What is allowed and what is forbidden to do during the quarantine?
Recently, the Cabinet announced a phased quarantine exit plan, which will depend on the detected number of new cases of coronavirus infection.
However, the restrictions on movement on the roads continue are still in force. So, in particular, you can get a fine of 17 000 UAH for leaving the house without a valued excuse or for a walk in the parks.
How to leave home without a penalty, and what is allowed and what is forbidden during this period read in article of lawyer of ESQUIRES law firm Viktor Zalyotin in Mind.
To prevent the spread of coronavirus infection in Ukraine, the Cabinet of Ministers introduced an emergency regime and quarantine throughout the country until 24th of April, and then continued it until 11th of May. And now Ukraine has introduced enhanced quarantine measures, in particular, it is prohibited:
- be in public places without wearing personal protective equipment, a respirator or a face mask, including self-made;
- travel by a group of people in the amount of more than two people, except for cases of official necessity and accompanying persons under 14 years old by parents, adoptive parents, guardians, trustees, foster parents, other persons in accordance with the law or adult relatives of the child;
- visit parks, squares, recreation areas, forest parks and coastal areas, except for walking pets with one person and if necessary;
- visit sports and playgrounds;
- to be on the streets without identification documents confirming citizenship or special status;
- leave places of observation (isolation) without permission.
The penalty for violating these prohibitions is from 17,000 to 34,000 UAH.
Given the many questions that citizens have, we offer the answers to the most common questions.
What to do if policemen come up and require identification documents?
First of all, a dialogue with the police should be recorded in audio / video format. Such actions are always appropriate, because they are the evidence base and at the same time push the police to a more constructive dialogue.
Given the temporary legislative innovations in connection with quarantine, the police may ask you for an identity document, such a requirement is absolutely legal.
However, the Law of Ukraine “On the National Police” provides an exhaustive list of grounds for identifying person by documents. It will not harm to clarify why exactly you are asked to show documents for and what offense has you made.
We also have to remind you about your right for a lawyer, which is guaranteed by Article 59 of the Constitution of Ukraine.
If a policeman starts questioning about the circumstances of your going out or about any other issue, then we emphasize that the Law of Ukraine “On the National Police” gives police officers the opportunity to question a person only if there is reason to believe that such a person has information necessary for police officers to fulfill their powers.
At the same time, under-age persons can answer questions only with the participation of parents or legal representatives.
The absence of an identity document is not a basis for liability, but is a reason for detaining a person to establish identity. Please note that clarification of these circumstances should take no more than three hours.
Police officers are also not empowered to detain a person for the lack of personal protective equipment. In this case, a protocol is drawn up.
Written explanations must be provided in the protocol, outlining all the circumstances indicating the absence of intent to violate the quarantine or the absence of such violations in general. If available, police violations of the law should be described.
An additional guarantee of compliance with the law will be the involvement of witnesses, who should also be indicated in the protocol.
Is it possible to leave building’s entrance. without a mask to meet the courier?
The answer to this question depends on the understanding by the legislator of a “public place”.
An clarification to the “quarantine” decisions of the Cabinet of Ministers of Ukraine gives a list of public places, but it is not exhaustive: building’s entrance, underpasses, stadiums; parks, squares, playgrounds, public transport stops, elevators, government offices, medical centers, etc. The government only recommends to wear a mask on the street.
The area near the house is not a public place, but the logic is that you left the entrance without a mask to the place, where you have to wear it, so we advise you to go out in a mask.
It is also worth paying attention to the fact that local authorities can expand at their discretion the list of public places. In Kiev, for example, the building surrounding grounds also refer to such where you must wear an individual protective equipment.
Is it possible to ride a bicycle or a car without a mask?
Speaking about the bicycle, then you don’t need to wear a mask while riding, but in all other cases (bringing the bicycle into the house, for example), a mask is needed.
It is forbidden to travel by car for more than two adults, with the exception of accompanying children under the age of 14 years.
What kind of pets can be walked by law?
The legislation does not specify the list of animals that can be walked. However, we advise you not to abuse this gap, because a walk with an aquarium in the hands will not be considered as a walking animal of the police.
We hope that the answers to these questions will facilitate your stay in quarantine.