The Cabinet of Ministers of Ukraine has extended the quarantine in Ukraine until August 31, 2021, while a ‘green’ level of epidemic danger is being established throughout the country. In such conditions, in public transport and during mass events or visits to the premises, all participants must adhere to the mask regime. Accordingly, the work of catering establishments, entertainment establishments (nightclubs), cinemas and halls of other spheres of culture, holding other mass events is allowed under the conditions of wearing masks and providing personal protective equipment to employees.
Adherence to the mask regime is optional provided that all participants and organizers of the event have one of the following documents:
- negative result of testing for COVID-19 by PCR (not more than 72 hours before the event),
- negative result of the rapid test for the detection of coronavirus antigen SARS-CoV-2 (not more than 72 hours before the event),
- a document confirming receipt of a full course of vaccination from COVID-19 included in the WHO list of permitted for use in emergencies.
With the ‘green’ level of epidemic dabger in Ukraine, crossing the state border from any country is unimpeded for citizens of Ukraine or foreigners with a permanent residence permit. Citizens of Ukraine can also cross the entry-exit checkpoints without hindrance.
Foreigners must always have COVID-19 insurance policy and one of the following items:
- negative result of testing for COVID-19 by PCR (not more than 72 hours before crossing the border),
- negative result of the rapid test for the antigen of the coronavirus SARS-CoV-2 (not more than 72 hours before crossing the border),
- a document confirming the receipt of a full course of vaccination from COVID-19 with vaccines included in the WHO list of permitted for use in emergencies, issued in accordance with IHR or in accordance with international agreements concluded by Ukraine on mutual recognition of vaccination documents.
If another level of epidemic danger is established on the territory of Ukraine, crossing the state border of Ukraine from any country for citizens of Ukraine or foreigners with a permanent residence permit is unimpeded in the presence of one of the following positions:
- negative result of testing for COVID-19 by PCR (not more than 72 hours before crossing the border),
- negative result of the rapid test for the antigen of the coronavirus SARS-CoV-2 (not more than 72 hours before crossing the border),
- a document confirming the receipt of a full course of vaccination from COVID-19 with vaccines included in the WHO list of permitted for use in emergencies.
In the absence of such documents or certificates, a person must undergo self-isolation using the application “Vdoma” or observation in case of refusal or inability to use this application.
If another level of epidemic danger is established on the territory of Ukraine, the crossing of the entry-exit checkpoints for Ukrainian citizens is unimpeded if they have a document confirming receipt of a full course of vaccination from COVID-19 with vaccines included in the WHO list of permitted for use in emergencies.
If such a document is not available, the person must undergo self-isolation with the help of the application “Vdoma” or observation in case of refusal or inability to use this application.
Such a person can stop self-isolation immediately after receiving a negative result of a rapid test for the antigen of the coronavirus SARS-CoV-2 directly at the entry-exit checkpoint testing center.
The new rules determine the possibility of simultaneously establishing ‘green’ or ‘yellow’ level of quarantine restrictions throughout the country, ‘orange’ and ‘red’ will be determined within the region.
The whole territory of the country will return to the ‘yellow’ zone, if one of the following signs is present on the whole territory of Ukraine for three days in a row:
- the number of detected new cases of COVID-19 infection per 100 thousand population in the last 14 days — more than 75;
- COVID-19 infection detection rate (polymerase chain reaction and rapid test for coronavirus antigen SARS-CoV-2) — more than 4 percent;
- the number of tests by polymerase chain reaction and rapid test to determine the coronavirus antigen SARS-CoV-2 during the last seven days per 100 thousand population — less than 300;
- the existence of grounds for establishing a ‘red’ level of epidemic danger in at least one region.
The yellow level will be set by the decision of the State Commission on Technogenic and Environmental Safety and the Emergency Situation at the initiative of the Minister of Health. With the normalization of the signs of the ‘green’ zone and their fixation for 7 days in a row, as well as the decision of the State Commission on Technogenic and Environmental Safety and the Emergency Situation, the whole country will move to the ‘green’ level.
In the event of a deterioration in the indicators in a certain region and the establishment of a ‘red’ level of epidemic danger, the rest of the country will be at the ‘yellow’ level.
When determining the ‘yellow’ zone on the territory of the country, it is obligatory to adhere to the mask regime, physical distance of 1.5 m, and the following is prohibited:
- holding mass events with the participation of more than 1 person per 4 square meters of the building or territory,
- occupancy of cinemas and halls of other cultural institutions more than 50% of seats,
- occupancy of gyms and fitness centers no more than 1 person per 10 square meters.
There are no restrictions on the business hours of institutions.
The ‘orange’ level of epidemic danger does not contain additional restrictions and is determined by the signal of the region's approach to the ‘red’ zone. It is determined automatically when at least one of the following indicators is exceeded:
- occupancy of oxygen beds in the region by more than 65%,
- the number of PCR and antigen tests for 7 days per 100 thousand population is less than 300,
- the number of hospitalizations with confirmed and suspected cases of COVID-19 in 7 days per 100 thousand population is more than 60,
- the rate of detected cases of PCR or rapid tests for antigen is more than 20%,
- an increase in the number of hospitalizations in 7 days compared to the previous similar period by more than 50%.
At the ‘orange’ level of epidemic danger, local authorities may impose additional restrictions.
