Emergency situation in Kyiv and regions

Kyiv City State Administration on 20.03.2020 issued Decree № 488 “On imposition of regime of emergency situation on the territory of Kyiv” (“Decree“), according to which, local level emergency situation regime have been declared in Kyiv.

According to the Code of Civil Protection of Ukraine (№ 5403-VI) (“Code“) emergency situation is an environment on the certain territory or enterprise on such a territory or water resource that is characterised by disturbance in regular conditions of vital activity of the public caused by disaster, accident, conflagration, natural disaster, epidemic, epizootic, epiphytic, employment of methods of destruction or other hazardous event, which caused (may cause) threat to life and health of the public, great number of dead and victims, significant damages, and inability of public to habit on such a territory or enterprise carrying out activity thereon.

It is important to emphasize that emergency situation does not result in suspension of activity of all enterprises automatically and does not entail restriction of rights of business and public. Emergency situation regime generally imposes special mode of work for sate bodies and system of civil protection.Meanwhile, Article 20 of the Code stipulates the objectives and obligations for businesses, which have been applicable even before the declaration of emergency situation. Considering that emergency situation regime was imposed in order to prevent the spread of severe respiratory disease COVID-19 caused by coronavirus SARS-Cov-2, the following requirements will be the most relevant for businesses:

• ensuring implementation of measures of civil protection, such as timely performance of sanitary-epidemiological measures, e.g. disinfection of offices, transfer of personnel onto remote work regime, ensuring timely response to expression of disease’s symptoms by personnel;
• providing personnel with means of group and individual protection, such as masks and antiseptics;
• training of personnel on civil protection matters, including on quarantine rules and use of means of personal protection;
• implementing measures of civil protection at the business’s own cost and expense;
• securing unrestricted access of officers of civil protection forces to the facilities of enterprise;
• observing rules of anti-epidemiological regime, including compliance with the rules and restrictions of quarantine, provision of necessary means of individual protection to personnel;
• creating and using material reserves for prevention and elimination of emergencies’ consequences.

According to the Code, organization of measures of civil protection shall be ensured by responsible persons appointed by executive officers of enterprises, in particular:

• person from the staff (provided enterprise has up to 200 employees), 
• civil protection officer (provided enterprise has from 200 to 3 thousand employees) or
• civil protection office (for enterprises listed in special category of facilities required civil protection having more than 3 thousand employees).

Procedures for civil protection matters for offices and appointed persons should be prescribed in the appropriate guidelines (it is also officer’s job description) that shall be approved by the executive officer of enterprise. Importantly, in enterprises where civil protection offices are established the Head of Office also shall be appointed. Head of Office must have academic degree and at least 2 years of professional experience in civil protection. 

Citizens of Ukraine, foreigners and stateless persons that conduct business and are registered pursuant to the law as entrepreneurs shall implement measures of civil protection personally.

Strengthening of restrictive measures in Kyiv

On March 21, 2020 Kyiv City State Administration (‘KCSA’) has approved Minutes No. 16 of Permanent commission of technogenic-ecologic security and emergencies “On prevention of spreading of severe respiratory disease COVID-19, caused by coronavirus SARS-CoV-2, and implementation of additional restrictive measures on the territory of Kyiv” (“Minutes“).Key decisions according to the Minutes:

Internal transportation by surface transport is restricted.

Starting 22.03.2020 transportation will be conducted via specially designed routes exclusively of people working in city’s vital public services, who have appropriate special tickets, identity documents and means of personal protection.

For the purposes of transportation, Public transportation service of KCSA is authorised, if required, to engage transporters of any ownership form that transport passengers by automobile surface transport.  

Police officers will control observance of foregoing rules in transport.

KCSA is strengthening control over observance of restrictive measures on the territory of Kyiv in areas of urban amenities, industry, entrepreneurship and transportation.

Grocery stores and drug stores chains starting 25.03.2020 will allow stay of customers in premises only in a number of 1 person per 10 sq.m and will have to ensure measures of sanitary safety.

Take care and stay safe!