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The legality of the fine for violation of quarantine in accordance with Art.

On March 11, 2020, the World Health Organization recognized the spread and incidence of the coronavirus COVID-19 or SARS-CoV-2 as a pandemic. A pandemic means the spread of a new disease worldwide, and in the absence of immunity to the new virus, the consequences and severity of it are much more pronounced.

In Ukraine, to prevent the spread of the disease, quarantine was introduced and in many cities of the country all outlets were closed, except for grocery supermarkets, gas stations and pharmacies. For violation of the quarantine rules, citizens will have to pay a fine in the amount of 17 000 to 34 000 UAH, for officials the amount will be - 34 000 - 170 000 UAH. A violation of sanitary norms and rules for the prevention of infectious diseases will entail fines in the amount of 17 000 - 51 000 UAH. or arrest for up to 6 months / restriction of liberty for up to 3 years / imprisonment for up to 3 years. If violations of sanitary norms and rules entail the death of a person or serious consequences, the perpetrator may receive from 5 to 8 years in prison. As of March 31, 2020, more than 3,000 protocols were drawn up by the police.

So, below we find out what prohibitions and restrictions were introduced during this quarantine for violation of which may be fined under Article 44-3 of the Code of Administrative Offenses.

By the Decree of the Cabinet of Ministers of Ukraine No. 211 of March 11, 2020

"On preventing the spread of acute respiratory illness COVID-19 caused by the SARS-CoV-2 coronavirus in Ukraine" from March 12, 2020 to April 24, 2020, quarantine has been established throughout our country.

This decree of the CMU established the following prohibitions that restrict constitutional rights and freedoms, in particular:

  • • the prohibition of citizens to be in public places without wearing a mask or respirator;
  • • a ban on being in public places for citizens under 16 years of age, unaccompanied by adults;
  • • the prohibition of citizens from traveling by a group of more than two people;
  • • ban on visiting parks, squares, recreation areas, forest-park and coastal zones;
  • • ban on visiting sports and playgrounds;
  • • a ban on citizens to conduct all mass (cultural, entertainment, sports, social, religious, advertising and other) events in which more than 10 people take part;

The work of business entities is prohibited, which provides for the reception of visitors, including public catering enterprises (restaurants, cafes, etc.), shopping and entertainment centers, other recreational facilities, fitness centers, cultural institutions, shopping and household public services.

And now the most important thing. Are such restrictions and administrative fines legal?

In accordance with Art. 3 of the Law of Ukraine “On ensuring sanitary and epidemic well-being of the population”, financing of sanitary and anti-epidemic measures, as well as programs for ensuring sanitary and epidemic well-being, and other programs aimed at the prevention of diseases of the population, is carried out at the expense of state and local budgets.

Thus, the state is obliged to pay citizens all sanitary and anti-epidemic measures that are set for the quarantine period.

Based on the content of Article 44-3 of the Code of Administrative Offenses, liability for violation of the quarantine rules of people, sanitary-hygienic, sanitary-anti-epidemic rules and norms stipulated by the Law of Ukraine on the Protection of the Population from Infectious Diseases, other legislative acts, as well as decisions of local authorities Infectious Disease Self-Government.

According to Article 10 of the Code of Administrative Offenses, an administrative offense is recognized as committed intentionally if the person who committed it realized the unlawful nature of his action or inaction, foresaw its harmful consequences and wished them or deliberately allowed these consequences to occur.

Therefore, a citizen deliberately commits an offense under Article 44-3 of the Code of Administrative Offenses only when purchasing or paying him at the expense of state and local budgets everything necessary for sanitary and anti-epidemic measures, including protective masks.

In the absence of evidence from the state authorities of the acquisition and transfer to the citizen at the expense of state and local budgets of everything necessary for sanitary and anti-epidemic measures, the administrative offense is provided ny < strong> Art. 44-3 of the Code of Administrative Offenses is missing .

