Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 68
Enero
Junio
2021
Recibido el 12/03/2020 Aceptado el 06/02/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 39, Nº 68 (Enero - Junio) 2021, 427-440
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Administrative-Legal Support of
Business Entities: New Quarantine
Realities
DOI: https://doi.org/10.46398/cuestpol.3968.27
Maryna Slobodianiuk *
Inna Zhdanova **
Alina Matviichuk ***
Abstract
The Covid-19 coronavirus pandemic has affected the world.
The government is stepping up quarantine measures in its
countries for the second time. Strict quarantine is beginning to
be introduced in more and more countries around the world.
Quarantine restrictions signicantly affect businesses and limit
their rights. In this regard, the issue of protection of business rights
remains relevant. The purpose of the article is to study the administrative
features of protection of the rights of economic entities in quarantine. The
subject of the study is the social relations that arise in the protection of
business in quarantine conditions. The research methodology consists of
the dialectical method, historical method, system method, modeling and
abstraction methods, as well as induction, deduction, analysis, synthesis
and comparative law methods as a special research methods. The authors
came to the conclusion that the state took decisive measures to ensure the
rights of economic entities, by they signicantly reected on guarantees for
entrepreneurs and in general, in particular, their ability to operate, which
signicantly affects the economies of countries.
Keywords: legislation; business entities; legal support; administrative
law; pandemic quarantine.
* Department of Administrative and Financial Law, National University «Odesa Law Academy». ORCID
ID: https://orcid.org/0000-0002-9798-7803. Email: Ladymary08101993@gmail.com
** Department of Constitutional, International and Criminal Law, Vasyl’ Stus Donetsk National
University. ORCID ID: https://orcid.org/0000-0002-5289-358X. Email: jdanova@donnu.edu.ua
*** Department of Economic Law and Procedure, National University «Odesa Law Academy». ORCID ID:
https://orcid.org/0000-0002-0606-7594. Email: Alina.Matveychuk@gmail.com
428
Maryna Slobodianiuk, Inna Zhdanova y Alina Matviichuk
Administrative-Legal Support of Business Entities: New Quarantine Realities
Apoyo administrativo-legal de las entidades
comerciales: nuevas realidades cuarentenarias
Resumen
La pandemia del coronavirus COVID-19 ha afectado al mundo. El
gobierno está intensicando las medidas de cuarentena en sus países
por segunda vez. La cuarentena estricta está comenzando a introducirse
en más y más países de todo el mundo. Las restricciones de cuarentena
afectan signicativamente a las empresas y limitan sus derechos. En este
sentido, la cuestión de la protección de los derechos empresariales sigue
siendo relevante. El objeto del artículo es estudiar las características
administrativas de la protección de los derechos de las entidades económicas
en cuarentena. El tema del estudio son las relaciones sociales que surgen en
la protección de empresas en condiciones de cuarentena. La metodología
de investigación consta del método dialéctico, método histórico, método
de sistema, métodos de modelado y abstracción, así como métodos de
inducción, deducción, análisis, síntesis y derecho comparado como
métodos especiales de investigación. Los autores llegaron a la conclusión
de que el Estado tomó medidas decisivas para asegurar los derechos de las
entidades económicas, al reejarse signicativamente en las garantías para
los emprendedores y en general, en particular, su capacidad para operar, lo
que afecta signicativamente las economías de los países.
Palabras clave: legislación; entidades comerciales; soporte legal;
derecho administrativo; pandemia cuarentena.
Introduction
The World Health Organization has conrmed that the epidemic of the
Covid-19 virus has reached the level of a pandemic and called on states to
take immediate action to prevent the spread of the virus. Unfortunately, the
pandemic did not end with the rst wave of infection. For the second time,
the government is stepping up quarantine measures. Strict quarantine is
beginning to be introduced in more and more countries around the world.
Quarantine restrictions signicantly affect businesses and limit their rights.
In this regard, the issue of protection of business rights remains relevant.
The economies of countries that have not recovered from the
consequences of the rst quarantines, as a matter of urgency is becoming
a strict quarantine. Forced transition to telecommuting, prohibition of
dismissal, reduction of working hours, granting paid leave – this is a list
of state requirements for business, and this is just “the tip of the iceberg”.
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Vol. 39 Nº 68 (Enero - Junio 2021): 428-440
Ukrainian businesses felt the impact of the pandemic since March
17, 2020, as from that date they began to actively implement quarantine
measures that signicantly affected business rights.
