On April 3, 2020, the Cabinet’s website published an updated text to prevent the spread of COVID-19, which approved a list of introductions that enhance quarantine activities for the population but are more loyal to certain areas of business.

The innovations came into force on Monday 6 April 2020 and raise many controversies and questions. Let’s try to understand with the lawyers.

Which has been banned since 6 April 2020

Since April 6, 2020, the Government of Ukraine has introduced several additional restrictions to enhance the effectiveness of the established quarantine regime.

Additional restrictions apply, first of all, to the movement of individuals and their stay in public places.

In particular, as of April 6, 2020, Ukraine is prohibited from:

1) stay in public places without wearing personal protective equipment, including a respirator or protective mask, including self-made ones;

2) movement of more than two persons by a group of persons, except in cases of official necessity and escort of persons under 14 years of age with parents, adoptive parents, guardians, guardians, foster parents, caregivers, other persons according to law or adult relatives.

“Also, from 06.04.2020, the work of business entities, which provides for the reception of visitors, including catering establishments (restaurants, cafes, etc.), shopping and entertainment centres, other entertainment establishments, fitness centres, cultural establishments, commercial and consumer services. As is clear from the above wording, the list of economic entities is not exhaustive – the main criterion here is “reception of visitors”. – comments Mikhail Goncharuk, lawyer, managing partner of Honcharuk & Partners JSC. – “The exceptions specified in the Government’s decision do not provide for the possibility of operating furniture salons.”

How will innovation affect the work of enterprises?

“Undoubtedly, innovations affect the work of businesses, although in this case we are talking about new restrictions, which are not so much a ban on the work of certain enterprises as the issue of moving people, in particular – the transfer of employees to work or from work.” – said Oleg Dorofeev, lawyer, partner of Legiteam.

How should businesses arrange transportation of workers?

“It all depends on what kind of businesses we are talking about. Critical infrastructure undertakings have been granted exemptions for the movement of employees by their own or rented transport on routes specially coordinated with the National Police. However, the caveat is that the list of such critical infrastructure enterprises is rather limited and, unfortunately, the enterprises of the furniture industry do not belong to it. – adds Mr Dorofeev. – Considering that while the movement of passenger cars, service cars and/or rented motor vehicles is not prohibited by the employees of the enterprises, and the restriction on the movement of more than two persons does not apply to the transfer of official necessities, I would recommend transporting the workers to a private (proper enterprise). persons, own or leased) by road. I emphasize that in this case, the restriction on the number of displaced persons does not apply since it is a question of displacement for official purposes. That is, if the design of the car allows, there can be 4 and 6 people in the car (everyone should use personal protective equipment – masks or respirators) ”.

Are there restrictions on the transfer of employees in long-distance traffic?

At present, CMU Resolution No. 255 of April 2, 2020, prohibits the regular and irregular carriage of passengers by road in urban, suburban, long-distance, inland and inter-regional traffic, in particular passenger transport on city bus routes in the mode of the shuttle bus.

However, transportation of persons by car is allowed. When transporting passengers using transport owned or leased by the enterprise, the number of passengers must correspond to the number of passenger seats provided by the technical passport for the vehicle. All passengers must be provided with personal protective equipment.

We will remind that according to the Law of Ukraine “About motor transport” from 05.04.2001 № 2344-III the car is the car which by the design and the equipment is intended for transportation of passengers with the number of seats for seating not more than nine with a seat of the driver inclusive.

Is it possible to arrange the transportation of workers in groups and in what quantity?

Yes, since the ban does not apply to passenger car transportation provided that the following conditions are met:

1) the presence of drivers and passengers during the carriage of personal protective equipment;

2) the number of passengers in a passenger car only within the number of seats provided by the vehicle’s technical characteristics;

3) observance of appropriate sanitary and anti-epidemic measures (sanitary treatment of the car interior will not be superfluous).

Do additional documents, other than ID, require employees on the commute from home to work?

Regulations on the introduction of quarantine in Ukraine do not set requirements for the presence of documents confirming the purpose of being on the street, in public places or private transport.

According to the provision of clause 16 of the Cabinet of Ministers of Ukraine Resolution No. 255 (hereinafter – Decree) of April 2, 2020, it is prohibited from April 6, 2020, to be on the streets without identity documents, certifying citizenship or its special status.

“If the transfer of employees is by car, then in addition to the ID, car passport and driver’s license, we are also advised to have a travel letter stating the route and purpose of the transfer – this will be proof that the person (possibly together with others) in the car) is moved for business purposes ”– recommends lawyer Oleg Dorofeev.

The list of identity documents set out in Article 13, paragraphs 1, 2, of the Law of Ukraine “On the Unified State Demographic Register and documents confirming the citizenship of Ukraine, certifying the person or his special status” is exhaustive and is not subject to extended interpretation.

Therefore, the following documents are:

1) identity documents and certificates of citizenship of Ukraine:

a) passport of the citizen of Ukraine;

b) a passport of a citizen of Ukraine for travel abroad;

c) diplomatic passport of Ukraine;

d) the service passport of Ukraine;

(e) the identity of the seafarer;

e) crew member certificate;

f) identity card for return to Ukraine;

g) temporary citizenship certificate of Ukraine;

2) documents certifying the person and confirming his special status:

a) driver’s license;

b) stateless person’s identity card for travel abroad;

c) permanent residence permit;

d) temporary residence permit;

e) migrant card;

e) refugee certificate;

e) the refugee’s travel document.

The necessity of any other documents is not envisaged by the Resolution.

“ However, if you live and work in different localities, we recommend that you bring a certificate from your place of work. – adds Oleksandr Pinchuk, lawyer, managing partner of the Dominion Law Firm. – The strange wording of paragraph 16 of the aforementioned prohibition order from April 6 to be undocumented is “on the streets”, obviously to be on the avenues, in lanes, etc. without documents is possible. But it’s best not to take any chances. ”

Can furniture stores, showrooms and studios work?

Stores, salons and studios provide reception of visitors, whose activities are currently prohibited by applicable law.

How many workers can work at the same time?

The aforementioned issue is not regulated by the provisions of the Cabinet of Ministers of Ukraine Decree No. 255, so there are currently no restrictions on production and the number of employees on it.

So, we see that it is difficult but possible. We continue to create the best furniture environment in Ukraine! Because a crisis is only a matter of time, and success is the result of careful activity and professionalism. We are sure that every furniture maker is able not only to survive a difficult time but also to make new decisions and experiences, to find new growth points and ways of development. The Ukrainian Association of Furniture Manufactories is actively working to support the entire furniture industry and calls for a shared experience. Follow our updates on the site and social networks, take part in webinars and contact the Hotline, which is open to all members of the furniture industry:

☎️ + 380 (44) 300 20 69