"The law by which you cannot leave home is not"

All Russians who have returned from abroad must go to quarantine. The lawyer "Agora" explains who and how will demand him to observe

On March 19, Rospotrebnadzor issued new recommendations on quarantine at home, based on the decree of the chief sanitary doctor of the Russian Federation “On ensuring the insulation regime”. This document prescribes the governors to ensure the regime of isolation of all those arriving in Russia (regardless of the country), daily monitor its compliance and the medical condition of isolated. On the 10th day, doctors should take a smear from the COVID-19 smear from the arrived, and if a person’s quarantine is violated, they will be placed in an infectious hospital. His action also spreads to the quarantine person in quarantine. On the same day, the international human rights group "Agora" opened the headquarters of legal assistance in connection with Pandemia. "Medusa" asked the lawyer "Agora" by Leonid Solovyov to answer questions about quarantine mode: what laws he is regulated and what does the one who ended up in it.

- The list of countries, returning from which you need to self -amplify, increased gradually - Rospotrebnadzor issued more and more recommendations. Do they have retroactive force?

- If there is no indication of retroactive force, then no. If at the time of the person returned from the trip any of the recommendations has not yet acted, then he is not obliged to follow her.

- From what moment the recommendations of Rospotrebnadzor begin to apply to me: immediately after arrival, after I received a memo at the airport or SMS, or when did I report myself, calling the hotline?

- In order to place a person on compulsory quarantine, there must be either a court decision or a separate decision of the sanitary doctor, to which the procedure for passing hospitalization and a treatment plan should be attached. If this is not, then there is no order in his regard. All these notifications that are distributed at the airport, SMS, which come, are not a binding factor to fit and undergo treatment.

The law gives such powers of sanitary doctors to prevent epidemics, while nothing prevents them from challenging their decisions in court.

- What legal force did these messages of Rospotrebnadzor have?

- These are recommendations. Rospotrebnadzor, with their help, orientes local sanitary doctors to make decisions more actively in relation to each returning citizen. But this is their inner history, it does not oblige citizens to anything.

When people arrive, they are given these notifications so that they inform about themselves, and ask them to stay at home in order to form a separate resolution in relation to each. You should come to your home and give you a document on the spot in which they will determine the procedure for your treatment or staying at home.

It is impossible to oblige all citizens of the Russian Federation to sit at home, otherwise this is an emergency, and there are completely different rules and orders.

- And if I did not inform about myself and they didn’t give me any decisions?

- To report yourself is to voluntarily show consciousness. Although we are scared by criminal liability, in this case it is not applicable. Article 236 of the Criminal Code of the Russian Federation (“violation of sanitary and epidemiological rules”) applies only to those who received a resolution from a sanitary doctor and pledged to comply with certain sanitary rules. Without these documents, criminal liability does not apply to a person.

By the way, I fully admit the situation that these decisions of a sanitary doctor with typical treatment plans will be given to all arrived passengers directly at the exit from the aircraft, for this all you need to allocate the deputy of the sanitary doctor, which will do their stamp. But so far I have not encountered such a situation.

-How does article 236 work on “violation of sanitary and epidemiological rules”?

- She has never been used, according to my information. But I think that criminal liability will occur when it is proved that the accused, who violated the quarantine, crossed a person who died from coronavirus somewhere.

- If I was given a resolution from a sanitary doctor, but I decided to leave the house to throw out the garbage, how can they punish me for this?

- Formally, they are now punished only under article 19.4 of the Code of Administrative Offenses - “Failure to fulfill the requirements of the official” - and they write out a fine of 500 rubles. But I have never met that the order of hospitalization was attached to the fine, it should be indicated there what to do to a person with his domestic needs. There is no order, so I cannot say how to act here by law.

- Can these fines be paid infinity? At least every day?

- In fact, yes. But, as far as I know, United Russia has already made a proposal to introduce criminal liability for violation of quarantine.

- As a policeman who writes out a fine, recognizes in me a person who should sit on quarantine?

- Rospotrebnadzor transmits the data of those who should sit at home, and they track them thanks to the technology of person recognition.

- The use of this technology is legal?

- So far, claims have not been considered about the inadmissibility of its use, yes. And this can be used as evidence in court.

- The website of Rospotrebnadzor says that in case of violation of the quarantine regime, a person is placed in an infectious hospital. Is it legal?

- This is legal if a certain order was explained to a person in advance, this should be indicated either in the decree of the sanitary doctor, or in the attached manner. I have not met this for our clients yet. But if such an order is approved, then it will be legal, because it is doctors who determine the procedure and form of treatment - at home or in the hospital.

- If I returned from Europe a week ago, but I feel good, can I go to a pharmacy or a store?

- There is no law by which you cannot leave home. The state has not yet come up with such an obligation for a particular person. I repeat once again: while there is no reason in the form of a court decision or a resolution of a sanitary doctor, there is no obligation to observe quarantine.

-If the decision was written out against me, but I have no opportunity to order products online or contact someone for help, what to do?

- Once again: how to be a person with his domestic needs, should be approved in a certain order of quarantine at home. Now we are faced with a situation when a person who is on quarantine and has left his apartment catches the police and writes out to him. There is no law that would somehow regulate this situation, but this can do a sanitary doctor in his order individually.

You can also write a statement to Rospotrebnadzor that you do not have the opportunity to fully self-amplify, and Rospotrebnadzor is obliged to somehow respond to it: for example, try to coordinate with local social services or clinic. All this practice is absolutely raw, there have never been such cases.

- How have the conditions of the stay of foreigners in Russia changed?

- So far, I know that only some students of some universities arise with staying problems who allegedly cannot provide distance learning, and therefore force them to sign a statement about the voluntary refusal of further training, which leads to the cancellation of a student visa.

Foreigners who are legally located in Russia, according to my information, should not arise - if they have a residence permit or temporary residence permit.

In addition to citizens of the Russian Federation, only those who constantly live in Russia can enter the country, that is, those who have a residence permit, temporary residence here will no longer be saved here.

- What to do family members who did not return from, but are in contact with the person on quarantine?

- These standards should be developed by the Ministry of Health, which Rospotrebnadzor should adhere to when it writes out a decree on citizens. So far, I have not seen such standards and order either (in the recommendation of Rospotrebnadzor it is stated that all contacters are also quarantined - approx. Medusa) .

- What questions are most often addressed to Agora?

- We are addressed by foreign students who have problems with studying. Some of them can not even leave, as their countries closed borders for their citizens. So far, everything is in a limited state, and we are limited to appeals to the higher authority, that is, to the Ministry of Education.

People who are on quarantine are addressing - for advice. As well as those who need help to return to Russia, and in business questions: the contracts often indicate that force majeure circumstances are grounds for not fulfilling obligations for a while, we advise entrepreneurs, including on agreements with the lessor for the provision of rental holidays.

Sasha Sulim