Vitalii Nevinchanyi, Director of the Legal Department of Arricano, explains in a column for RAU: how retailers can structure information, and what guidelines to use to find the necessary documents when the authorities introduce certain restrictions. 

Generators of information about lockdown, in addition to the media, are the Cabinet of Ministers of Ukraine, the Ministry of Health, State and local commissions on technogenic and environmental safety and emergency situations, state and local heads of emergency response operations, state and local emergency response headquarters, as well as Telegram channels, Facebook pages of officials, their interviews on various TV channels, etc. In order not to drown in this sea of information, you need to use the main guidelines, first of all, the requirements of the law. 

Main source of information

The main source of information on quarantine restrictions is Cabinet Resolution No. 1236, posted on the parliament's website. The revision of the document is published on this site, taking into account all changes (in less than a year, the revision has already been changed 24 times). At the same time, the website of the Verkhovna Rada is updated with a delay of several days, so the latest changes in the document should also be checked on the website of the Cabinet of Ministers in the section of government decisions. Working with documents from the website of the Cabinet of Ministers is less convenient, because it publishes not the current version of the resolution, but a list of changes (for example, "1. In Paragraph 22, the second paragraph of subitem 7 should read as follows ( ... ), 2. In paragraph 3, delete the second paragraph of subparagraph 6", etc.), but this will allow you to win a couple of days and get up-to-date information faster. The mechanism of work is as follows: take the version of the resolution from the website of the Verkhovna Rada and check the changes that this website of the Cabinet of Ministers contains for each item. Also, the Cabinet of Ministers does not try to make the search for changes easy and understandable, so often changes have the general name "Resolution on amendments to certain regulations of the Cabinet of Ministers of Ukraine" (with this name, several resolutions can be published per day, you need to open each one and look). In addition, resolutions adopted during the day (on average, about 20 per day) are published in a chaotic manner (that is, if you just checked the site and did not have the necessary resolution, then in five minutes it may appear at number 13 at the bottom of the list). 

Who sets the "colors of regions" 

Levels of epidemic danger of the spread of COVID-19 can be set both on the territory of the entire country and on the territory of a particular region. Green, yellow, orange (separately by region) – are established by the head of works on eliminating the consequences of a medical and biological emergency of an environmental nature at the state level (i.e., the Minister of Health Viktor Liashko). Red is set and cancelled by the State commission on technogenic and environmental safety and emergency situations. The commission consists of: the Prime Minister, the Ministers of Health, Internal Affairs, the heads of the National Police, the State Emergency Service, the Security Service of Ukraine and others. The full composition of the State commission can be found here. The Protocols of the State commission on technogenic and environmental safety are collected in one place and posted in a temporary order here. Yellow (across the country) is set by the State commission on technogenic and environmental safety and emergency situations. 

Where to find a list of quarantine restrictions 

Green level – the list of restrictions is set by paragraph 2-2 of the resolution; Yellow level – the list of restrictions is set by paragraph 3 of the resolution; Orange level - the same restrictions apply as at the yellow level, but local commissions on technogenic and environmental safety can introduce additional restrictions (paragraph 3-2 of the resolution). Protocols of local commissions commissions on technogenic and environmental safety are posted on the websites of city and regional councils. Therefore, when introducing the orange level, it is necessary to check for new protocols on a daily basis. The protocols of the commissions on technogenic and environmental safety are posted in temporal order here. Red level - the list of restrictions is established by paragraph 3-5 of the resolution. 

New features 

Starting from September 20, 2021, changes will come into force, the essence of which result in the fact that if certain conditions are met, restrictions do not apply. If the region has a yellow level, then the restrictions do not apply if all visitors (except those under the age of 18) and 80% of the institution's employees have: 

•    document on vaccination with 1 dose or 
•    negative PCR test (72 hours from the time of collection of sample) or 
•    document of recovery (180 days from the date of collection of material that gave a positive result). 

If a red level is set in the region, then restrictions do not apply when all visitors (except those under the age of 18) and 100% of the institution's employees have: 

•    document on the full course of vaccination (365 days) or 
•    negative PCR test (72 hours from the time of collection of sample) or 
•    document of recovery (180 days from the date of collection of material that gave a positive result). 

Recommendations 

Be critical of clickbait headlines and take information from official sources. Subscribe to the Telegram channels of the Prime Minister, the Minister of the Cabinet of Ministers, and local heads - they report on the adoption of official decisions before they are published. Talk in advance with service and product providers (and specify in contracts) scenarios in which the need for goods/services may disappear due to the introduction of restrictions. For example, planned marketing events for the store's birthday may not take place due to restrictions imposed. Prepare your objects in advance for the introduction of the red level (to avoid applying restrictions).

Author: Vitalii Nevinchanyi, Director of the Legal Department of Arricano 

Source: https://rau.ua/novyni