COVID-19 in Ukraine: key changes in criminal and administrative liability and in activity of courts and law-enforcement agencies
Below is a digest of key changes in criminal and administrative liability, implemented by Ukraine in response to the risk of spread of COVID-2019, as well as information on the activity of courts and law-enforcement agencies during this period.
Administrative liability
Violation of quarantine rules and sanitary and hygienic regulations, sanitary and hygienic, sanitary-anti-epidemic regulations and norms, as well as decisions of municipal authorities on the control of infectious diseases provides for the fine for the citizens from UAH 17 thousand to UAH 34 thousand and for the officials – from UAH 34 thousand to UAH 170 thousand (Article 44-3 of the Code of Ukraine on Administrative Offenses).
Criminal liability
Violation of the regulations and norms, established with purpose of prevention and control of epidemic and other infectious diseases, if such actions have caused or could have caused the spread of these diseases, provides for:
- the fine from UAH 17 thousand to UAH 51 thousand;
- arrest for up to 6 months;
- restriction of liberty or imprisonment for up to 3 years.
If such actions have caused death of people or other grave consequences (given the circumstances of the case, other grave consequences may include major environmental or material damage, civil disturbances etc.), the imprisonment could last between 5 and 8 years (Article 325 of the Criminal Code of Ukraine).
Activity of courts
Formally, the courts continue to operate, however, the Council of Judges of Ukraine has informed on the possibility to postpone hearing of the cases due to the quarantine, the possibility of hearings via the video link and hearings in the absence of the parties (if there are relevant motions).
In practice, a lot of cases are suspended for an indefinite period in the courts. However, criminal cases are scheduled for hearing if a preventive measure is taken against a person or urgent investigative actions (e. g. searches) are required.
Activity of law-enforcement agencies
Citizens are not admitted save for exceptional cases. Correspondence shall be received via post, correspondence boxes and electronically. At the same time, some procedural actions are conducted despite of the quarantine (such as apprehension of persons, searches, serving of notice of suspicion etc.).
To get more information or discuss business and legal implications for your company caused by novel coronavirus outbreak please get in touch with Asters COVID-19 task force at covid19-response@asterslaw.com