At introduction of ‘red’ level of epidemic danger all previous restrictions remain, and the following is prohibited:
- operation of catering establishments, except for targeted delivery and takeaway orders,
- work of shopping malls and other entertainment establishments, cinemas, theaters, etc.,
- work of educational institutions, except for kindergartens and primary schools,
- operation of non-food markets and shops, gyms, swimming pools and fitness centers,
- holding mass events, except for official sports events and matches of team sports without spectators,
- work of cultural institutions, except for historical and cultural reserves, filming and video shooting.
Banks, gas stations, veterinary shops, pharmacies and all grocery stores are allowed to operate in the ‘red’ zone.
The ‘red’ level is set in the region if there are two or more of the following signs for three consecutive days:
- occupancy of beds provided with medical oxygen supply in health care facilities designated for hospitalization of patients with a confirmed case of COVID-19 - more than 65%;
- the number of tests by polymerase chain reaction and rapid test to determine the antigen of the coronavirus SARS-CoV-2 during the last seven days per 100 thousand population - less than 300;
- the number of hospitalized patients with a confirmed and suspected case of COVID-19 during the last seven days per 100 thousand population - more than 60;
- coefficient of detection of cases of COVID-19 infection (by polymerase chain reaction and rapid test for coronavirus antigen SARS-CoV-2) - more than 20%;
- an increase in the total number of hospitalized patients with confirmed and suspected cases of COVID-19 during the last seven days compared to the previous similar period - more than 50%.
The Cabinet of Ministers of Ukraine has approved the Procedure for checking the compliance of the purchaser or owner of agricultural land with the requirements in accordance with Art. 130 of the Land Code of Ukraine.
This Procedure contains a clear sequence of notary’s action to inspect the purchasers of agricultural land.
Such inspection will, in particular, include: identification of the purchaser; the ultimate beneficial owner of the legal entity; verification of the application of sanctions; verification whether the purchaser is listed as a person involved in terrorist activities; determination of the total area of agricultural land owned by the purchaser.
For this purpose, the data of the State Register of Real Property Rights, the State Land Cadastre and the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations is used.
The inspection will be carried out by a body that implements state control over land use and protection.
In addition to the general law, which will introduce the circulation of agricultural land, the package of key laws necessary for the implementation of land reform includes the following:
- “On Amendments to the Land Code of Ukraine and Other Legislative Acts to Improve the System of Management and Deregulation in the Sphere of Land Relations”;
- “On Amendments to Certain Legislative Acts Concerning the Sale of State and Communal Land Plots or Rights to Them (Leases, Superficies, Emphyteusis) through Electronic Auctions”
- “On the national infrastructure of geospatial data”;
- “On Amendments to Certain Legislative Acts of Ukraine Concerning Land Use Planning”;
- “On Amendments to Certain Laws of Ukraine Concerning the Functioning of the State Agrarian Register and Improving State Support for Agricultural Producers”.
At the same time, the Verkhovna Rada of Ukraine is still expected to adopt the following drafts, which have already been considered by the Verkhovna Rada of Ukraine and adopted in the first reading:
- “On the Fund for Partial Guarantee of Loans in Agriculture” (Reg. No. 3205-2 of May 25, 2020), which provides for the establishment of the Fund for Guarantee of Loans in Agriculture for access of small and medium-sized producers to financing;
- “On Amendments to Certain Legislative Acts Concerning Ensuring the Right of Employees of State-Owned Agricultural Enterprises, Institutions, and Organizations to Receive a Land Share (Plot)” (Reg. No. 3012-2 of May 29, 2020), which provides for the introduction of a mechanism for privatization of lands of state-owned agricultural enterprises, institutions and organizations.
The State Labor Service of Ukraine informs that violations of basic human rights granted by the Constitution of Ukraine or independent legislative acts are considered gross. Such are the right to remuneration, the right to leave, the right to remuneration not lower than the minimum established by law, the right to rest.
Leave is a time of rest, which is calculated in calendar days and provided to employees with the preservation of the place of work and salary.
According to Article 45 of the Constitution of Ukraine, everyone who works has the right to rest.
This right is ensured by the provision of paid annual leave (Part 1 of Article 2 of the Law of Ukraine “On Leave”).
The right to leave for an employee is preserved in the event of the dismissal (Article 3 of the Law of Ukraine “On Leave”).
According to Art. 74 of the Labor Code and Art. 2 of the Law of Ukraine “On Leave” every citizen of Ukraine who works at an enterprise, institution, organization of any form of ownership, type of activity and industry has the right to annual leave.
This right is ensured by: guaranteed leave of a certain duration established by the Law of Ukraine “On Leave”; preservation for the period of leave of a workplace (position) and a salary; prohibition of replacement of leave by monetary compensation, except for the cases provided by Art. 24 of the Law of Ukraine “On Leave”.
Part 5 of Art. 11 of the Law of Ukraine “On Leave” specifies the requirements for non-granting of annual leave to employees, in particular, the following is prohibited: non-granting of full annual leave for two consecutive years.
Gross violations of labor legislation are cases of restriction of labor rights of citizens or contempt for them.
Who is the offender?
This is a person who is obliged to comply with labor laws, namely: heads of enterprises, institutions, organizations, regardless of ownership.
That is, the violation of such basic human rights as the right to leave, the right to rest and other labor rights, which are guaranteed by the Constitution of Ukraine, the Labor Code, a number of laws and bylaws, will be gross.
