Stricter Quarantine Measures in Kyiv: Red Zone Restrictions Effective November 1, 2021

What are the "red" zone restrictions in Kyiv from November 1, 2021

From November 1, 2021, at 00:00, a "red" level of epidemic danger for the spread of COVID-19 has been established in the city of Kyiv.

The corresponding statement was made by Kyiv Mayor Vitali Klitschko during an urgent online briefing.

The decision to classify the city as a "red" zone was adopted by the State Commission for Emergency Situations on October 28, 2021, according to Protocol No. 42.

In addition, by the Decision of the Permanent Commission on Technogenic and Environmental Safety and Emergency Situations, according to Protocol No. 68 of October 28, 2021, additional restrictions have been established regarding the transportation of passengers by public transport in the city of Kyiv and the operation of shopping and entertainment centers.

Additional Restrictions in the City of Kyiv

In particular, by Decision of the Permanent Commission No. 68, the following is **prohibited**:

1. 1. Transportation of passengers (except persons under 18 years of age) by public transport (road, electric, including subway) without them having:
      • a negative COVID-19 PCR test result or a rapid antigen test for SARS-CoV-2 coronavirus, performed no more than 72 hours before the trip
      • or a document confirming receipt of a full course of vaccination
      • or a document confirming receipt of one dose of a two-dose vaccine
        or an international, domestic, or foreign certificate confirming COVID-19 vaccination with one dose of a two-dose vaccine (yellow certificates)
      • or one dose of a single-dose vaccine or two doses of a two-dose vaccine (green certificates)
      • or recovery from the specified disease, the validity of which is confirmed through the Unified State Web Portal of Electronic Services, including using the Diia Portal mobile application. The specified vaccines must be included by WHO in the list of those authorized for emergency use.
   2. Carrying out regular and irregular passenger transportation, including passenger transportation on urban bus routes, including in the fixed-route taxi mode, and in electric transport, in a number greater than the number of seats provided by the technical characteristics of the vehicle.
   3. Admitting visitors under 18 years of age to shopping and entertainment centers without adult accompaniment, where the accompanying adult has a negative COVID-19 PCR test result or a rapid antigen test for SARS-CoV-2 coronavirus, performed no more than 72 hours before visiting the establishment, or a document confirming receipt of a full course of vaccination, an international, domestic, or foreign certificate confirming COVID-19 vaccination with one dose of vaccine or two doses of vaccine, a negative PCR test result, or recovery from the specified disease, the validity of which is confirmed through the Unified State Web Portal of Electronic Services, including using the Diia Portal mobile application.

Restrictions on Business Activities

**Prohibited:**

• operation of public catering establishments, except for delivery and take-out orders
• operation of shopping and entertainment centers and other entertainment establishments, cinemas, theaters, etc.
• operation of non-food markets and stores, gyms, swimming pools, and fitness centers
  holding mass events, except for official sports events and team sports matches without spectators
• operation of cultural institutions, except for historical and cultural reserves, conducting film and video shooting
• operation of accommodation establishments (hostels, hotels, etc.).

It should be noted that these restrictions do not apply if all staff and all visitors to establishments or events, except for persons under 18 years of age, have so-called **green COVID certificates**.

**Watch an interesting and short video about how businesses survive during quarantine.**

Which Business Entities Are Allowed to Operate

**Permitted activities:**

• hairdressers and beauty salons by appointment
• in the trade sector with home delivery
• financial institutions and provision of financial services
• postal operators
• medical and veterinary practices
• gas stations (without food service areas)
• repair and maintenance of vehicles
• repair of computers, household items
• waste collection and procurement
• provision of telecommunication services
• reception of visitors by telecommunication service providers by appointment.

Also, **the reception of visitors by the following business entities in the trade sector is permitted** (in retail areas, at least 60% of which are designated for the sale of the following goods):

• food products
• fuel
• medicines and medical devices
• hygiene products and household chemicals
• communication devices
• printed media
• veterinary preparations
• feed
• seeds, plant protection products.

