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Self-insulation of citizens will strengthen the legislators and COAPs found each other Monday on the introduction of the regime of complete self-insulation of residents after Moscow and the Moscow region declared at the time of delivery of the material 23 of the region: St. Petersburg, Republic of Yakutia, Chechnya, Tatarstan, Chuvashia, Mari El, Komi and Adygea , as well as Arkhangelsk, Astrakhan, Vologda, Irkutsk, Kaliningrad, Murmansk, Nizhny Novgorod, Novgorod, Lipetsk, Ryazan, Sverdlovskaya, Kurskaya, Belgorod, and Ulyanovsk region, as well as YanaA. Volgograd region introduces similar mode from April 1, the list of regions is replenished.
What does self-insulation regime in Moscow
In the Moscow government published on Monday, the Moscow government clarified that the mayor’s office operates on the basis of the Decree of the mayor of March 5, which in Moscow was introduced by the regime of increased readiness, on the basis of the Federal Law “On the Protection of the Population and Territories from Emergencies of Natural and Technogenic Character”. In addition, the concept of “restrictive events” is in the law “On the Sanitary and Epidemiological Welfare of the Population”, they include administrative, health and other measures aimed at preventing the spread of infectious diseases. Quarantine can be entered both in a separate region and throughout the country, for introducing it in the region, it is necessary to prescribe or the proposal of the main state sanitary doctor of the subject of the Russian Federation. Press Secretary of the Mayor of Moscow Gulnara Penkov confirmed “alongthecoastcottage” the authenticity of the prescription of the chief state sanitary doctor Elena Andreva in one of the Telegram channels of the Regulations. The doctor prescribes to oblige Muscovites not to leave the place of residence. The document clarifies that more than 15% of all COVID-19 coronavirus in Moscow were infected in the capital.
A number of lawyers after signing the Decree of the City Hall of March 5, noted that the metropolitan authorities may arise in the performance of restrictive requirements.
Thus, the partner of the Legal Bureau “Zamoskvorechye” Dmitry Shevchenko notes that the violation of the insulation regime threatens to citizens with sanctions (fine from 500 rubles. up to 1 thousand. rub. or arrest for up to 30 days) only when the PE regime is introduced, and the mayor’s office cannot enter it. However, under the law “On the sanitary and epidemiological well-being of the population”, with an outbreak of particularly dangerous infections, citizens are prescribed isolation, and for its impairment is responsible for. 6.3 Administrative Code (violation of legislation in the field of providing sanitary and epidemiological well-being of the population, a fine – up to 500 rubles.) explains the head of the GR-Practice of the Law Company BMS Law Firm Dmitry Lesnak. Only President and Council of the Federation, the Deputy Chairman of the Board of Lawyers “De Yura”, objects to limit the constitutional freedom of movement: “The law on the sanitary and epidemiological well-being of such prohibitions does not imply, according to him, the heads of the regions are powers in part of the evacuation of citizens, their informs, rescue work, payment of compensation, but not to limit movement and self-insulation. Without emergency mode, such restrictions cannot be introduced at the level of the head of the region “.
Sergei Sobyanin restricted the movement of citizens in Moscow on the basis of a doctor’s claim
As reported “alongthecoastcottage”, the police in early March discharged fines for violation of the insulation regime in Moscow, in particular. 1 Art. nineteen.5 Administrative Code (non-fulfillment of the legal prescription of the official, penalty – from 300 to 500 rubles.), and at least in one of the cases, a citizen traveled with the help of the recognition system of persons and access camcorders. However, at that time, the restrictions were mainly to citizens who arrived from epidemic diligent countries. On Monday, it became known that police representatives received special recommendations, how to behave with citizens who violate the regime of universal self-insulation. In case of detection on the streets of Moscow, a group of two and more people should find out the reason for their actions, and in case of refusal to discharge a penalty for disobedience to the legal requirement of the police officer (st. nineteen.3 Administrative Code, provides for citizens fine from 500 rubles. up to 1 thousand. rub. or administrative arrest up to 15 days).
For violation of self-insulation regime, citizens will threate up to 300 thousand. rubles fine
“Decree of Sergey Sobyanin to equate to the federal law, it is impossible, so it must be understood as the necessary recommendation, no more – the partner of the Pen lawyers believes & Paper Alexey Dobrynin.- restrictions on freedom of movement can be administered only by federal law (h. 3 st. 55 Constitution of the Russian Federation). Really, they concern those who came from the zones of infection or contact with infected: they are subject to sanctions, right up to criminal responsibility “. According to Mr. Dobrynina, “Claims to other citizens who are not in quarantine, their detention by police officers and imposing sanctions for non-commissioning police orders before declaring the state of emergency, are illegal”.
The lawyer of the Memorial Human Rights Center Tatyana Glushkova believes that the metropolitan authorities “in essence, enter the state of emergency without a state of emergency”. “In fact, we came to the situation when the Constitution is no longer able to change, its action is canceled by decree of the mayor,” said Mrs. Glushkov.- erosion of the right as a system of communicative, formal-defined, adopted in the prescribed manner guaranteed by the state of the rules of conduct that regulates public relations – no better coronavirus “.
However, Alexey Dobrynin believes that in the near future all restrictions “will be formalized at the level of the law”.
The source of “alongthecoastcottage” in the city hall suggested that the regulatory decision of the Government of Moscow, which the city authorities refer to the “answers to the main questions about self-insulation” will be taken before the end of the week. State Duma deputies are preparing at the plenary session on Tuesday to take immediately in three readings the so-called anti-virus package, providing, in particular, tightening fines for non-compliance with the restrictions. Administrative Code of the Russian Federation. twenty.6.1 “Failure to fulfill the rules of conduct in an emergency or the threat of its occurrence”: For violation, citizens will threaten a fine of 1-3 thousand. rub. In Art. 6.3 Administrative Code of the Russian Federation on violations “In the field of ensuring the sanitary and epidemiological well-being of the population” is intended to tighten the sanction: if a citizen can now be fined in this normal amount of from 100 to 500 rubles., then after the amendment, the penalty for them will be from 15 thousand. up to 40 thousand. rub., And for Yurlitz – 250-500 thousand. rub. Criminal liability will be tightened for violation of sanitary and epidemiological norms, which caused the massive disease or death of people: For this, a citizen may be sentenced for a period of three to seven years of imprisonment.
On March 30, 1226 cases of COVID-19 infection were confirmed in Moscow, six fatal outcomes and 28 cases of recovery.