Quarantine according to the Resolution of the Cabinet of Ministers of Ukraine No.211

The main document on quarantine restrictions is the Resolution of the Cabinet of Ministers of Ukraine “On prevention of the spread of COVID-19 acute respiratory disease caused by the SARS-CoV-2 coronavirus in Ukraine” as of March 11, 2020 No. 211 (hereinafter – the Resolution). Last time we wrote about this Resolution in general in the article “The Government has significantly intensified the quarantine measures”. Restrictions of the right to freedom of movement were separately commented in the publication “Restriction of the right to freedom of movement during quarantine”.

The Resolution has been recently amended, including:

• the rule for the sale of goods that reproduce and transmit information only in specialized stores, which must have direct contracts with the telecommunications operators, has been excluded;
• the provision of dry cleaning, postal and courier services (instead of the prior formulation of a permit for “post office objects”) as well as construction, waste collection and procurement works have been allowed;
• the rule of transportation by service and leased vehicles now contains the wording “business entities that have a continuous industrial cycle” instead of the wording “objects of critical infrastructure”;
• the list of people who have reached the age of 60, but do not require self-isolation, has been extended;
• the procedure for obligatory hospitalization of persons crossing the state border to the observators (isolators) has been approved.

Separately, the Cabinet of Ministers publishes clarifications to the Resolution periodically. In particular, restrictions during the quarantine regarding the citizens over 60 have been commented on recently. Ibid, the Cabinet of Ministers sets out its vision of what belongs to objets of critical infrastructure. Another publication answers common questions on quarantine restrictions. These clarifications are not legislative acts, so they should be considered as reference material only.

Documents of the Cabinet of Ministers regarding restrictions on crossing the state border

From April 7, the state border of Ukraine may be crossed only by personal motor transport and only at the checkpoints specified in the Order of the Cabinet of Ministers of Ukraine as of March 13, 2020 No. 288-р “On the temporary closure of some border crossing points and border checkpoints and termination of pedestrian traffic in those checkpoints”. The operational map of the work of checkpoints during quarantine also works.

Furthermore, in Ukraine other governmental documents have temporarily closed checkpoints (control points) across the state border for international passenger rail, air, road (bus) connections, for example:

• air transport issues are regulated by the Resolution of Cabinet of Ministers of Ukraine as of March 23, 2020 No. 228;
• prohibitions related to the international passenger rail and bus transportation, as well as the crossing of the state border for entry into Ukraine for foreigners and stateless persons, are regulated by the Order of the Cabinet of Ministers of Ukraine as of March 14, 2020 No. 287-p;
• information on the work of checkpoints for entry into the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol may be seen in the Order of the Cabinet of Ministers of Ukraine dated March 29, 2020 No. 291-p.

Resolutions of the Chief State Public Health Officer of Ukraine

By the Order of the Cabinet of Ministers of Ukraine dated March 25, 2020, No.338-p the Deputy Minister of Health – the Chief State Public Health Officer of Ukraine was appointed as the Head of work on elimination of the consequences of a state-level natural and biological emergency related to the spread in the territory of Ukraine COVID-19 acute respiratory disease caused by SARS-CoV-2 coronavirus.

The Chief State Public Health Officer of Ukraine can adopt Resolutions that also regulate the business activities during the quarantine. For example, the Resolution as of March 30, 2020 No. 5 allows the operation of markets provided that the certain conditions shall be fulfilled (for example, the presence on the market of not more than one visitor per 20 metres of retail space). However, it should be borne in mind that at the local level (as in Kyiv, for example) markets may still be closed.

Restrictions on the territory of Kyiv city

Previously we talked about the situation with quarantine measures in Kyiv city in the article «Quarantine restrictions in Ukraine: current situation». From that moment on, additional restrictions at the local level are introduced not by the Protocol of the Permanent Commission on Technogenic-Environmental Safety and Emergency Situations of the Kyiv City Council Executive Body (Kyiv City State Administration), but by the Orders of the Head of work on elimination of the consequences of the emergency. We recommend to review their content by the following link. Furthermore, here below we have addressed some issues related to the activities of the Head of work on elimination of the consequences of the emergency.

