Due to the unstable situation in Ukraine due to the introduction of quarantine, a large number of innovations have been adopted that directly affect the activities of individuals and legal entities-entrepreneurs. These innovations are restrictions on the number of hours worked per day or a general ban on the implementation of certain activities.
Of course, it is impossible to stop the work of all educational, sports or entertainment institutions, so the state by adopting resolutions of the Cabinet of Ministers and legislative changes – introduced some restrictions on entrepreneurs to reduce the likelihood of COVID-19 and maintain “peace”. In particular, in order to monitor compliance with regulations concerning restrictions or prohibitions on the activities of entrepreneurs, it was decided to carry out emergency inspections of business entities. Nephelis Lo Group will answer these questions as to how they are conducted and which bodies are authorized to conduct inspections.
As of March 23, 2020, the following legal acts were adopted that were aimed at resolving the issue of quarantine, namely: Resolution of the Cabinet of Ministers of Ukraine of March 11, 2020 № 211 “On prevention of the spread of coronavirus COVID-19 in Ukraine ”And Resolution of the Cabinet of Ministers of Ukraine № 215 of March 16, 2020.
In addition, a number of amendments were made to the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Customs Code and the Tax Code of Ukraine. However, the CCU and the Code of Administrative Offenses underwent the greatest changes, as the liability for non-compliance with the established disposition has become quite severe and can be applied to any entrepreneur who does not comply with the Cabinet of Ministers Resolutions № 211 and №215.
Regarding amendments to the Criminal Code of Ukraine:
According to the approved changes, Article 325 of the Criminal Code of Ukraine for violation of rules and regulations established to prevent epidemic and infectious diseases, as well as mass non-communicable diseases will be the following penalties: a fine of 1 to 3 thousand non-taxable minimum incomes (17-54 thousand UAH..); arrest for six months; restriction or imprisonment for three years, if such actions have led or could lead to the spread of the disease; imprisonment for a term of five to eight years if the violation of the rules of observation resulted in death or other serious consequences for third parties.
These norms will be valid for three months from the date of publication of the law.
Regarding amendments to the Code of Ukraine on Administrative Offenses:
The Code of Ukraine on Administrative Offenses was supplemented by Article 44-3, namely: violation of the rules on quarantine of people, sanitary and hygienic, sanitary and anti-epidemic rules and norms provided by the Law of Ukraine “On Protection of Infectious Diseases”, other legislation, and decisions of local governments on the fight against infectious diseases – entails the imposition of a fine on citizens from one to two thousand non-taxable minimum incomes and officials – from two to ten thousand non-taxable minimum incomes. ”
Regarding the bodies conducting inspections:
Representatives of the State Service for Food Safety and Consumer Protection, police, sanitary doctors and epidemiologists will carry out unscheduled inspections of institutions closed on the recommendation of the Ministry of Health for the period of quarantine due to the situation with the spread of coronavirus.
However, when inspecting the activities of educational, sports or food establishments in respect of which restrictions have been imposed, it should always be borne in mind that during the inspection, the rights and interests of the owner of the above institutions may be violated. This violation may consist of incorrect drawing up of the inspection report, protocol or other document certifying the inspection, as well as the powers of the inspectors themselves. It depends on the correctness and legality of its compilation, whether you, as the owner, will be prosecuted (criminal or administrative) or not.
In this regard, Neofelis Lo Group Law Firm offers you the services of lawyers who can:
- to be present during the inspection of the activity of any institution by the authorized body;
- to control the process of drawing up an act or protocol or its appeal in court;
- represent your interests during the inspection;
- provide oral or written advice on issues of interest to you;
- to represent or protect the rights and interests in court (if necessary and by separate agreement) to appeal the results of such an inspection.
If you need to contact a lawyer or attorney, call: +380669662902, +380632227822, +380504717771. The lawyers of Neofelis Lo Group JSC guarantee the protection of your rights, freedoms and interests in accordance with the law, taking into account all changes and innovations.