Lawyer analyzes Russian decrees and pandemic response measures

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Russia is actively discussing measures that are being taken by the federal center and on the ground in connection with the outbreak of a viral disease. First of all, the discussion concerns the measures taken for the so-called self-isolation of citizens, which looks like forced isolation. If self-isolation should (based on the essence of the term) invoke the personal responsibility of citizens, then it is not entirely clear the introduction of measures against those who violate such a regime.

The lawyer Anton Sorvachev is trying to figure out the issue, who analyzes the documents related to the introduction of penalties point by point.



Sorvachev notes that the documents submitted by local authorities prescribe a fine in the form of a fine for people who "do not fulfill the requirements of regulatory legal acts." It's about the city of Moscow. How consistent is this with current legislation?



The lawyer also reads the decrees of President Vladimir Putin and the orders of Moscow Mayor Sergei Sobyanin. Anton Sorvachev considers what specific points are prescribed to be fulfilled by all Russians without exception. Such a review of regulatory acts from a lawyer allows citizens to know their rights in relation to the current situation, so as not to become victims of abuse by certain structures, including structures expressing local policies.

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    85 comments
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    1. +4
      April 9 2020 05: 33
      And the meaning? Even if illegal is the point?
      Putin has completely unconstitutionally terminated his terms (a constitutional amendment should be introduced by no less than 90 duputates, and one petiole made, moreover, you can find a lot from the voice and other jambs - when amending [b] the Constitution, the basic law! [/ b)] Ffso, you can forget about the law. The authorities, for example, have already forgotten.
      1. +3
        April 9 2020 05: 48
        What are these 90 Duputates?
        1. +1
          April 9 2020 08: 27
          The number is not important, but if you change "u" to "y", the filter will not pass smile
          1. 0
            April 9 2020 08: 35
            If the number is not important, then the proposal of one deputy is legal and the comments of that comrade lie !?
            1. +2
              April 10 2020 00: 53
              Article 134 of the Constitution of the Russian Federation:
              Proposals for amendments and revision of the provisions of the Constitution of the Russian Federation may be made by the President of the Russian Federation, the Council of the Federation, the State Duma, the Government of the Russian Federation, legislative (representative) bodies of the subjects of the Russian Federation, and a group of at least one-fifth of the members of the Council of the Federation or deputies of the State Duma.
              In Google banned?
      2. +5
        April 9 2020 07: 00
        Putin completely unconstitutionally terminated his terms (a constitutional amendment should be introduced by no less than 90 duputates, and one petiole made, moreover, from a voice

        How dare you! This is unpatriotic!

        wink
        1. +18
          April 9 2020 16: 02
          Quote: Snail N9
          This is unpatriotic!

          Patriotism is a moral and political principle, a social feeling, the content of which is love, attachment to the homeland and a willingness to sacrifice their interests for it.
          not deputies and officials to teach us patriotism.
      3. -3
        April 9 2020 07: 40
        Quote: Dalny V
        Ffso, you can forget about the law. The authorities, for example, have already forgotten.

        The law is for the people, and power is the law. Law is law. And in a coca country this is not so.
      4. +5
        April 9 2020 08: 52
        Quote: Dalny V
        (Amendment to the Constitution shall be introduced by not less than 90 Duputates,

        Read the Constitution of another year
        Article 135

        1. The provisions of the chapters 1, 2 and 9 of the Constitution of the Russian Federation cannot be revised by the Federal Assembly.

        2. If the proposal to revise the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation will be supported by three-fifths of the total number of members of the Federation Council and State Duma deputies, the Constitutional Assembly is convened in accordance with federal constitutional law.

        3. The Constitutional Assembly either confirms the immutability of the Constitution of the Russian Federation, or develops a draft new Constitution of the Russian Federation, which is adopted by the Constitutional Assembly by two-thirds of the votes of the total number of its members or put to the popular vote. When conducting a popular vote, the Constitution of the Russian Federation is considered adopted if more than half of the voters who participated in the vote voted for it, provided that more than half of the voters participated in it.
      5. +14
        April 9 2020 16: 02
        Quote: Dalny V
        absolutely unconstitutional terms set to zero

        legal or not legal, not so important anymore. It is important that the amendments by the deputies are adopted. not for those deputies voted.
      6. 0
        April 10 2020 12: 29
        "The Constitutional Assembly either confirms the invariability of the Constitution of the Russian Federation, or develops a draft of the new Constitution of the Russian Federation, which is adopted by the Constitutional Assembly by two-thirds of the votes of the total number of its members, or is put to a popular vote" - learn to read
    2. -4
      April 9 2020 05: 36
      You can talk a lot about the virus, about the measure taken to avoid mass infection, about the violation of the constitution, etc. But citizens need to learn for themselves to recognize this problem and take measures to self-preserve themselves and their loved ones. In this case, the presumption of guilt is at work and the citizen must prove that he is not sick and that quarantine measures do not apply to him. Do not confuse the presumption of innocence, this only works in criminal law.
      1. +6
        April 9 2020 05: 45
        And don't give up!
        1. -9
          April 9 2020 05: 46
          What does this have to do with it?
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          2. 0
            April 9 2020 07: 03
            I wrote clearly: Do not give up!
            You listened poorly to V.V. Putin, he clearly said, we will not give up! They fought off from the Polovtsians, and only from the coronovirus we repelled ourselves, with God's help!
            And try to object to us!
            1. +1
              April 9 2020 08: 36
              I don’t listen to him at all
              1. -1
                April 9 2020 09: 49
                Quote: Stalllker
                I'm not listening

