Legislative Review

July 20 – 24, 2020. Ukraine prolongs adaptive quarantine till the end of summer

The Cabinet of Ministers of Ukraine has prolonged the adaptive quarantine in Ukraine till August 31, 2020 to prevent the peal level of pandemic and overload of health care system.

Given the epidemiological situation all regions will be divided into several areas: “green”, “yellow”, “orange” and “red” depending on the level of COVID-19 spread danger

Restrictions for “green” area:

  • in public buildings and transport: masks or respirators must be used;
  • mass events: no more than one person per 5 m2;
  • only 50% of seats must be filled in cinemas;
  • transportation of passengers only within the seats.

Restrictions for “yellow” area:

  • visits of social protection institutions where elderly people stay is prohibited, except those that provide services in crisis; all the restriction that are applied to ‘green’ area are also applicable.

Restrictions for “orange” area:

  • activities of accommodation facilities (hostels, sanatoria, etc.) are prohibited, except for hotels;
  • activities of entertainment establishments and restaurants at nights are prohibited;
  • planned hospitalization is prohibited;
  • activities of gyms, fitness-centers, cultural establishments are prohibited;
  • it is forbidden to accept new shifts in camps;
  • restrictions for mass events: one person per 20 m2 and not more than 100 people and all the restrictions for “yellow” area are applicable.

Restriction for “red” area:

  • public transport is prohibited;
  • visit to education institution is prohibited;
  • activity of cafes and restaurants is prohibited and all the restrictions for “orange’ area are also applicable.

The Cabinet of Ministers of Ukraine has adopted a resolution “Some issues of payment of rent for state property during quarantine” No. 611 of July 15, 2020. With this document, the Cabinet of Ministers established a number of easing regarding the lease of premises for the quarantine period.

Thus, tenants who use premises at airports (bars, cafes, cafeterias, etc.) are exempt from rent in the amount of 25% for the use of state real estate.

The following are exempt from rent for the use of state property in the amount of 50%:

1) tenants who use state property for accommodation:

  • cafes, bars, cafe-bars, snack bars, cafeterias that sell or do not sell goods of the excisable group;
  • restaurants, restaurants that work at night;
  • canteens, cafeterias that do not sell goods of the excisable group;
  • photocopying equipment;
  • computer clubs and internet cafes;
  • trade facilities for the sale of industrial goods (except for those engaged in the retail sale of hygiene products);
  • trade facilities for the sale of non-food products that were in use;
  • holding exhibitions of art or book products made in Ukraine;
  • exhibitions of non-food products without trade;
  • hotels;
  • transport facilities (in particular at airports);

2) domestic legal entities and individuals who are small businesses that carry out production activities directly on leased production areas (including airports);

3) subjects of cinematography, the main activity of which is film production or technical support and maintenance of film production, provided that they are entered in the State Register of Producers, Distributors and Demonstrators of Films.

List of tenants who are completely exempt from rent for the use of state property:

  • tenants who rent premises of educational institutions and science of the state form of ownership for cafes, canteens, cafeterias, provision of photocopying services, sale of non-food goods, vending machines with food, etc.;
  • tenants who rent premises for private educational institutions, state and municipal out-of-school education institutions, publishing houses of Ukrainian printed mass media, objects for sale of books and newspapers, physical culture and sports institutions, libraries, museums, etc.;
  • tenants who rent premises for the organization of concerts, consumer services, tour operators, etc.

The State Service of Ukraine on Food Safety and Consumer Protection has named the most common violations of consumer rights in the capital.

In particular, in the first half of 2020, due to violations of consumer rights, the Main Department of the State Service of Ukraine on Food Safety and Consumer Protection in Kyiv initiated the imposition of fines in the amount of UAH 7.944.111, violators paid almost UAH 1 million.

This year’s leaders of violations:

  • untimely refund of tickets for cultural and entertainment events (concerts, performances, etc.), which were canceled or postponed due to quarantine;
  • non-refund for non-provided tourist services;
  • complaints about low-quality housing and communal services;

in the field of trade:

  • discrepancy between the price list and the settlement document;
  • improper quality of goods purchased through the Internet;
  • untimely return of funds for goods of proper quality;
  • failure to provide reliable and timely product information.

The State Labor Service of Ukraine has explained for which categories of foreigners it is necessary to obtain a work permit.

The Law of Ukraine “On Employment” stipulates that employers may employ foreigners on the basis of the work permit.

The work of a foreigner without the permit will be a violation of the law and will result in liability. But there are exceptions to this rule. The work permit is not required for:

  • foreigners permanently residing in Ukraine;
  • foreigners who have acquired refugee status in accordance with the legislation of Ukraine or have received an immigration permit to Ukraine;
  • foreigners who are recognized as persons in need of additional protection or who have been granted temporary protection in Ukraine;
  • representatives of the foreign naval (river) fleet and airlines that serve such companies in Ukraine;
  • employees of foreign mass media accredited to work in Ukraine;
  • athletes who have acquired professional status, performing artists and artworkers to work in Ukraine by profession;
  • employees of emergency rescue services to perform urgent work;
  • employees of foreign missions who are registered on the territory of Ukraine in the manner prescribed by law;
  • clergy who are foreigners and temporarily stay in Ukraine at the invitation of religious organizations to conduct canonical activities only in such organizations with the official consent of the body that registered the statute (regulations) of the relevant religious organization;
  • foreigners who arrived in Ukraine to participate in the implementation of international technical assistance projects;
  • foreigners who arrived in Ukraine to conduct teaching and/or research activities in institutions of professional post-secondary and higher education at their invitation;
  • other foreigners in cases provided by laws and international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine.
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