- Concerning the Introduction of High Alert and Emergency Situation Regimes
- April 22, 2015
- Law Firm: Dentons Canada LLP - Toronto Office
- Order of the Cabinet of Ministers of Ukraine No. 47-p “On the Introduction of High Alert and Emergency Situation Regimes” entered into force on 26 January 2015. The Order imposes an emergency situation regime on the Donetsk and Lugansk regions and a high alert regime on other regions of Ukraine.
Emergency Situation Regime In Donetsk And Lugansk Regions
An emergency situation regime has been introduced in accordance with Articles 13 and 14 of the Civil Defense Code of Ukraine and does not provide for a material restriction of rights of citizens and businesses unlike the state of emergency (which is introduced by the Decree of the President of Ukraine to be approved by the Verkhovna Rada of Ukraine).
At the same time, the law of Ukraine provides for a number of measures which may affect the operation of enterprises located in the regions where an emergency situation regime is introduced. In particular, it is envisaged that depending on the circumstances arising in the emergency area, the emergency response operations manager independently decides on (1) implementation of evacuation measures; (2) cessation of the activities of enterprises located in the emergency area and restriction of access of the population to such area; (3) using vehicles, other property of enterprises located in the emergency area in the prescribed manner in order to carry out rescue operations and perform other emergency works; and (4) makes other decisions necessary to liquidate the consequences of an emergency situation and to ensure safety to the affected persons. Pursuant to Resolution of the Cabinet of Ministers of Ukraine No.18 dated 26 January 2015, the emergency response operations manager is the Deputy Head of the State Commission for Technogenic and Ecological Safety and Emergency Situations or another person designated by the Head of the Commission.
By Resolution No. 18 dated 26 January 2015 the Cabinet of Ministers of Ukraine established the State Commission for Technogenic and Ecological Safety and Emergency Situations (the “Commission”) and approved the Regulations on the Commission and its composition. The Commission consists of the Prime Minister of Ukraine (Head of the Commission), the Vice Prime Minister of Ukraine and representatives of ministries and government agencies. The Commission is a permanent body which ensures the coordination of activities of central and local executive authorities in order to provide technogenic and ecological safety, to protect the population and territories from the consequences of emergency situations, to take organizational measures associated with counteraction to terrorist activities and military threats and to prevent the occurrence of and respond to emergency situations.
High Alert Regime In The Other Regions Of Ukraine
According to the Order of the Cabinet of Ministers of Ukraine No. 47-p dated 26 January 2015 “On the Introduction of High Alert and Emergency Situation Regimes,” a high alert regime has been introduced in the other regions of Ukraine (except for the Donetsk and Lugansk regions).
Pursuant to Resolution of the Cabinet of Ministers of Ukraine No. 18 dated 26 January 2015 under a high alert regime the Commission is authorized to ensure the coordination of measures aimed to prevent the occurrence of an emergency situation at the state and regional levels, to create the reserve of personal protective equipment and material reserves to prevent an emergency situation and to liquidate its consequences, and to perform other actions associated with counteraction to terrorist activities and military threats, prevention of and responding to emergency situations.
Taking into account the fact that the law does not set any explicit requirements to be fulfilled by enterprises in a high alert regime, it is envisaged that specific measures will be determined by the competent authorities (the Commission, the State Emergency Service (the SES), etc.). We will monitor and keep you informed of the government decisions on any further measures to be taken.
Furthermore, on 26 of January 2015 the Cabinet of Ministers of Ukraine issued Order No. 48-p, which permitted to inspect civil defense forces (including certain categories of enterprises) as to their compliance with the requirements of the civil defense law. The decision is taken to improve the readiness of administrative authorities and civil defense forces to respond to emergencies in peacetime and during the special period, and to prevent their occurrence. For this purpose the State Emergency Service (the SES) and its territorial offices and local executive authorities are granted permission to check the readiness of control units, protective shelters and the availability of civil protection plans for the special period and emergency response plans.