November 3, 2021 · 5 min read
Why additional restrictions were introduced in Kyiv
The decision to classify the city of Kyiv as a "red" zone was adopted by the State Commission for Emergency Situations on October 28, 2021, in accordance with Protocol No. 42.
In accordance with Protocol No. 66 of 22.10.2021 of the permanent commission on technogenic and environmental safety and emergency situations (TESES) of the Kyiv City State Administration (hereinafter – Protocol No. 66), on the territory of the city of Kyiv, in particular, it is **prohibited:**
- receiving visitors by business entities operating in the public catering sector (bars, restaurants, cafes, buffets, hotel dining areas, etc.), except for public catering services involving address delivery of orders, and takeaway orders (sub-clause 2.5. of Protocol No. 66).
How public catering establishments should operate from November 1
The above-mentioned activity is permitted **provided that** all participants (visitors), except for persons under 18 years of age, and event organizers (establishment employees) have:
- a negative PCR test
- or a rapid antigen test valid for 72 hours
- or a document confirming receipt of a full course of vaccination, an international or domestic certificate
- or a foreign certificate confirming vaccination against COVID-19 with one dose of a single-dose vaccine or two doses of a two-dose vaccine ("green" certificates), which are included by WHO in the list of those permitted for emergency use
- or a negative result of a polymerase chain reaction test
- or recovery from the specified disease, the validity of which is confirmed via the Unified State Web Portal of Electronic Services, including through the use of the Diia Portal mobile application (Diia) (sub-clause 2.11 of Protocol No. 66 and the last paragraph of sub-clauses 3-5 of Cabinet of Ministers Resolution No. 1236 of 09.12.2020) (hereinafter – COVID documents).
In addition, the activity of business entities on the territory of the city of Kyiv that involves receiving visitors must be carried out in compliance with anti-epidemic measures approved by resolutions of the Chief State Sanitary Doctor of Ukraine and defining the specifics of business entities' activities during the quarantine period (sub-clause 4. of Protocol No. 66).
This refers, in particular, to the Resolution of the Chief State Sanitary Doctor No. 13 of 06.10.2021 "On Approval of Anti-Epidemic Measures in Public Catering Establishments for the Quarantine Period due to the Spread of Coronavirus Disease (COVID-19)", in accordance with the requirements of which responsibility for the organization and implementation of anti-epidemic measures rests with the head and/or administrator of the establishment.
Watch a short interesting video about how businesses survive in Kyiv during quarantine.
Are visitors to establishments obliged to present COVID documents upon request of the establishment's staff?
Please note that public catering establishment employees may ask visitors to present documents confirming their vaccination status or a negative test.
This measure is related to the fact that the owner of the catering establishment is responsible for violating quarantine regulations and must ensure that visitors (clients) comply with legal requirements; otherwise, the owner may be held legally liable for any violations.
That is, business entities operating in the public catering sector are not granted the legally enshrined right to **demand** the presentation of COVID documents*, **but** the legislation clearly stipulates that such business entities are **prohibited** from receiving visitors, except for public catering services involving address delivery of orders and takeaway orders, without the presence of COVID documents, from which it logically follows that such business entities **may** conduct document checks to comply with the specified norm.
However, visitors, in turn, may refuse to present a COVID document, and then the establishment independently decides whether or not to provide services to such visitors.
Similarly, no regulatory legal act **obliges establishment owners and employees to present a vaccination certificate to clients** or visitors. A visitor may demand it, but they can be legally refused. This is because only **law enforcement officers and representatives of the State Service of Ukraine for Food Safety and Consumer Protection** can officially verify the presence of such documents.
What to expect in case of a violation
According to recent events, the Mayor of Kyiv stated, we quote: "If there are violations, the owner of the shopping center or private business where such cases are found will be fined. It is impossible to place a police patrol near every bus, every establishment, and every shopping center. Control will be selective," – added Vitaliy Klitschko.
Therefore, in our opinion, to preserve the health of your establishment's employees and the safety of other conscientious visitors who have and present the necessary COVID documents without unnecessary questions, you may **decide not to serve visitors** who refuse to provide confirming COVID documents, and you would be right, as **you** (the business entity - public catering establishment) **are responsible for ensuring proper anti-epidemic measures** aimed at preventing the worsening of the epidemic situation due to the spread of coronavirus disease (COVID-19).
We remind you that administrative liability is provided for violations of quarantine legislation, namely Article 44-3 of the Code of Ukraine on Administrative Offenses (CUAA).
Thus, violation of rules regarding human quarantine, sanitary-hygienic, sanitary-anti-epidemic rules and norms, stipulated by the Law of Ukraine "On Protection of the Population from Infectious Diseases" and other legislative acts, entails the imposition of a fine on citizens **from one to two thousand non-taxable minimum incomes (from UAH 17,000 to UAH 34,000) and on officials – from two to ten thousand non-taxable minimum incomes (from UAH 34,000 to UAH 170,000).**
* The right to demand the presentation of COVID documentation belongs exclusively to the persons specified in para. 18 of the Cabinet of Ministers Resolution "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 on the territory of Ukraine" No. 1236 of 09.12.2020.