A detailed list of activities for which restrictive measures have been introduced is specified in the Resolution of the Cabinet of Ministers of Ukraine No. 1236 of December 09, 2020 (with amendments) "List of main types of economic activity for which restrictive anti-epidemic measures are implemented to prevent the spread of acute respiratory disease COVID-19 caused by SARS-CoV-2 coronavirus in certain administrative-territorial units, leading to the temporary suspension of operations of business entities employing insured persons and individual entrepreneurs".

Regarding Office Operations

At the same time, business entities must take into account that even when carrying out permitted types of activities, it is necessary to comply with the rules for organizing work in office premises, where visitors are also received.

According to paragraph 4 of Cabinet of Ministers Resolution No. 1236, anti-epidemic measures are developed and approved by the Chief State Sanitary Doctor of Ukraine, which define the specifics of business entities' activities during the quarantine period.

The Chief Sanitary Doctor of Ukraine by Resolution No. 16 of 09.05.2020 approved recommendations for the organization of anti-epidemic measures when carrying out permitted types of activities that involve receiving visitors in office premises during the quarantine period due to the spread of coronavirus disease (COVID-19). In accordance with the Resolution, the Ministry of Health published "Safety Rules for Employees and Office Visitors during Quarantine" on its website.

According to the rules, the employer must:

• provide the office with liquid soap, antiseptics, paper towels
• organize a place at the entrance for hand sanitization
• apply 1.5-meter distance markings before the office entrance
• conduct wet cleaning and ventilation every two hours
• organize centralized collection of used personal protective equipment (PPE)
• temporarily suspend persons from risk groups from work.

At the same time, company employees must:

• undergo temperature screening before the start of a shift or workday
• obligatorily use masks indoors
• regularly wash hands with liquid soap
• regularly sanitize hands with antiseptic
• avoid contact with people who have symptoms of respiratory diseases.

Office visitors are obliged to:

• use masks indoors
• enter the premises only by prior appointment
• maintain distance in the waiting area (1.5 meters)
• be in the premises at a rate of one visitor per 10 sq. m.

Responsibility for Violating Quarantine Rules

Administrative liability for violating quarantine legislation is established by Article 44-3 of the Code of Ukraine on Administrative Offenses (CUAA). Thus, violation of rules regarding human quarantine entails the imposition of a **fine on citizens from one to two thousand non-taxable minimum incomes of citizens (from UAH 17,000 to UAH 34,000) and on officials - from two to ten thousand non-taxable minimum incomes of citizens (from UAH 34,000 to UAH 170,000)**.

In particular, citizens and officials of business entities may be held liable for:

• violation of rules regarding human quarantine, sanitary-hygienic, sanitary-anti-epidemic rules and norms provided by the Law of Ukraine "On Protection of the Population from Infectious Diseases" and other legislative acts
• violation of decisions of local self-government bodies on issues of combating infectious diseases.

By the Law of Ukraine "On Amendments to the Code of Ukraine on Administrative Offenses Regarding the Prevention of the Spread of Coronavirus Disease (COVID-19)" dated November 6, 2020, No. 1000-IX, Article 44-3 of the CUAA was supplemented with part two, according to which being in public buildings, structures, public transport during quarantine without wearing personal protective equipment, including respirators or protective masks covering the nose and mouth, including those made independently, entails the imposition of a **fine from ten to fifteen non-taxable minimum incomes of citizens (from UAH 170 to UAH 255)**.

In addition, paragraph 3 of the Resolution of the Cabinet of Ministers of Ukraine No. 1236 of December 09, 2020, "On the Establishment of Quarantine and the Introduction of Restrictive Anti-Epidemic Measures to Prevent the Spread of Acute Respiratory Disease COVID-19 Caused by SARS-CoV-2 Coronavirus in Ukraine," establishes prohibitions, the violation of which leads to liability under Article 44-3 of the CUAA. In particular, on the territory of Ukraine for the period of quarantine, the following is prohibited:

• being in public buildings and structures, public transport without wearing personal protective equipment, including respirators or protective masks covering the nose and mouth, including those made independently
• being on the streets without identity documents, documents confirming citizenship or special status, without a certificate of registration as a homeless person, or a certificate of application for protection in Ukraine
• voluntarily leaving places of self-isolation, observation, and so on.

If you need a legal consultation on issues related to the introduction of quarantine restrictions, please contact us.