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Responsibility for violation of quarantine conditions, sanitary rules and regulations

On March 17, 2020, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine, Aimed at Preventing the Occurrence and Spread of the Coronavirus Disease (COVID-19)” entered into force, which established administrative responsibility for violating the rules on quarantine of people, and also set forth in the new revision of Article 325 of the Criminal Code of Ukraine, which provided for criminal liability for violation of sanitary rules and regulations regarding the prevention of infectious diseases and mass poisoning.

Thus, the parliament reacted to the emergence of the COVID-19 pandemic in the world and the epidemic in Ukraine caused by the SARS-CoV-2 coronavirus.

ADMINISTRATIVE RESPONSIBILITY

Article 44-3 of the Code of Ukraine on Administrative Offenses provides for administrative responsibility for violating the rules on quarantine of people.

Yes, in accordance with Part 1 of Art. 44-3 of the Code of Administrative Offenses of Ukraine, violation of the rules regarding quarantine of people, sanitary-hygienic, sanitary-anti-epidemic rules and norms provided for by the Law of Ukraine “On the Protection of the Population from Infectious Diseases”, other legislative acts, as well as decisions of local self-government bodies on issues of combating infectious diseases,

– entails the imposition of a fine on citizens from one to two thousand tax-free minimum incomes of citizens (from UAH 17,000.00 to UAH 34,000.00) and on officials – from two to ten thousand tax-free minimum incomes of citizens. (from UAH 34,000.00 to UAH 170,000.00).

CRIMINAL LIABILITY

Article 325 of the Criminal Code of Ukraine provides for criminal liability for violation of sanitary rules and regulations regarding the prevention of infectious diseases and mass poisoning.

According to Part 1 of Art. 325 of the Criminal Code of Ukraine, violation of the rules and regulations established for the purpose of preventing epidemic and other infectious diseases, as well as mass non-infectious diseases (poisoning) and combating them, if such actions caused or could be known to cause the spread of these diseases,

– shall be punished by a fine from one thousand to three thousand non-taxable minimum incomes of citizens (from UAH 17,000.00 to UAH 51,000.00) or by arrest for a term of up to six months, or by restriction of liberty for a term of up to three years, or by deprivation of liberty for the same term ( up to three years).

In accordance with Part 2 of Art. 325 of the Criminal Code of Ukraine, the same acts described in Part 1 of Article 325 of the Criminal Code of Ukraine, if they caused the death of people or other serious consequences,

– shall be punished by imprisonment for a term of five to eight years.

Therefore, for the qualification of a person’s actions under Art. 44-3 of the Labor Code or Art. 325 of the Criminal Code of Ukraine, it is necessary to establish the presence in the actions of a person, in particular:

– violation of rules regarding quarantine of people, or

– violation of sanitary-hygienic, sanitary-anti-epidemic rules and norms provided for by the Law of Ukraine “On the Protection of the Population from Infectious Diseases” or other legislative acts, or

– violation of decisions of local self-government bodies on issues of combating infectious diseases, or

– violation of other rules and regulations established to prevent epidemic and other infectious diseases, as well as mass non-infectious diseases (poisoning).

Summary of court practice regarding the prosecution of persons for violation of quarantine conditions, sanitary norms and rules can be viewed at this link: Summary of judicial practice regarding the prosecution of persons for violation of quarantine conditions, sanitary norms and rules

We urge you to strictly observe all rules and regulations. Take care of yourself and be healthy!

If you have any questions or need to provide additional consultations and clarifications or provide other legal assistance – contact us, we are ready to help you!

Lawyer Yaroslav Hasiak