Thus, the issue of introduction and functioning of quarantine is
regulated by the Law of Ukraine “On Protection of the Population from
Infectious Diseases” (2000), which stipulates that quarantine is established
and abolished by the Cabinet of Ministers of Ukraine which can establish
temporary restrictions on the rights of individuals and legal entities and
establish additional obligations imposed on them. The quarantine measures
also give additional powers to local governments.
Following the Resolution of the Cabinet of Ministers of Ukraine No 211
of March 11, 2020 “On prevention of the spread of coronavirus Covid-19”
(with further changes) quarantine was established in Ukraine and it is
forbidden to visit educational institutions, hold mass events (except for
measures necessary to ensure the work of public authorities and local
governments).
Also, the Ukrainian authorities adopted decisions restricting the
activities of some business entities and imposing sanctions for violating
quarantine measures.
The above-mentioned acts in Ukraine introduced such a special regime
as quarantine and emergency, which are ensured by the introduction of
restrictions on the rights of economic entities. Therefore, it is important
to analyze how the regime introduced to limit the spread of Covid-19 has
affected the rights of businesses in Ukraine, as well as their administrative-
legal support.
1. Methodology
The methodology of research of administrative-legal support of the
rights of business entities in the conditions of Covid-19 consists of general
and special scientic methods.
Thus, a dialectical method is used to learn the essence of administrative-
legal support of the rights of economic entities. Moreover, the historical
method was used in the analysis of the patterns of the formation of the
rights of economic entities. Further, the system method was used in the
analysis of administrative and legal support of the rights of entrepreneurs
as a systemic phenomenon.
What is more, the methods of modeling and abstraction were used in
the process of formulating proposals to the current legislation of Ukraine.
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Maryna Slobodianiuk, Inna Zhdanova y Alina Matviichuk
Administrative-Legal Support of Business Entities: New Quarantine Realities
Besides, the study also used general epistemological methods of
cognition – induction, deduction, analysis, and synthesis, which allowed
investigating the administrative-legal support of the law of economic
entities in the context of Covid-19 comprehensively.
Finally, the comparative legal method was used to compare the
norms of national legislation and foreign legislation on the regulation of
administrative-legal support of the rights of economic entities in Ukraine
and the world.
2. Theoretical framework
At present, the administrative and legal provision of the rights of
business entities in the context of Covid-19 has not been studied, as this
topic is completely new in the legal environment.
Therefore, consider the work of scientists who have developed a general
theoretical basis for this topic. In particular, Derevyanko and Turkot (2019)
in their work analyzed the protection of the rights of economic entities.
Moreover, Humin and Pryakhin (2014) analyzed different approaches to
dening the concept and structure of administrative and legal support. In
addition, Ierusalemova (2006) studied the mechanism of administrative-
legal support of human and civil rights and freedoms. Besides, Zagnitko
(2001) in his study analyzed the protection of the rights and interests of
economic entities in the legal system of Ukraine. Furthermore, Kolos (2020)
spoke about the rights of business entities in the conditions of Covid-19.
Also, Krivorot and Martynenko (2020) considered human rights
interference during a pandemic. Besides, Nikolenko (2017) analyzed the
protection of the rights and interests of economic entities in the context of
legislative reform and identied key issues that should be addressed.
It should be noted that Marchenko (1998) provided general theoretical
provisions on which the research is based. As well as Paliyuk (2003)
considered the place of the Convention for the Protection of Human Rights
and Fundamental Freedoms in the legal system of Ukraine, as well as its
impact and use in the protection of the rights of economic entities.
Tsvik et al. (2002) developed the general provisions of the theory of
state and law, which allowed to conduct research using different denitions
of the concepts of administrative-legal support and the rights of economic
entities. In addition, Shishkina (2005) considered some aspects of the legal
nature of the decisions of the European Court of Human Rights and their
impact on the protection of rights in Ukraine.
Also, the information used in the study is posted on the websites of
various law rms, communities, including the Baykovets community
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(2020), and NGOs (Public space, 2020), and Newspapers (Legal Internet
resource Protocol, 2020; Online edition Yuridichna Gazeta, 2020). Thus,
from the above sites, an explanation of the activities of business entities
during quarantine and how administrative liability is applied in Ukraine for
violating the conditions of quarantine.
From the above analysis of the literature, we can conclude that the
scientic study of administrative and legal support of business rights due to
the second wave of quarantine was not conducted, but in a short period of
time great interest in this topic from scientists and lawyers shows that this
topic is relevant.
3. Results and discussion
Having analyzed how the rights of entrepreneurs are respected during
the pandemic in Ukraine, it is important to consider how such rights are
respected in foreign countries.
