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COVID-19 Ukraine Legal Update (17.03.2020)

Below is a summary of key regulatory measures and restrictions introduced by Ukraine in response to a public health challenge caused by COVID-2019. This update speaks only as of its date. As the situation is highly dynamic, we encourage our clients to approach us directly for an up-to-date guidance.

 

Immigration

  • Foreign citizens are temporarily banned from entering Ukraine.

Exceptions: foreign citizens having permanent or temporary residence in Ukraine, spouses and children of Ukrainian nationals, diplomatic and consular staff, employees of international organizations and their family members, drivers and supporting staff of cargo vehicles. Any other exceptions are subject to an approval by Ukrainian Ministry of Foreign Affairs.

  • International passenger transportation (via avia, railway and bus) is suspended, including for Ukrainian citizens.

Exceptions: national security needs, compliance with international obligations, diplomatic and humanitarian staff.

Current time limit: 3 April 2020.

  • Until further notice Ukraine suspended issuing visas for entering the country.

 

Quarantine

Quarantine measures on national level include as follows:

  • closure of educational institutions,
  • ban on mass events (over 10 people);
  • suspension of intercity and inter-regional passenger transportation via railway and bus, as well as subway transportation in largest Ukrainian cities;
  • temporary lockdown of leisure, sports, cultural, entertainment and consumer service facilities, restaurants and shops. Permitted exceptions include food and other essential product stores, pharmacies, petrol stations, telecom, banking and insurance facilities, as well as delivery services by restaurants and stores;
  • businesses, institutions and public authorities are recommended to arrange work in shifts or, if technically possible, via remote communication.

In view of the above, Ukrainian authorities are limiting in-person submissions, meetings and hearings in favor of distance services, which may affect the timeframe for local authorizations and other formal procedures.

Current time limit: 3 April 2020.

 

Coronavirus law

On 17 March 2020, a lawwas approved by Ukrainian Parliament to introduce emergency measures aimed at prevention of coronavirus spread and mitigation of its effect on Ukrainian economy. Based on the version of draft law submitted to Ukrainian Parliament on 16 March 2020, the law provides, among other things, for the following:

For the period of 3 months:

  • Purchase by public sector entities of goods, works and services to prevent and address the COVID-19 outbreak shall be exempted from e-tendering requirements. The terms of such purchases will, however, be publicly reported;
  • Medicinal products and medical devices needed for action on COVID-19 shall be exempted from import duties and import VAT and will enjoy priority customs clearance.

For the period of quarantine or other restrictive measures introduced to address COVID-19 outbreak:

  • Employers, including in public sector, may instruct their employees to work from home and may provide them with vacation, subject to employee consent;
  • Opening hours and operation mode of companies and institutions may be modified;
  • Quarantine shall suspend established timings for administrative and other services;
  • Routine inspections (audits) of business by supervision authorities shall be banned.

Indefinitely:

  • Government-imposed quarantine shall be listed as a force-majeure event that may be certified by Ukrainian Chamber of Commerce;
  • Breach of quarantine, as well as other sanitary and anti-epidemic rules and regulations, shall be subject to administrative fines of up to UAH 34,000 for general public and up to UAH 170,000 for officials. In addition, to the extent such actions caused or could have intentionally caused the spread of infection diseases, the law strengthens criminal liability for them, ranging from fines of up to UAH 51,000 to imprisonment for up to 3 years;
  • Leave without pay during Government-imposed quarantine shall be on top of the generally applicable unpaid leave limit of 15 days per year.

 

Suspension of export of anti-epidemic supplies

Exports of certain categories of anti-epidemic supplies, including medical mask and eye protection, face shields, isolation gowns and coveralls shall be subject to licensing.

Current time limit: 1 June 2020.

 

For additional information, please contact Asters Counsel Viktoriya Podvorchanska.

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