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7 April 2020

Strengthening the quarantine measures: restrictions of the free movement of citizens

The Resolution of the Cabinet of Ministers of Ukraine dated 2 April 2020 No. 255, “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated 11 March 2020 No. 211” (the “CMU Resolution”), introduced further measures aimed at preventing the spread of the acute respiratory infection in Ukraine caused by the coronavirus SARS-CoV-2 (COVID-19).

We have answered the most common questions about restrictions of the free movement of citizens in connection with the above CMU Resolution.

Where are you required to wear the personal protective equipment (masks, respirators)?

Starting from 6 April 2020, it is not allowed to visit public places without wearing the personal protective equipment, such as a respirator or protective mask (including self-made ones).

 What is included in the definition of a “public place”?

“Public place” is defined in the Law of Ukraine “On measures to prevent and reduce the use of tobacco products and their harmful effect on public health”. In accordance with the law, public place is any part of a building or structure, access to which is open to the public, including porches, underpasses and stadiums.

On the other hand, it is clear from the context of the CMU Resolution that the concept of “public place” applies to a much wider list of infrastructure facilities. In the City of Kyiv, the Order of the head of the emergency response at the Kyiv State Administration, dated 4 April, 2020 No. 12 (the “Order”) offered a clarification.

According to the Order, “public place” should mean, in particular:

  • all public areas, in particular, parks, recreational areas, gardens, squares, boulevards, avenues, streets, lanes, passages, pedestrian and bicycle paths
  • all premises of the state authorities and local self-government bodies, government agencies, trade and service institutions, as well as hotels, airports, and train stations
  • transport and public transport stops
  • all sites around buildings, territories of buildings and structures of engineering protection territories, territories of enterprises, institutions and organisations

The above list is not exhaustive and may vary in different regions of Ukraine depending on the relevant decisions of local authorities.

For this reason, it is advised to remain in а mask once you leave your home (or private office, etc.) as at any time you may find yourself in a place that falls under the definition of “public place”.

What other restrictions and requirements to the movement of citizens are set by the CMU Resolution?

Until 24 April 2020, it is prohibited:

  • to go outside without an ID
  • to move in a group of more than two persons (except in case of necessity or accompanying children under 14 years old)
  • for persons under the age of 14 years old to be in public places
  • to visit parks, squares, recreation areas, forests and coastal areas, with the exception of walking pets by a single person or business necessity
  • to visit sports and children’s playgrounds

All persons over 60 (as well as persons sick with coronavirus or suspected of being infected with coronavirus) must self-isolate (except for those persons over 60 years old involved in preventing the spread of COVID-19).

What is the liability for violation of the quarantine and anti-epidemic measures?

Violation of the quarantine rules entails administrative liability: a fine in the amount from UAH 17,000 to UAH 34,000 (for citizens) and from UAH 34,000 to UAH 170,000 for officials).

Violation of the anti-epidemic rules and regulations entails criminal liability: a fine from UAH 17,000 to UAH 51,000, detention for up to 6 months, custodial restraint for the term of up to 3 years or imprisonment for the term of up to 3 years.

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