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07 December 2020, 14:43

One more vaccine may be added to the list of mandatory vaccination in Ukraine

We have a draft law No. 4142 on the public health system #AtTheCommitteeConsideration, which has already caused a lot of discussions in Ukraine. The draft law proposes to add one more vaccination to the list of mandatory vaccinations, obliges entrepreneurs to vaccinate their employees at their own expense, and gives local executive authorities the right to temporarily use the property of enterprises and organizations for preventive and anti-epidemic measures in case of quarantine.

What exactly does draft law No. 4142 offer?

Regarding vaccination of children:
Part 6 of Article 32 of the draft law stipulates that children who have not received preventive vaccinations, according to the calendar, are prohibited from attending educational institutions. Such rule has already been introduced in the current Law “On protection of the population from infectious diseases”. The difference is that draft law No. 4142 stipulates that children who have contraindications and who have been vaccinated not in line with the calendar will be enrolled in kindergartens and schools only if epidemic situation in Ukraine is ok and by the decision of the medical council.
Article 41 of the draft law adds a new item to the list of mandatory vaccinations. Vaccinations against diphtheria, pertussis, measles, polio, tetanus, tuberculosis, viral hepatitis B, mumps, rubella and hemophilic infection are supplemented by vaccination against pneumococcal infection. It is also included in the vaccination calendar.

Vaccination of employees at the expense of the employer
Draft law No. 4142 stipulates that employees of certain professions, industries and organizations, whose activities may lead to infection of these workers and (or) the spread of infectious diseases, are subject to mandatory preventive vaccinations at the expense of employers.

Evasion of vaccination
Article 13 of the draft law provides for the possibility of suspension from work, study, visits to educational institutions of persons who are the vehicles of infectious diseases, those who have been in contact with such patients, as well as persons who evade mandatory medical examination or vaccination against infectious diseases.

Mandatory medical examination at the expense of the employer
Article 44 of the draft law provides for a list of areas where the employees must undergo mandatory medical examination at the expense of the employer. These are employees of market operators, water supply facilities, treatment and prevention facilities, educational and children's health and recreation facilities, utilities and areas related to public services. These workers must undergo mandatory medical examination at the time of recruitment and periodically after that at the expense of employers. Business entities are administratively responsible for the organization and timeliness of such medical examinations. Employees who do not pass the medical examination on time without valid reason are suspended from work and may be subject to disciplinary action.

Epidemic investigation at the expense of the perpetrator
Article 19 of the draft law stipulates that all epidemics and outbreaks of infectious diseases are subject to epidemic investigation. If a person is found guilty of violating sanitary legislation, which led to the spread of an infectious disease, the costs associated with the investigation, including the cost of laboratory tests, examinations, tests, toxicological, epidemiological, hygienic and other assessments, as well as costs associated with the elimination of consequences, including the implementation of health measures, examination of persons in contact with infectious patients, preventive vaccinations, other work and expenses, as well as damage caused to life, health and property of victims, i.e. legal entities and individuals, are reimbursed by the guilty legal entity or individual voluntarily or in court.

Article 20 of the draft law No. 4142 stipulates that in the territories where quarantine is introduced, local executive bodies and local self-government authorities have the right: to mobilize for temporary use vehicles, buildings, structures, equipment, other property of enterprises, institutions, organizations, regardless of ownership, necessary for the implementation of preventive and anti-epidemic measures. The same article stipulates that the state is obliged to reimburse in full the value or costs associated with the use of this property.

Two petitions against the draft law No. 4142 were registered on the website of the President of Ukraine. One of them received more than 22 thousand signatures, the other was signed by more than 5 thousand people. In early November, a rally was held near the Verkhovna Rada against the adoption of the draft law No. 4142. Its participants claimed that the draft law violated human rights.

The Committee on Ukraine's Integration into the EU will announce its opinion on whether the document complies with the EU law and Ukraine's international legal obligations under the Association Agreement with the EU at its forthcoming meeting.