New lockdown and the 35-year anniversary of Chornobyl nuclear disaster: decisions by Government and President

Decision-maker: the Cabinet.

Who is affected: Ukrainian citizens, businesses, employers, employees, government bodies, and local government.

What does it change: from January 8 to January 24, the following restrictions will apply:

• a number of businesses have to be closed:
• cafes, restaurants, and bars (except for to-go and delivery options)
• fitness clubs, gymnasiums, and pools
• theaters and movie theatres
• shopping and recreation centers (except departments that sell food, drugs, veterinary drugs, sanitary products, and household chemicals)
• non-food markets
• educational establishments will not provide their services (except for kindergartens)
• mass public events will be prohibited.

What is right:

• new restrictive measures have been discussed with representatives of business, local governments, and epidemiologists
• the decision to introduce the lockdown has been made a month ahead of its implementation. Ukrainian citizens and businesses will not be taken by surprise and will have enough time to prepare.

What is wrong:

• the Government has no authority to introduce such restrictions. According to the Constitution, constitutional human rights can be restricted only by a law or by declaring an emergency state
• the Constitutional Court of Ukraine has already ruled that such restrictions can be introduced only by a law — a legislative act by the Verkhovna Rada that is the sole body of legislative power in Ukraine.

Decision-maker: the President.

Who is affected: the Cabinet, the Ministry of Foreign Affairs, diplomatic missions, heads of oblast state administrations, and Ukrainian citizens.

What does it change: the following tasks are set:

• for the Cabinet:
• to ensure better fire safety and sanitation for the forests in the Chornobyl Exclusion Zone and the Zone of Mandatory Resettlement
• to analyze and update legislation to ensure social security for the citizens affected by the Chornobyl nuclear disaster
• update the special-purpose environmental program of handling radioactive waste and the program on decommissioning the Chornobyl nuclear power plant
• approve and oversee the implementation of the action plan for the 35-years anniversary of the disaster and honoring Chornobyl cleanup veterans.
• for the Ministry of Foreign Affairs: ensure that Ukrainian diplomatic missions host events in commemoration of the anniversary
• for the heads of oblast state administrations and the head of Kyiv city state administration: develop and implement the action plan to commemorate the anniversary and engage the general public.

What is wrong: the President has no authority to set tasks for the Government, in particular, to commemorate anniversaries. The President is not a part of the executive branch and not the head of the government. The Cabinet is the highest body of state executive power and the President cannot give it orders.