For example, in the United States, businesses have been allocated $ 1.8
billion in a payroll protection program to cover wage costs, and provided
that all jobs for the company are retained during quarantine, the borrowed
money may not be repaid.
In Germany, there are emergency nancial assistance programs for
businesses that have suffered the most from quarantine.
Poland has approved a package of legislative changes to support small
businesses and employees, namely: tax deferral; exemption for 3 months
from the payment of the contribution to the state social insurance of small
enterprises, which employ no more than nine people; compensation to
selfemployed persons for termination of the activity.
Thus, EU member states direct nancial resources to support
entrepreneurs.
Given the above, Covid-19 signicantly restricts the rights of businesses,
and the state has a wide range of legislative mechanisms to combat the
spread of coronavirus, which provide for the introduction of special
restrictions on business.
Before analyzing the administrative-legal support of business entities
in the context of Covid-19, it is important to dene administrative-legal
support and the rights of business entities.
The notion of “administrative-legal support” is one of the important
categories of the science of administrative law. Thus, administrative-
legal support is considered as one of the types of legal support, which act
purposefully on the behavior of people and public relations through certain
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Maryna Slobodianiuk, Inna Zhdanova y Alina Matviichuk
Administrative-Legal Support of Business Entities: New Quarantine Realities
legal means. In general, the eld of legal support covers a set of rules of
management, which can and should be regulated by law and legal means,
namely, security can be considered as the support of state-authorized bodies
to perform their functions and as a result of this activity, expressed in the
actual implementation of legal regulations, rights, and freedoms of citizens.
Regarding the administrative-legal support of the rights of economic
entities, we can say that this is a complex, multifaceted, complex concept,
the main content of which is the state’s activities to create appropriate
legal conditions for the rights of economic entities, especially in Covid-19,
by the establishment of appropriate regulatory support. In this case,
administrative-legal support should take place in three main areas: legal,
scientic, and information.
Fig. 1. Changes in GDP per capita in Europe and East Asia (2018-
2020) (due to the application of quarantine measures).
Data provided by the World Bank (2020).
Fig. 1 shows the change in GDP per capita due to the impact of
coronavirus infection and quarantine measures. Thus, South Caucasus
includes Armenia, Azerbaijan, and Georgia; Eastern Europe includes
Belarus, Moldova, and Ukraine; Western Balkans includes Bulgaria, Croatia,
Hungary, Poland, and Romania; Central Europe includes Albania, Bosnia
and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia;
and Central Asia includes Kazakhstan, the Kyrgyz Republic, Tajikistan,
Turkmenistan, and Uzbekistan. Thus, as we can see on the g. 1, there is a
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CUESTIONES POLÍTICAS
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negative trend with regards to the economy of many countries, therefore, in
the time of quarantine, state support for business is necessary.
As for the rights of business entities, Article 47 of the Commercial Code
of Ukraine provides guarantees for entrepreneurs (Public space, 2020).
Thus, the state has undertaken to provide all entrepreneurs, regardless
of their chosen organizational forms of entrepreneurial activity, equal
rights and equal opportunities to attract and use logistical, nancial, labor,
information, natural and other resources. In this case, the logistics of the
entrepreneur, which are centrally distributed by the state, is carried out
to perform supplies, works, or services by the entrepreneur for priority
government needs.
Damages caused to an entrepreneur as a result of the violation of his
property rights by citizens or legal entities, public authorities or local
governments shall be reimbursed to the entrepreneur under the Commercial
Code of Ukraine (2003) and other laws.
Also, the state guarantees the inviolability of property and protects
the property rights of the entrepreneur, and the seizure of state and local
authorities from the business entity of xed and working capital, other
property is allowed by Article 41 of the Constitution of Ukraine (1996) on
the grounds and in the manner prescribed by law.
In addition, there are social guarantees, namely that an entrepreneur
or citizen who works for an entrepreneur for hire, in cases provided by law,
may be involved in the performance of state or public duties during working
hours, with compensation to the entrepreneur of the corresponding losses
by the body which makes such decision, and disputes on the compensation
of losses are resolved by the court.
The rights of quarantined businesses are subject to state interference.
Therefore, it is important to analyze the administrative and legal support of
the rights of entrepreneurs.
