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Ukraine: DRC / DDG Legal Alert: Issue 50 - February-March 2020 [EN/RU/UK]

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1. COVID-19 Legislative Measures Update: 31 March 2020

Background: On 16 March 2020, DRC-DDG issued a special issue of the Legal Alert on COVID-19 (‘coronavirus’) legislative responses and related concerns, including:

  • Restriction on entering Ukraine for foreigners;

  • Restriction of international passenger transportation;

  • Restrictions at entry-exit checkpoints (EECPs) in Luhansk and Donetsk oblasts;

  • Initiatives to temporarily lift internally displaced persons’ (IDP) verification requirement;

  • Restriction of movement by the socalled ‘Donetsk People’s Republic’ (DPR) and ‘Luhansk People’s Republic’ (LPR);

  • Closure of a large number of border checkpoints;

  • Declaration of national and regional quarantine measures.

As of 31 March 2020, the number of COVID-19 confirmed cases has grown to 549; 13 of them were lethal and 8 were cured. Since the Special Legal Alert was issued on 16 March 2020, the government introduced the following additional law and regulations to harness the preventive measures:

  • Cabinet Resolution No. 215, dated 16 March 2020, declaring national emergency situation and enhancing national quarantine measures;

  • On 17 March 2020, the Parliament adopted Law No. 530 ‘On Prevention of Spreading of COVID-19 Coronavirus;’

  • Cabinet Resolution No. 239, dated 25 March 2020, on the prolongation of the national quarantine and further emergency measures;

  • Draft Law No. 3275, adopted on 30 March 2020, ‘On Additional Economic and Social Guarantees Regarding the Spread of COVID-19’ (final text unavailable as of 31 March 2020).
    The following are major additional measures taken by the government as of 31 March 2020:

  • Declaration of National Emergency Situation: Not to be confused for the emergency state, the emergency situation does provide a special order of communication and cooperation of state authorities aimed at enhancing governmental responses to a threat. Unlike the emergency state, the emergency situation does not provide the scope for limiting individual rights and freedoms. The actions of the government, however, testify that de-facto restrictions on some constitutional rights (e.g., right to freedom of movement) have been imposed;

  • Extension of Quarantine Period: The national quarantine period, initially declared for the period from 12 March 2020 to 3 April 2020, has been extended until 24 April 2020; all quarantine measures continue.