they know that there is no responsibility for this. Obtaining the status of a law enforcement body by the State Coinspection will give the State Coinspection the opportunity to properly perform its functions and respond quickly to complaints, because after the adoption of appropriate amendments to the Regulations, non-admission may be grounds for criminal prosecution..

At the same time, this could be another way to put pressure on business by unscrupulous inspectors.