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LEGAL ALLIANCE, founded in 1995, is today one of the leading Ukrainian law firms specializing in legal support to pharmaceutical companies doing business in Ukraine and CIS countries.

OUR CLIENTS represent the following industries: pharmaceuticals, medical devices, consumer goods, medicine, cosmetics, para-pharmaceuticals, chemistry, biotechnology, agriculture and food products.

LEADING ASSOCIATIONS — AIPM Ukraine, APRaD as well as the EBA Healthcare Committee have chosen Legal Alliance as their legal advisor.

KYIV CITY COUNCIL`S QUARANTINE RESTRICTIONS

Most people, business and, thus, Legal Alliance`s clients are located in Kyiv, that is why we decided to provide a summary review and recommendations on the temporary rules and procedures of movement in Kyiv, as well as discuss other issues which employees and employers may face when working during the quarantine.

Now, many regulations are being adopted in a fast-track manner, and that is why their quality, meaningfulness and consistency with other legislative documents leave much to be desired. We will have to handle their consequences a long time down the road, but even now Legal Alliance team is working on the mitigation of difficulties for its clients.

Kyiv City Council Order (Kyiv City State Administration) of March 25, 2020, No.2 and Minutes from the Meeting of the Permanent Working Group on Technogenic and Environmental Safety and Emergency Situations of March 21, 2020, No.16 introduced restrictions to fight against COVID-19.

As a result of the introduction of emergency situation related to the outbreak of epidemic infectious diseases the following was established:

1. SPECIAL CONDITIONS FOR ENTERING AND TRANSPORTATION ACROSS THE CITY INCLUDING:

  • Ban on commuter, intercity, intraregional and interregional passenger transportation accept for car traffic and official transportation;
  • Restriction of eligibility to use public transportation only by workforce that ensures Kyiv’s life sustaining activities;
  • Gateway into the city through check-points only subject to body temperature measurement;
  • Ban on entering the city for people with the signs of acute respiratory diseases;
  • Requirement to people that returned from countries with registered COVID-19 cases to provide information about location, contacts, consent to prophylaxis at the entrance to Kyiv;
  • Restricted movements of population only to those of absolute necessity (professional activities, commuting to/from work, purchasing daily needs products, to seek healthcare services or accompany disabled people);
  • Ban on events for over 10 people.

2. CONDITIONS FOR BUSINESS ACTIVITIES, ACCESS FOR PUBLIC AUTHORITIES AND USING COMMON FACILITIES THAT INCLUDE:

  • Ban on access to facilities without individual protective equipment (face masks);
  • Requirement to keep at least 1-meter distance between visitors;
  • Ban on access to facilities in case there are more people than one person per one square meter;
  • Ban on selling unprotected products (selling only in packaging);
  • Requirement to provide individual protective equipment to healthcare professionals;
  • Restricted access to administrative services centers and government bodies;
  • Cancelation of face-to-face consultations to public, and advisory, and joint meetings are called via the phone or as video conferences;
  • Ban on the use of playgrounds and sports grounds;
  • Procedure for anti-epidemic and prophylaxis measures for entities that are not able to work remotely, in particular, setting up official transportation for employees, providing individual protection equipment (face masks, antiseptics) and allowing at least 1 m distance, perform disinfection and measure body temperature.

Therefore, taking into account the mentioned restrictions, it is advisable for employers to transfer their staff to work remotely. We provided information about the possibility of such transfer without substantial changes in labor conditions in our previous material Next lawmaker`s step to minimize negative effects of the quarantine”.

In case it is impossible to set up the process of remote work taking into account the above mentioned restrictions, in particular, make stuff aware of the procedure for implementing prophylaxis measures, incoming health control, restrictions on the number of people in enclosed spaces, the need for disinfecting, reasons and grounds for employee isolation, denial of access to work, conditions for informing or referring people to the hospital; a s well as provide individual protection equipment to them. For visitors, employers should ensure the availability of antiseptics.

Please note, that a coronavirus patient may be admitted to the hospital subject to a decision from respective physician and patient`s voluntary informed consent, coercive hospitalization of such person is illegal.

According to Articles 44-3 of the Code of Ukraine on Administrative Offences, the violation of quarantine requirements, sanitary, hygiene and disease control rules and regulations calls for administrative responsibility and is subject to fine:

  • In the amount from 17 000 to 34 000 UAH for public;
  • In the amount from 34 000 to 170 000 UAH for government officials.

Moreover, the legislator made it a criminal offence (Article 325 CC of Ukraine) as:

  • 17 000 to 51 000 UAH fine up to 6 months detention or up to 3-year restraint/imprisonment for violation of the rules and regulations set out to prevent epidemic and other infectious diseases, as well as large scale non-infectious diseases (poisonings) and to fight them, if such violations caused or deliberately could cause spread of the spread of these diseases;
  • 5 to 8-year imprisonment, if the above mentioned actions led to death of people or other severe consequences.

Moreover, the legislator made it a criminal offence (Article 325 CC of Ukraine) as:

  • 17 000 to 51 000 UAH fine up to 6 months detention or up to 3-year restraint/imprisonment for violation of the rules and regulations set out to prevent epidemic and other infectious diseases, as well as large scale non-infectious diseases (poisonings) and to fight them, if such violations caused or deliberately could cause spread of the spread of these diseases;
  • 5 to 8-year imprisonment, if the above mentioned actions led to death of people or other severe consequences.

Please contact Legal Alliance via e-mail office@l-a.com.ua for more details on:

  • Proper organization of remote work in compliance with all quarantine restrictive measures;
  • Authority of different persons to check the compliance with quarantine requirements, authority and grounds for being held administrative or criminally liable.
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