Are the heads of enterprises liable for neglecting the "Air Alarm" signals, review of the draft law No. 7546 of 11.07.2022 (+ template of the Order on the appointment of a responsible person for civil protection issues)

07/11/2022 the draft Law of Ukraine "On Amendments to the Criminal Code of Ukraine regarding violations of legislation in the field of civil defense committed during martial law" was submitted to the Verkhovna Rada of Ukraine.

As stated in the explanatory notes to the draft of this draft law , since the beginning of the full-scale military aggression, the populated areas of Ukraine have been systematically subjected to rocket attacks, and in the front-line cities and villages - bombardment, artillery and mortar attacks.

The purpose of the draft law

The purpose of the draft law is to establish criminal liability for violation of the requirements of legislation in the field of civil protection, committed by an official of an enterprise, institution, organization or a citizen - a subject of entrepreneurial activity under martial law, if this violation caused damage to people's health or resulted in the death of people (according to the explanatory note ) .

Thus, the draft Law plans to supplement the Criminal Code of Ukraine with Article 270-2 of the following content:

"Article 270-2. Violation of legislation in the field of civil protection committed under martial law

1. Violation of the requirements of legislative and other normative legal acts in the field of civil protection, committed by an official of an enterprise, institution, organization or a citizen - a subject of entrepreneurial activity under martial law, if this violation caused damage to people's health, is punishable by a fine from one thousand to three thousand non-taxable minimum incomes of citizens, or correctional labor for a term of up to two years, or restriction of freedom for a term of up to three years, or deprivation of liberty for the same term.

2. The same act, committed repeatedly, or if it caused the death of people or other serious consequences, is punishable by imprisonment for a term of three to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years." .

It should be noted that the explanatory note to the draft law states that the current legislation of Ukraine in the field of civil protection provides for a clear algorithm of citizens' behavior and the corresponding powers of state authorities, local governments, heads of enterprises and organizations of all forms of ownership in the event of an emergency situation. By means of appropriate alerts (signals and messages), the civil protection management bodies convey information to the inhabitants of settlements about the threat and emergence of emergency situations, air raid alerts, accidents, disasters, epidemics, fires, etc. After receiving such alerts, citizens should act in accordance with the provided instructions and rules of civil protection. In particular, stop work and take the necessary safety measures.

So, we see that the legislator draws attention to the responsibility of certain persons for failure to fulfill the obligations stipulated by the legislation of Ukraine in the field of civil protection of the population, in particular, in the field of compliance with the algorithm of actions at the "Air alarm" signal.

What about the adoption of the draft law ?

The draft law in the version set out above received a negative opinion from the Committee on Integration of Ukraine into the European Union, which considered at its meeting on 02.11.2022 the draft Law on Amendments to the Criminal Code of Ukraine regarding violations of legislation in the field of civil protection committed under martial law ( r. No. 7546), recognized its provisions as regulated by the national legislation of the member states of the European Union and not subject to the international legal obligations of Ukraine in the field of European integration.

Also, the Main Scientific and Expert Department provided its opinion on the draft Law of Ukraine "On Amendments to the Criminal Code of Ukraine regarding violations of legislation in the field of civil defense committed under martial law"

Despite such conclusions, it is necessary to accurately understand the tendency of the lawmaker, who has already planned the way of strengthening the responsibility, in particular of officials, in case of non-compliance with the requirements of the legislation in the field of civil protection, committed in the conditions of martial law. Thus, it will not be superfluous for every society to check compliance with the requirements of the legislation in the field of civil protection.

Tasks and responsibilities of business entities in the field of civil protection

According to Art. 20 of the Civil Protection Code , tasks and responsibilities of business entities in the field of civil protection include:

1) ensuring the implementation of measures in the field of civil protection at the objects of the economic entity;

2) providing employees with means of collective and individual protection in accordance with the legislation;

3) placement of information on safety measures and appropriate behavior of the population in the event of an accident;

4) organization and implementation of evacuation measures for employees and property of the business entity during emergency situations;

5) creation of object formations of civil protection in accordance with this Code and other legislative acts, the material and technical base necessary for their functioning and ensuring the readiness of such formations for actions as assigned;

6) creation of dispatching services in accordance with this Code and other laws necessary to ensure the safety of high-risk facilities;

7) carrying out an assessment of the risks of emergency situations at the objects of the economic entity, taking measures to ensure that the acceptable levels of such risks are not exceeded;

8) implementation of training of employees on civil protection issues, including man-made and fire safety rules;

10) development of plans for localization and liquidation of accidents and their consequences at high-risk facilities;

11) conducting object training and exercises on civil protection issues;

12) provision of emergency and rescue services for business entities in accordance with the requirements of Article 133 of this Code;

13) implementation of civil protection measures, which reduce the level of risk of emergency situations, at one's own expense;

14) provision of unimpeded access for officials of state supervision bodies, workers of emergency and rescue services, with whom agreements on emergency and rescue services of business entities have been concluded, to carry out surveys for compliance of emergency measures with plans for localization and elimination of accidents and their consequences at facilities of increased danger, civil defense forces - to carry out emergency rescue and other urgent work in case of emergency situations;

15) ensuring compliance with the requirements of legislation regarding the creation, storage, maintenance, use and reconstruction of civil defense protective structures;

16) accounting for civil defense protective structures that are on the balance sheet (maintenance);

17) observance of the anti-epidemic, anti-epizootic and anti-epiphytic regime;

18) creation and use of material reserves for the prevention and liquidation of the consequences of emergency situations;

19) development of measures to ensure fire safety, implementation of scientific and technical achievements, positive experience on the specified issue;

20) development and approval of instructions and issuance of orders on fire safety issues, implementation of constant control over their implementation;

21) ensuring the fulfillment of the requirements of legislation in the field of man-made and fire safety, as well as the fulfillment of the requirements of prescriptions, resolutions and orders of the central executive body implementing state policy in the field of civil protection;

22) maintenance of civil and fire protection means in good condition, preventing their use for other purposes;

23) implementing measures to implement automatic means of detecting and extinguishing fires and using production automation for this purpose;

24) timely informing on civil protection issues of the relevant civil protection management bodies in the form and within the terms established by the central executive body, which ensures the formation of state policy in the field of civil protection;

25) performance of other tasks and measures in the field of civil protection provided for by this Code and other legislative acts.

According to Part 2 of Art. 20 of the specified Code , the organization of civil protection measures of a business entity is carried out by divisions (officials) on civil protection issues, which are created (appointed) by the heads of the specified business entities, taking into account the following requirements:

1) units for civil protection issues are created in economic entities assigned to the relevant categories of civil protection, with more than 3,000 employees;

2) officials are appointed in business entities, as well as health care institutions with a total number of employees and persons receiving treatment from 200 to 3 thousand people and in business entities assigned to the second category of civil protection on matters of civil protection;

3) civil protection officials are appointed in educational institutions with 500 or more people who are getting education on a full-time basis;

4) in economic entities with the number of employees up to 200 persons, civil protection officers are appointed due to the number of employees of the economic entity.

We conclude that each business entity, taking into account the number of employees, must create a corresponding unit or appoint a responsible person.

Create an Order on the appointment of a responsible person for civil protection issues in the Instaco designer using the link . To create, you only need to enter the necessary data in the designer.

The order on the appointment of a responsible person for civil protection was prepared by attorney Natalya Krasnokutska (Instagram @advocate_knn , Facebook instaADVOCATE ) .

The lawyer conducts legal consultations on issues of business support:

• in any messenger by calling +380969900861

• in Instagram direct @advocate_knn or in Facebook messenger   instaADVOCATE .

• by e-mail [email protected]