The Constitution of Ukraine guarantees everyone the following rights and freedoms, in particular:

  • • freedom of movement, free choice of place of residence, the right to freely leave the territory of Ukraine (Article 33);
  • • Everyone has the right to respect for his dignity. No one may be subjected to torture, cruel, inhuman or degrading treatment or punishment (art. 28);
  • • No one may be arrested or held in custody except by a reasoned decision of the court (Article 29);
  • • Everyone has the right to entrepreneurial activity not prohibited by law (Article 42).
  • • Everyone has the right to work, which includes the opportunity to earn a living by work that he freely chooses or which he freely agrees to (art. 43).

In accordance with the provisions of Art. 64 of the Constitution of Ukraine, the constitutional rights and freedoms of man and citizen may not be limited, except as provided by the Constitution.

Under conditions of martial law or a state of emergency, certain restrictions on rights and freedoms may be established with an indication of the duration of these restrictions . The rights and freedoms provided for in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62, 63 of this Constitution may not be restricted.

According to part 3 of article 83, p. 31 h. 1 Article 85, p. 21 h. 1 Article 106 of the Constitution of Ukraine, Art. 5 “On the legal regime of a state of emergency”, a state of emergency in Ukraine or in certain localities thereof is introduced by decree of the President of Ukraine, subject to approval by the Verkhovna Rada of Ukraine within two days from the date of the President’s appeal. Such a decree is noted incl. an exhaustive list of constitutional rights and freedoms of man and citizen are temporarily limited in connection with the introduction of a state of emergency, as well as a list of temporary restrictions on the rights and legitimate interests of legal entities with an indication of the duration of these restrictions.

The rights and freedoms of man and citizen, the rights and legitimate interests of legal entities may be limited by the Constitution of Ukraine only on the basis of a decree of the President of Ukraine on the introduction of a state of emergency, which is currently absent.

According to Article.29 of the Law of Ukraine On the Protection of the Population from Infectious Diseases, the Quarantine is established and canceled by the Cabinet of Ministers of Ukraine. The issue of establishing quarantine is raised before the Cabinet of Ministers by the central executive authority, which ensures the formation of state policy in the field of healthcare, on the proposal of the chief state sanitary doctor of Ukraine.

According to Article 40 of the Law of Ukraine “On Ensuring Sanitary and Epidemic Welfare of the Population”, the Chief State Sanitary Doctor of Ukraine: in the event of a state of emergency being introduced in Ukraine or in some of its localities, makes a submission for a decision on appeal to the Cabinet of Ministers of Ukraine with a proposal setting quarantine.

So, currently there is no quarantine in the country new by the Cabinet of Ministers on the proposal of the chief state sanitary doctor, which is issued solely subject to the introduction of a state of emergency, and Resolution of the Cabinet of Ministers of Ukraine No. 211 of March 11, 2020 and established ny im restrictions will take effect and become mandatory < / strong> for execution exclusively after the introduction of the state of emergency by presidential decree NTA Ukrainian and compliance procedures under Art. 40 of the Law of Ukraine "On ensuring the sanitary and epidemic well-being of the population."

According to Article 8, the Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. According to Article 60 of the Constitution of Ukraine, no one is obliged to carry out clearly criminal orders or orders. Based on Article 68 of the Constitution of Ukraine, everyone is obliged to strictly observe the Constitution of Ukraine and the laws of Ukraine, not to encroach on the rights and freedoms, honor and dignity of other people.

Summing up the above, we can conclude that for violation of the Cabinet of Ministers of Ukraine No. 211 dated March 11, 2020 administrative liability may be incurred in the form of a fine under article 44-3 of the Code of Administrative Offenses only after the introduction of emergency provisions and in accordance with the Laws and the Constitution her of Ukraine .

If your rights have been violated and you have been fined under Article 44-3 of the Code of Administrative Offenses, contact Alibi Law Firm. We can defend your interests.

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