It will be worse. Why do not require the official introduction of the emergency mode

Recently, representatives of civil society, business and opposition began to raise the issue of the need for the official introduction of emergencies or emergency modes in Russia. In their opinion, the formal establishment of such a regime will limit the authorities in arbitrariness when taking quarantine measures and will give additional legal guarantees to citizens. Lawyer Natalia Trubacheva explains why, in reality, the introduction of emergencies will only lead to a legal disaster and in no way will provide any social guarantees.

Benefits and compensation for damage in emergency situations are possible without the introduction of emergency and emergency mode. And, on the contrary, the introduction of emergency modes or emergency will not allow the residents of the country not to pay for anything-for example, for housing and communal services. The state can even without announcing an emergency regime, simply on the fact of the emergency, to repay the housing and communal services of residents, if it is really necessary. And, on the contrary, you can introduce a hard -winged emergency mode (with censorship, military patrols and so on) - and still you will have to pay for all loans and services. Perhaps the state will provide a delay. Maybe penalties and fines will not be charged from residents. But the benefits themselves simply will not appear from the air.

The introduction of an emergency is not an automatic recognition of the situation by force majeure (irresistible circumstances). Fors-Major is currently setting the Chamber of Commerce and Industry (CCI). She issues the corresponding certificate, considering the necessary package of documents submitted by the applicant. But even in the conditions of Pandemia, CCI not in every case admits that force majeure has come. At the moment, she has made only about 5% of positive conclusions.

Now in court it is possible to refer to force majeure, but this does not mean that the court will agree with you. Moreover, even if the emergency mode is introduced.

The introduction of a state of emergency does not affect damages. It must be compensated if it is a result of illegal actions of the state or a consequence of sanitary and epidemiological measures. But direct damage is not equal to missed benefit. Nobody will compensate for the lost profits.

Maintaining an emergency regime involves a number of restrictions.

Firstly, these are general restrictions:

- suspension of powers of regional and local authorities and the actions of regional and local laws that contradict the decree on the emergency;

- restriction of freedom of movement, entry and departure, road traffic, inspection of vehicles;

- strengthening the protection of public order and critical infrastructure, stopping hazardous production;

- restriction of economic and financial activities, a special procedure for turning food and essential items;

- a ban on mass events and strikes;

- The evacuation of values, if there is a real threat of their abduction or damage.

Secondly, these are restrictions in the case of riots or attempts by a coup:

- commandant hour, expulsion of nonresident violators of the regime;

- censorship;

- verification of documents, personal items, vehicles and housing;

- restriction of the sale of weapons, hazardous substances, drugs, drugs and alcohol, their temporary removal from citizens;

- The extension of the arrest suspects in particularly serious crimes is for the entire period of the state of emergency.

Thirdly, these are restrictions in the case of spontaneous or technogenic disasters:

- temporary resettlement to safe areas;

- quarantine;

- mobilization of any organizations and their reorientation for a state of emergency;

- removal of heads of state organizations incapable of ensuring a state of emergency;

-mobilization of residents and their vehicles for emergency rescue operations. At the same time, the remuneration of mobilized residents, compensation for the property used is supposed.

However, during the emergency, it is prohibited to create emergency vessels or accelerated proceedings; The judicial system and the prosecutor's office act in their former form. It is forbidden to expand the use of physical strength, special tools and weapons.

Let me remind you that in modern Russia the emergency mode was introduced only once - during an attempt to coup in October 1993 in Moscow. It was introduced for two days during the battles between supporters of the Supreme Council and representatives of the army and police on the side of the president. However, even then there was no question of paying to Muscovites and compensation for losses to the business or undivided profit.