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Actions of sellers during attacks by kamikaze drones

19.10.2022 15:35
Natalia Mitroshina
Natalia Mitroshina

Author and content analyst on trade automation

Дії підприємців у разі повітряної тривоги
For the second week in a row, the Russian army has been terrorizing Ukraine with kamikaze drone attacks of Iranian origin. The targets of the occupiers' attacks are infrastructure and civilian objects of Ukrainian cities. Therefore, it is now more important than ever to comply with safety rules during the announcement of air alert. 
An equally important question is what should entrepreneurs do when there is danger in the sky? Do you need to close your stores during an air raid, or continue to operate? 
Torgsoft found out what should be the algorithm of actions for business owners and sellers in case of a threat of a UAV strike on the city's infrastructure.

How to act during a Shahed-136 attack?

It is easy to recognize a kamikaze drone - its engine resembles the sound of a moped or chainsaw. Mostly, the drone flies at low altitude in the area of critical or military facilities. However, given the recent attacks, the drone can behave unpredictably, so you should be prepared for any scenario. 
It is especially dangerous if the store is located near administrative buildings, strategic and military facilities. Most often they become the targets of the enemy. 
Entrepreneurs should follow the general recommendations of district or military administrations on the rules of conduct for staff and visitors during an air attack:
  1. In the event of an air raid, immediately close the store and inform visitors about the danger through the public address system.
  2. Inform visitors about the nearest shelter on the territory of the store (basements, warehouses, underground parking lots), where they can wait out the attack. If there is no such shelter, the administration should determine the safest place in the store.
  3. Mark evacuation routes in advance with appropriate marks on the floor and walls.
  4. If the shelling occurs on the street near a store or shopping mall, find any ledge (sidewalk curb, for example), ditch or pit and quickly lie down, covering your head with your hands or a bag. At the same time, open your mouth, imitating a yawn.
  5. When indoors, follow the "two walls" rule. Choose a place in the corner, closer to the exit, so that you can instantly leave the area in case of a shell hit.
  6. Stay in the shelter for at least 10 minutes after the strikes.
  7. It is dangerous to be in transport, under the arches of buildings, in entrances, in the basements of panel houses, near cars, at gas stations during the shelling.
The legislation does not establish the norms of behavior of citizens on the street, in public institutions, cafes, shops, etc. in the event of an air raid. Therefore, given that there is no administrative responsibility for ignoring the air raid alarm, visitors to shops, malls, restaurants act at their own discretion. 

Legal support for business in case of air hazard

правові рекомендації для підприємців щодо повітряної тривоги

According to lawyer Olena Oksyuta, the mechanism of actions of entrepreneurs in case of air alert is not regulated at the legislative level. In particular, the legislation does not provide for the closure or suspension of shops and retail chains during the air alert.
At the same time, the management of public institutions, according to local regulations, is obliged to inform the staff and visitors about the air threat. And visitors themselves must leave the premises. At the same time, there is no requirement to drive customers out of the door during an alarm.
Currently, the actions of the administration and employees of catering establishments, shopping malls are regulated by the following documents: 
  • recommendations of district and regional military administrations;
  • recommendations of the State Emergency Service;
  • internal corporate rules of conduct during the announcement of the "Air Alert" signal;
  • Code of Civil Protection of Ukraine;
  • regulations on the organization of public notification of emergencies in the field of civil protection, which explains the procedure for activating the siren and informing people about the danger;
  • emergency response plan at the state level (instructions on how managers and officials should react in case of danger).

Is criminal punishment of entrepreneurs for ignoring safety rules possible?

After the tragedy in the Kremenchuk shopping center "Amstor", most establishments are closed during the announcement of air danger. In addition, the requirements for business have also increased.
To avoid the risk of criminal liability for the life and health of visitors and employees, during the air alert, establishments mostly stop working and offer visitors to go to the nearest shelter. However, often there are no such shelters, and people are forced to go to an underground passage or the subway, which may not be close at all. It turns out that there are often crowds of people near cafés, cinemas or beauty salons.
According to lawyer Rostyslav Kravets, entrepreneurs can be held criminally liable in case of death or injury of people. The Criminal Code of Ukraine provides for the following articles in this regard:
  • Article 367. Official negligence.
  • Article 270. Violation of fire or technogenic safety requirements established by law.
  • Article 271. Violation of legislative requirements.
Currently, the responsibility of business for ignoring the norms of civil protection, in particular the air alarm, is regulated by the draft law No. 7546 registered in the Verkhovna Rada of Ukraine, which proposes to introduce criminal punishment for the administrations of institutions, shops and shopping malls. However, it is still under consideration in the authorized committees of the Verkhovna Rada.

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