The above-mentioned Resolution prohibits the work of the vast majority
of service entities during the quarantine period, which provides for the
reception of visitors, including catering establishments, shopping and
entertainment centers, other entertainment establishments, tness centers,
cultural institutions, trade, and consumer services. Such a ban effectively
deprives them of the opportunity to earn a living to meet the basic needs of
them and their families, without providing any alternatives for employment
or other legitimate sources of income. The conditions created by such
actions of the government make it impossible for citizens to use a number
of fundamental rights provided by the Constitution of Ukraine (1996),
in particular, such as the right to entrepreneurial activity, which is not
prohibited by law, the right to work, which includes the opportunity to earn
a living by work that he freely chooses or agrees to, the right to a sufcient
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Maryna Slobodianiuk, Inna Zhdanova y Alina Matviichuk
Administrative-Legal Support of Business Entities: New Quarantine Realities
standard of living for himself / herself and his / her family, including food,
clothing, housing.
Therefore, it is necessary to analyze whether this is a violation of the
rights of the business entity in the sense of international legal protection.
Article 17 of the Law of Ukraine “On the enforcement of judgments and
application of the Case Law of the European Court of Human Rights” (2006)
stipulates that courts use the Convention and the case-law of the European
Court of Human Rights as a source of law when considering cases.
Thus, according to Art. 9 of the Constitution of Ukraine (1996),
the Convention for the Protection of Human Rights and Fundamental
Freedoms, ratied by Ukraine (hereinafter – the Convention) (1950), is
part of national legislation.
Article 19 of the Convention provides that, in order to ensure compliance
by the States Parties to the Convention, their obligations under the
Convention and its Protocols, a European Court of Human Rights shall
be established and shall function on a permanent basis. The Contracting
Parties undertake to comply with the nal judgments of the Court in any case
to which they are parties. Under the Convention, freedom may be restricted
for good reason. The articles of the above-mentioned Convention provide
for interference with fundamental rights in cases where this is necessary in
a democratic society to protect the health of the citizens. Article 15 of the
Convention also provides for a derogation from certain rights, but only to
the extent required by the provision and provided that such measures do
not conict with its other obligations under international law.
The European Court of Human Rights in its explanations on the
application of Art. 15 of the Convention stated that due attention was paid
to such factors as:
- the nature of the rights affected by the waiver, the circumstances
giving rise to the emergency and its duration;
- whether the legislation already adopted in the country would be
sufcient to overcome the threat posed by public danger;
- whether the measures are a real response to the emergency;
- whether the measures were used for the purpose for which they were
authorized;
- and whether there were guarantees against abuse by public
authorities.
Many scholars, both from the adversaries and from the supporters of
Western civilization, pay attention to the problems with which it faced
at the present stage of its development. Thus, criticized “excessive”
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democracy, the uncertainty of the boundaries of freedoms (Kharytonov et
al., 2019). Nevertheless, humanity has not created a better type of social
system than democracy. Only taking into account the interests of as many
members of the human community as possible while adhering to clear rules
and principles of coexistence can lead to the development of a full-edged
society and state (Shyshka and Tkalych, 2020).
Therefore, in the context of restricting the rights of entrepreneurs, it is
necessary to establish whether there was indeed a public danger, whether
adequate measures were taken concerning the threat and whether national
legislation was sufcient.
Consider the state of administrative-legal support of the rights of
economic entities in terms of Covid-19.
The state takes measures to ensure the rights of economic entities.
Thus, under Covid-19 and the restrictions imposed during the quarantine
period, the state introduced tax holidays, exemption of natural persons
entrepreneurs from paying a single social contribution, as well as exempt
from land tax, tax on non-residential real estate, rent for land; it is forbidden
to carry out inspections of economic activity (except for the group with a
high degree of risk); nes for violations of tax legislation were abolished
and the deadline for ling an annual declaration of property and income
was extended.
Concerning the fullment of obligations under contracts, during the
quarantine period, it is prohibited to increase interest on the loan (including,
but not limited to, the consumer’s delay in the period from March 1,
2020, to May 31, 2020 fullment of payment obligations). However, such
prohibition does not apply to cases of application of a variable interest rate,
at which the lender independently, with the frequency specied in the loan
agreement, has the right to increase and is obliged to reduce the interest
rate under the terms and conditions established by the loan agreement.
The obligation to full the main obligation secured by the mortgage is also
suspended, and foreclosure on the subject of the mortgage is not allowed
for the period of quarantine or restrictive measures related to the spread of
coronavirus disease.
In addition, until May 31, 2020, it is prohibited for state supervision
(control) bodies to carry out planned measures for state supervision (control)
in the eld of economic activity, except for state supervision (control) of
high-risk economic entities in the eld of compliance requirements for the
formation, establishment, and application of state-regulated prices and the
eld of sanitary and epidemiological well-being of the population.
