As of April 6, 2020, according to data from the National Police’s official website, 3,922 administrative reports have been filed, including 182 for violations of self-isolation rules. In addition, the police are investigating 46 criminal cases involving violations of quarantine rules.
The “Barristers” Law Firm has compiled a selection of relevant court decisions related to the implementation of quarantine measures.
Regarding court proceedings:
http://www.reyestr.court.gov.ua/Review/88550458 - Ruling of the Central Commercial Court of Appeal dated April 2, 2020 (which, among other things, addresses the service of procedural documents to the parties via email and the operation of the “Electronic Court” system)
http://www.reyestr.court.gov.ua/Review/88531135 - Ruling of the Primorsky District Court of Mariupol, Donetsk Oblast, dated April 1, 2020, granting the defendant’s motion to conduct the trial via videoconference.
http://www.reyestr.court.gov.ua/Review/88536910 - Order of the Malynovsky District Court of Odessa dated April 1, 2020, denying the defense counsel’s motion to conduct the trial via videoconference and postponing the hearing of the case.
http://www.reyestr.court.gov.ua/Review/88538428 ; http://www.reyestr.court.gov.ua/Review/88539729 ; http://www.reyestr.court.gov.ua/Review/88538411 - Rulings of the Lviv Court of Appeals granting the motion of the Zhydachiv District Court of Lviv Oblast to refer the case concerning an administrative offense under Article 44-3 of the Code of Administrative Offenses to another court due to the inability to automatically assign the case and designate a judge for the hearing.
http://www.reyestr.court.gov.ua/Review/88550441 - Ruling of the Sixth Administrative Court of Appeal dated April 2, 2020, following consideration in written proceedings (the attorney’s motion to postpone the proceedings due to his self-isolation was denied).
http://www.reyestr.court.gov.ua/Review/88524300 - Order of the Dnipropetrovsk District Administrative Court dated April 1, 2020 (explaining the requirements for procedural documents filed through the “Electronic Court” system).
http://www.reyestr.court.gov.ua/Review/88549169 - Ruling of the Kyiv City District Administrative Court dated April 2, 2020, on accepting the complaint for consideration and opening proceedings in the case (references the “Electronic Court” system, the operation of the Unified Judicial Information and Telecommunications System, the submission of documents to the court during quarantine, and the extension of the statute of limitations)
http://www.reyestr.court.gov.ua/Review/88556056 - Order of the Commercial Court of Cassation dated April 2, 2020 (noting the possibility of submitting procedural documents—such as statements, motions, complaints, responses, etc.—to the court’s email address (kgs@supreme.court.gov.ua), through the personal account in the “Electronic Court” system, by mail, fax, or remote means of communication, and to perform other procedural actions electronically using one’s own electronic digital signature, which is equivalent to a handwritten signature in accordance with the requirements of the Law of Ukraine “On Electronic Documents and Electronic Document Management” and the Law of Ukraine “On Electronic Trust Services.”)
http://www.reyestr.court.gov.ua/Review/88550820 - Ruling of the Commercial Court of Zaporizhzhia Oblast dated April 2, 2020 (on the introduction of a special court operating regime)
http://www.reyestr.court.gov.ua/Review/88570786 ; http://www.reyestr.court.gov.ua/Review/88570787 - Rulings of the Cassation Criminal Court dated April 2, 2020, granting the defense attorneys’ motion to postpone the court hearing.
http://www.reyestr.court.gov.ua/Review/88551026 - Ruling of the Commercial Court of Kyiv Region dated April 2, 2020—postponement of the court proceedings for an indefinite period at the court’s initiative.
http://www.reyestr.court.gov.ua/Review/88550359 - Ruling of the Fifth Administrative Court of Appeal dated April 2, 2020, adopted following a hearing conducted through written proceedings, to which the parties agreed due to the imposition of quarantine.
https://lk.lv.court.gov.ua/sud1312/pres-centr/news/918159/ - An order issued by the Chief of Staff of the Lychakiv District Court of Lviv on March 31, 2020, stipulates that remote access to court case materials shall be conducted in accordance with the requirements of Section XI of the Regulations on the Automated Court Document Management System.
Regarding violations of quarantine rules:
http://www.reyestr.court.gov.ua/Review/88539853 - Ruling of the Zarichny District Court of Sumy dated April 1, 2020 - finding the defendant guilty of committing an administrative offense under Article 44-3 of the Code of Administrative Offenses and imposing an administrative penalty in the form of a fine of 17,000 UAH (for being in a supermarket without personal protective equipment)
http://www.reyestr.court.gov.ua/Review/88519612 - Ruling of the Shevchenkivskyi District Court of Kyiv dated March 31, 2020, finding the defendant guilty and imposing an administrative penalty in the form of a fine of 17,000 hryvnias (for transporting a large number of passengers in a minibus).
http://www.reyestr.court.gov.ua/Review/88517616 - Ruling of the Vyzhnytsia District Court of Chernivtsi Oblast dated March 31, 2020, which dismissed the case due to the absence of an incident and the elements of an administrative offense (regarding the “Nova Poshta” operator—it was clarified that quarantine restrictions do not apply to all postal service facilities).
http://www.reyestr.court.gov.ua/Review/88520190 - Ruling of the Sumy District Court of Sumy Oblast dated March 31, 2020, dismissing the case due to the absence of the elements of an administrative offense. (References by authorized officials of the Sumy District Police Department of the Main Directorate of the National Police of Ukraine in Sumy Oblast to inappropriate regulatory acts: “The Sumy Oblast Commission on Technogenic and Environmental Safety and Emergencies is not a local self-government body; its decisions are advisory in nature and are not binding on citizens”)
http://www.reyestr.court.gov.ua/Review/88542508 - Ruling of the Zhovtnevy District Court of Kryvyi Rih, Dnipropetrovsk Oblast, dated April 1, 2020, on the return of the report for proper processing.
http://www.reyestr.court.gov.ua/Review/88531241 - Ruling of the Mashiv District Court of Poltava Oblast dated April 1, 2020, regarding the referral of administrative materials for proper processing.
http://www.reyestr.court.gov.ua/Review/88540133 - Ruling of the Tsjurupynsk District Court of the Kherson Region dated April 1, 2020, returning the case for further processing.
http://www.reyestr.court.gov.ua/Review/88532376 - Ruling of the Prydniprovsk District Court of Cherkasy dated April 1, 2020, referring the case to another court based on territorial jurisdiction.
http://www.reyestr.court.gov.ua/Review/88517925 - Ruling of the Darnytskyi District Court of Kyiv dated March 24, 2020, closing the proceedings due to the absence of elements constituting an administrative offense (for engaging in retail sales of food products without a mask and gloves)
http://www.reyestr.court.gov.ua/Review/88532563 - Ruling of the Uman City and District Court of Cherkasy Oblast dated April 1, 2020, dismissing the case due to the absence of an administrative offense (incorrectly identified party, lack of evidence).
http://www.reyestr.court.gov.ua/Review/88531221 - Ruling of the Lubny City and District Court of Poltava Oblast dated April 1, 2020, dismissing the case due to the absence of the elements of an administrative offense.
http://www.reyestr.court.gov.ua/Review/88531787 - Ruling of the Kramatorsk City Court of Donetsk Oblast dated April 1, 2020, dismissing the case due to the absence of the elements of an administrative offense.
http://www.reyestr.court.gov.ua/Review/88531825 - Ruling of the Kuznetsov City Court of Rivne Oblast dated April 1, 2020, which dismissed the case due to the absence of an incident and the elements of an administrative offense in her actions.
Author: Barristers