Today, on March 25, the Cabinet of Ministers of Ukraine extended the all-Ukrainian lockdown for another 30 days until April 24 and introduced an emergency situation throughout the country.
Prior to this, the emergency mode was introduced in Chernivtsi, Zhytomyr, Kyiv, Lviv and several other regions of the country.
It is worth noting that earlier the President of Ukraine has already announced the possible introduction of a state of emergency in the country. If necessary.
Now about what an emergency situation is and how it differs from a state of emergency.
What is an emergency situation?
Official wording: an emergency situation in a separate territory or business entity or body of water, which is characterized by a violation of usual living conditions caused by a catastrophe, accident, fire, natural disaster, epidemic, epizootic, epiphysis, use of weapons, or other dangerous events.
And this situation has led (or may lead) to a threat to the life or health of the population, a large number of dead and injured, causing significant material damage. It may also lead to the inability of the population to live in such territory or facility, carrying out economic activities on it.
Сommon features of an emergency situation:
- actual or potential mortality;
- a significant deterioration in living conditions;
- a significant deterioration of the health of citizens;
- economic losses.
According to the Decree of the Cabinet of Ministers No. 368 of March 24, 2004, emergencies are classified by the volume of the consequences, as well as the technical and material resources necessary for their elimination.
Technological emergencies are the follow up of traffic accidents, catastrophes, fires, unprovoked explosions or their threat, accidents with the release (threat of releasing) of dangerous chemical, radioactive, biological substances, etc.
Natural emergencies are the follow up of dangerous geological, meteorological, hydrological, marine and freshwater phenomena, soil degradation, natural fires, changes in the state of the air basin, infectious diseases of people, etc.
Emergency of anti-constitutional directivity: realization or real threat of a terrorist act, highjacking (highjacking attempted) or destruction of ships, the installation of explosive devices in public places, stealing of weapons, the identification of obsolete ammunition, etc.
Military emergencies are situations related to the consequences of using weapons of mass destruction or conventional means of destruction.
Also, depending on the territory, the size of the losses, the number of fatalities, there are another 4 emergency levels: national, regional, local and facility.
What is State of emergency?
According to the Law of Ukraine on the legal regime of the state of emergency, the state of emergency is a special legal regime, that may be introduced in Ukraine or on some territories in the event of natural and man-made emergencies of not less than a nation-wide level.
A state of emergency shall be introduced to ensure the security and health of citizens, to prevent human and material losses, to restore law and order during a forceful attempt to seize state power and protect the constitutional order of Ukraine. The essence of the regime is the provision of powers to the relevant state authorities, military command, and local self-government bodies, as well as the adoption of temporary restrictions of the constitutional rights and freedoms of citizens, and the rights and legitimate interests of legal entities in order to prevent threats.
What’s the legal procedure? Ukraine’s President shall introduce the emergency state in the whole country or on separate territories. The proposal for its introduction should be filed by the Cabinet of Ministers.
The President’s order needs to be approved in the Parliament within two days.
According to Article 4 of the above-mentioned law, epidemics and panzootics may become the reason for introducing the emergency state.
What’s the term?
30 days maximum in the territory of the whole country, or 60 days – in separate regions.
As circumstances may require the state of emergency may be prolonged by the President for another 30 days (again after the Parliament approves).
What are the restrictions?
- restricted entry and exit to the regions and cities;
- mass events ban and no-strike rule;
- army and police to be involved to enhance law enforcement;
- some roads may be closed;
- airports may cease operation;
- political parties cease their activity;
- law enforcement officers get the right to inspect vehicles, houses, seize propertyж
- food stamps may be introduced;
- the population may be evacuated from dangerous areas if needed;
- the targeted draft may be introduced with the President’s order;
- the government shall be entitled to dispose the assets of enterprises, institutions and organizations of all forms of ownership.