It is equally important that in order to support business, the Government
is improving the mechanism of the state program “Affordable Loans 5-7-
9%”, expanding its functionality and the range of entrepreneurs who will
be able to use it.
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Maryna Slobodianiuk, Inna Zhdanova y Alina Matviichuk
Administrative-Legal Support of Business Entities: New Quarantine Realities
As for the quarantine itself, it can be considered a force majeure for the
fullment of obligations under the contracts. The basis for the certication of
force majeure is the presence of one or more force majeure (force majeure),
as well as determined by the parties to the contract, contract, agreement,
model agreement, legislative, departmental and/or other regulations that
affected the obligation in such a way as to make it impossible to perform it
within the period stipulated by the agreement, contract, agreement, model
agreement, legislative and/or other normative acts, respectively.
Regarding the rent, following Part 6 of Art. 762 of the Civil Code
of Ukraine (2003), the lessee is exempt from payment for the entire
period during which the property could not be used by him / her due to
circumstances for which he is not responsible. Subsequently, the legislator
found that at the time of the relevant restrictive quarantine measures
introduced by the Cabinet of Ministers of Ukraine to prevent the spread
of coronavirus disease in Ukraine (Covid-19), circumstances for which the
employer (tenant) is not responsible under part two of Article 286 Of the
Commercial Code of Ukraine (2003), parts four and six of Article 762 of the
Civil Code of Ukraine, there are also measures introduced by the subjects
of power, which prohibit certain types of economic activity with the use of
pits leasehold or measures which prohibit access to such property to third
parties.
Besides, the state ensured the rights of natural persons-entrepreneurs
and members of the farm who did not pay insurance premiums during the
quarantine period and included these periods in the insurance period.
Thus, to ensure the rights of economic entities, the following conditions
must be met:
1. Surveillance measures taken to combat Covid-19 shall be lawful,
necessary, and proportionate.
2. Ukraine shall follow the principles of transparency regarding the
measures taken to examine them and, if necessary, amending,
revoking, or repealing them.
3. All information on changes in the rights of economic entities should
be publicly available.
4. Any measures should include mechanisms for reporting and
protection against abuse, and citizens should, in turn, be able
to become aware of actions and challenge any Covid-19-related
measures to collect, aggregate, store and further use their data.
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Conclusions
As a result of the study, the rights of business entities under Covid-19,
and their administrative-legal support were analyzed.
Thus, concerning administrative-legal support the following should be
stated:
Hence, concerning the fullment of obligations under contracts,
during the quarantine period, it is prohibited to increase interest on the
loan. However, such prohibition does not apply to cases of application of a
variable interest rate, at which the lender independently, with the frequency
specied in the loan agreement, has the right to increase and is obliged to
reduce the interest rate under the terms and conditions established by the
loan agreement. The obligation to full the main obligation secured by the
mortgage is also suspended, and foreclosure on the subject of the mortgage
is not allowed for the period of quarantine or restrictive measures. In
addition, many countries consider quarantine as a force majeure for the
fullment of obligations under the contracts.
As for the administrative-legal support, the introduced tax holidays,
exemption of natural persons entrepreneurs from paying a single social
contribution, as well as exempt from land tax, tax on non-residential real
estate, rent for land; it is forbidden to carry out inspections of economic
activity (except for the group with a high degree of risk); nes for violations
of tax legislation were abolished and the deadline for ling an annual
declaration of property and income was extended. Besides, the state
ensured the rights of natural persons-entrepreneurs and members of the
farm who did not pay insurance premiums during the quarantine period
and included these periods in the insurance period.
Nevertheless, the analysis of administrative-legal support of business
entities under Covid-19 showed that, to avoid the spread of coronavirus, the
state took decisive measures, but they signicantly reected on guarantees
for entrepreneurs and in general, in particular, their ability to operate,
which signicantly affects the economies of countries.
Additionally, it should be noted that the topic analyzed in the article
requires further research. Thus, it is necessary to analyze the peculiarities
of the quarantine regime and further weaken measures for entrepreneurs
through the prism of ensuring their rights, as well as the legality of such
a regime, to analyze the possibility of minimizing business losses during
quarantine and their administrative-legal support by state and local bodies,
taking into account foreign experience, in order to make appropriate
positive changes in the legislation of Ukraine and ensure the rights of
economic entities at the appropriate level.
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Maryna Slobodianiuk, Inna Zhdanova y Alina Matviichuk
Administrative-Legal Support of Business Entities: New Quarantine Realities
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