PENALTY FOR MISSING MASKS – NOW REALITY?

 Living conditions during the quarantine period introduced in connection with the coronavirus COVID-19 are becoming quite uncomfortable. As part of measures to prevent the spread of coronavirus disease, parliament requires citizens to wear masks and, in case of non-compliance, a fine.

 Last week, on November 6, the Verkhovna Rada of Ukraine passed Law №3891, which makes the lack of personal protective equipment for the mouth and nose an administrative offense. This law amends the Code of Ukraine on Administrative Offenses and establishes liability for the absence of a mask or respirator in some public places. St. 443 of the Code of Administrative Offenses is supplemented by the second part, which states that staying in public buildings, structures or transport without a mask covering the mouth and nose or without a respirator is punishable by a fine. The fine is from 10 to 15 minimum non-taxable minimum incomes (one non-taxable minimum according to the TCU - 17 UAH). Thus, the fine will be from 170 to 250 UAH.

Are there requirements for the type of personal protective equipment?

 Fortunately, the legislator has left the dispositive and to some extent does not contribute to the monopolization of the market of mask products, because it is allowed to wear both hand-made masks and respirators or masks made in the factory.

Is a court decision required to impose a fine for not wearing a mask?

 The specificity of the fine for lack of personal protective equipment is that it is issued by analogy with the fines for violation of traffic rules, ie to impose a fine court is not required, the violation is recorded in place in the decision (protocol) authorized bodies. The fine can be paid on the spot only with the help of non-cash payment devices, then the violator is issued a receipt of the established sample. It is not necessary to pay immediately, but the violator has 15 daysto pay the fine (Article 307 of the Code of Administrative Offenses), or it can be appealed in court within 10 days. To pay the fine, the bank must have a copy of the decision issued by the inspector (or the number and series of the decision, the date of issuance, the amount of the fine), passport, identification code of the offender.

Who can impose a fine?

 The authorized persons who are entitled to impose an administrative penalty for lack of personal protective equipment include:

• national police bodies - Article 222 of the Code of Administrative Offenses;
• executive committees of village, settlement, city councils (and in settlements where executive committees have not been established - executive bodies exercising their powers) - Article 219 of the Code of Administrative Offenses;
• sanitary-epidemiological service, namely hygienists, doctors-epidemiologists of the bodies of the state sanitary-epidemiological service - Article 236 of the Code of Administrative Offenses.

Do you now need to wear a mask just on the street?

 No, the Law does not provide for the imposition of a fine for being on the street without a mask, because the imposition of a fine is possible only for "staying in public buildings, structures, public transport."

 If you need to appeal against the decision or protocol in the case of an administrative offense, contact the law firm "Prikhodko and Partners", our specialists will provide you with qualified legal assistance!