The Cabinet of Ministers of Ukraine extended the adaptive quarantine until August 31, 2020. The relevant decision was made by the Government at a meeting on July 22.
"Depending on the epidemic situation in the region or individual administrative-territorial units - districts, a green, yellow, orange or red level of epidemic danger of the spread of COVID-19 is set. The level is determined by automated software on the basis of certain algorithms and collected data and approved by the state commission on technogenic and ecological safety and emergencies", - said the Minister of Health of Ukraine Maxim Stepanov.
Online map of epidemic indicators:
At the same time, the head of the Ministry of Health stressed that even for the "green zone" certain quarantine restrictions continue to apply.
Therefore, these are the following quarantine restrictions for the "green zone":
✓ stay in public buildings in masks or respirators
✓ holding mass events: no more than 1 person per 5 square meters
✓ cinemas with 50% occupancy
✓ carriage of passengers only within seating
For the "yellow zone":
✓ visits to social protection institutions where the elderly are, except for those that provide services in crisis
✓ Green zone restrictions remain
For the "orange zone":
✓ activities of accommodation establishments (hostels, tourist bases, etc.), except hotels
✓ activities of entertainment establishments, restaurants at night
✓ gyms, fitness centers, cultural institutions
✓ restrictions for mass events: 1 person per 20 square meters. m. and not more than 100 people
✓ Restrictions on the yellow and green zones are maintained
For the "red zone":
✓ work of public transport
✓ activities of shopping malls, cafes and restaurants
✓ Restrictions on the green, yellow and orange zones are maintained
Features of procedural terms for the period of quarantine restrictions
On July 17, 2020, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Procedural Term of Quarantine Established by the Cabinet of Ministers of Ukraine to Prevent the Spread of Coronavirus Disease (COVID-19)” of June 18, 2020 №731- IX,entered into force, which amended, in particular, paragraph 3 of section XII "Final Provisions" of the Civil Procedure Code of Ukraine and paragraph 3 of section VI "Final Provisions" of the Code of Administrative Procedure of Ukraine.
Pursuant to Clause 2 of the Final and Transitional Provisions of this Law, the procedural terms extended in accordance with Clause 4 of Section X "Final Provisions" of the Commercial Procedural Code of Ukraine, Clause 3 of Section XII "Final Provisions" of the Civil Procedure Code of Ukraine, Clause 3 of Section VI " Final Provisions of the Code of Administrative Procedure of Ukraine as amended by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19)" № 540-IX of March 30 2020, expire 20 days after the entry into force of this Law.During this 20-day period, the parties to the case and persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities (if they have the right to take appropriate procedural actions under these codes ), have the right to extend the procedural terms on the grounds established by this Law.
Therefore, all court decisions adopted on March 12, 2020 (from the beginning of the introduction of quarantine in accordance with the resolution of the Cabinet of Ministers of Ukraine of March 11, 2020) on August 7, entered into force.
Features of rent for the duration of quarantine restrictions. Is it possible to get an exemption from rent?
The right to exemption from rent under certain conditions is provided by the Civil Code of Ukraine (Article 762). The Law of Ukraine “On Amendments to the Law of Ukraine“ On the State Budget of Ukraine for 2020 ”of April 13, 2020 № 553-IX, which entered into force on April 18, 2020, amended the Civil Code to specify the conditions under which tenants have the right to dismissal.
To get an exemption from rent you need:
1) Check whether the prohibitions on certain business and other activities introduced by the resolution of the Cabinet of Ministers of Ukraine "On prevention of the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2" of March 11, 2020 № 21 (with changes and additions) to the type of activity (purpose) for which the state property is used under the lease agreement;
2) If so, the tenant applies to the landlord with a request to release such a tenant from the rent under the contract in accordance with Article 762 of the Civil Code of Ukraine;
3) Upon receipt of the lessee's request, the lessor together with the balance holder of the property that is the subject of the lease agreement, conducts an inspection of the leased premises in order to obtain evidence of suspension by the lessee of activities on the leased object;
4) Based on the application of the lessee and the survey report drawn up by the representatives of the lessor and the balance holder, the lessor decides to release the lessee from paying the rent for the quarantine period.
In connection with the adoption of the Resolution of the Cabinet of Ministers of Ukraine of July 15, 2020 № 611 "Some issues of payment of rent for state property during quarantine" are exempt (in whole or in part) from rent to tenants defined in Annexes 1-3 to this regulations, regardless of whether such tenants have ceased their activities on the leased property for the period of quarantine. In this case, it is not required to prove the fact of non-use of the leased object, ie to conduct a commission inspection.
As for other issues related to the peculiarities of economic activity during the COVID-19 pandemic in Ukraine, you can consult our lawyers.