The parallel existence of two Нeads of work on elimination of the consequences of the emergency

By the Order of the Cabinet of Ministers of Ukraine No.324-p as of March 20, 2020, the regime of emergency in Kyiv city has been established. On the same day, the Kyiv City State Administration has approved the Resolution No.488, which establishes the regional level emergency regime in Kyiv and appoints the First Deputy Head of the Kyiv City State Administration M. Povoroznik to the post of the Head of work on elimination of consequences of the emergency.

Subsequently, on March 25, 2020 the Government decided to introduce an emergency regime throughout Ukraine until April 24, 2020. The Chief State Public Health Officer of Ukraine has been appointed as the Head of work on elimination of consequences of the emergency.

The basis for establishing a regional-level and state-level emergency is the same – the spread of COVID-19 acute respiratory disease caused by the SARS-CoV-2 coronavirus. That is, since March 25, 2020 the level of emergency has been increased from regional to the state level.

However, in accordance with part 2 of Art. 75 of the Code of Civil Protection of Ukraine:

“Depending on the level of emergency, the Head of work on elimination of the consequences of the emergency shall be appointed:

1) by the Cabinet of Ministers of Ukraine in case of the state-level emergency – First Vice Prime Minister, Vice Prime Minister or Head of one of the central executive bodies or their first deputy (deputy);

2) by the Council of Ministers of the Autonomous Republic of Crimea, the regional administration, Kyiv and Sevastopol city state administrations in case of the regional-level emergency – first deputy or one of the deputies of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, Chairman of regional, Kyiv or Sevastopol state administrations”.

It follows from a literal reading of Art. 75 of the Code of Civil Protection of Ukraine, that the Head of work on elimination of the consequences of the emergency, depending on its level, is always one. This should mean that all regional Heads of work on elimination of the consequences of the emergency have lost their authority since March 25, 2020.

At the same time, the Head of work on elimination of the consequences of the emergency in Kyiv city has continued to issue orders concerning quarantine restrictions.

Currently, the last such Order as of April 4, 2020, No. 12 is in force. This Order details the restrictions set by the Resolution, but also adds new restrictions. In particular, the work of cosmetology offices and dental practice (except for emergency) are prohibited in Kyiv. However, the Chief State Public Health Officer of Ukraine did not prohibit these types of medical practice.

At present, the legislation does not provide a clear answer as to whether heads of work on elimination of the consequences of the emergency of different levels can coexist in a case of state-level emergency and how to comply with their orders if they are inconsistent to each other.

Powers of the head of work on elimination of the consequences of the emergency

Even assuming that the parallel coexistence of heads of work on elimination of the consequences of the emergency at the state and regional level is legitimate, the question arises as to whether all quarantine restrictions in Kyiv city have been established within the competence of the Head of work on elimination of the consequences of the emergency.

The Order as of April 4, 2020, No.12 has imposed a number of restrictions, in particular on the regime of entry and exit to Kyiv city, the suspension of work of certain business entities, increased requirements for the quality of food sales, special order of preventive and anti-epidemic (including disinfection) works, etc. The powers to restrict access of the population (including the special entry-exit regime) and the suspension of business entities’ activity are expressly provided for in part 7 of Art. 75 of the Code of Civil Protection of Ukraine.

However, the authority to set increased requirements for the quality of sales food services, special order of preventive and anti-epidemic (including disinfection) works is referred by Art. 30 of the Law of Ukraine “On Protection of the Population against Infectious Diseases” to the competence of local executive authorities and local self-government bodies.

That is, such restrictions should be approved by the Kyiv City State Administration. No information is currently available regarding the delegation by the Kyiv City State Administration of its powers to the Head of work on elimination of the consequences of the emergency.

The above commentary presents the general statement for information purposes only and as such may not be practically used in specific cases without professional advice.

LINK: http://kmp.ua/en/analytics/infoletters/confused-about-quarantine-restrictions/#