                It does not do you honor! Then you have nothing to say .....
              2. +15
                April 9 2020 16: 03
                Quote: Stalllker
                I don’t listen to him at all

                in vain. need to listen.
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        1. -5
          April 9 2020 05: 51
          This is "Right", ask a lawyer, he will explain to you
          1. +1
            April 9 2020 06: 06
            Remind me, on which field we shit together and I allowed you to call me "you"?
            1. -3
              April 9 2020 06: 09
              Do not call, but handle, ignorant
      3. +1
        April 9 2020 08: 54
        Quote: Stalllker
        But citizens need to learn for themselves to recognize this problem and take measures to self-preserve themselves and their loved ones.

      4. 0
        April 10 2020 04: 42
        Quote: Stalllker
        . But citizens need to learn for themselves to recognize this problem and take measures to self-preserve themselves and their loved ones.

        Yes, yes .. start with yourself, but do not forget to pay taxes and serve duties ... and yes fewer questions about where the money goes and who is responsible for everything ...
    3. -5
      April 9 2020 05: 47

      The threat is serious, hear the president.
      1. +14
        April 9 2020 05: 55
        The threat is more inflated by media around the world, listen to common sense ..
        1. +6
          April 9 2020 05: 59
          I recommend reading "Goose garbage", there is just about it)))
        2. -9
          April 9 2020 06: 02
          Ideal conditions have been created all over the world for the use of bacteriological weapons ... Some countries are in quarantine, some are on self-isolation. What will stop the Anglo-Saxons from using this weapon under the guise and / or overlap of a coronovirus? They already passed the smallpox blankets to the Indians.
          It is no coincidence that the president at the end reported about the Polovtsy and Pechenegs, he could say about the amount and cholera ... Learn to read between the lines ... That is. the president told us that someone specific for predatory purposes wants to strike a BO ...
          1. +2
            April 9 2020 06: 04
            And what prevents this from being done under ordinary conditions ??? What is the logic of your words ????
          2. -3
            April 9 2020 07: 34
            I wanted to write about the plague and cholera, but said about the Polovtsy and Pechenegs ...
        3. 0
          April 9 2020 06: 27
          2k deaths per day in the US is not enough? With the complete collapse of the healthcare system? Do you want our doctors to choose whom to install ventilation?
          1. +5
            April 9 2020 08: 09
            Easier. I would like the current situation to be at least called what it really is - compulsory quarantine. And they took responsibility for the decisions they made, and did not hide behind "self-isolation," which implies: "We have nothing to do with it, you yourself."
            Is this some kind of transcendental desire?
          2. +1
            April 9 2020 08: 26
            What you write most likely will be. But from our government I would like to get at least a deferment on loans and mortgages for this period and a reduction in utility bills. Since incomes actually fell, and fixed assets go to purchase food, since the actual duration of self-isolation can be significantly longer. We are at the very beginning of the peak of the epidemic. If we endure this period for everyone, then we must endure it for everyone. Especially for the state it’s not such a big loss
            1. +17
              April 9 2020 16: 03
              Quote: balunn
              But from our government I would like to get at least a deferment on loans and mortgages for this period

              laughing
              nobody will do that. Can any of the capitalists in a crisis make a decision restricting the ability of bankers to earn a margin?
          3. 0
            April 9 2020 08: 37
            Yes, nothing he doesn’t want, grinds whatever
        4. +8
          April 9 2020 07: 51
          Quote: DMB 75
          The threat is more inflated by media around the world, listen to common sense ..

          Before madness is inflated. In 1970, in August, I ended up in Astrakhan when El Tor began to rage there. Returning to St. Petersburg or Moscow was impossible, and I had to spend a month with friends in Astrakhan. There was no panic, there was no escalation of the situation, the information was dosed. The state knew how to deal with the epidemic, and the state knew what information to convey to the population. Everything worked, but watermelons rotted everything on the vine, you know, exporting from the region was fraught with consequences.
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    5. +13
      April 9 2020 06: 16
      Bad some lawyer. A lawyer operates with articles of laws, regulations, orders and court decisions, and then there is only emotional verbal diarrhea and no legal motivation or explanation, and I can read the decree or resolution myself if I wish, and not listen to someone reading 30 minutes.
      1. -3
        April 9 2020 06: 27
        He simply expressed his opinion and no more. Another will consider otherwise. It’s like we have here, some people think so, while others think differently, some rely on their conviction, others rely on facts and put cons to each other.
        1. +1
          April 10 2020 03: 20
          But then he should position himself not as a lawyer, but as just a person with his own opinion, and if he positions his speech as a legal interpretation of decrees (as mentioned in the article), then he must use the norms of laws.
          1. -2
            April 10 2020 04: 24
            A lawyer is not a man or something ?! I understood what you are talking about, therefore, I say that he has the sayings of a simple layman, not a specialist in his field, as I wrote in the title of the article.
      2. +1
        April 9 2020 07: 34
        Yes, the usual hysteria. But he will not name the brand, so that he would not be condemned by a lawyer :-D
    6. +7
      April 9 2020 06: 18
      Correctly said, although for me there is no "novelty" ... recently, in one of the comments I have already expressed that: 1. Most of the "decrees" of the current regime of power, its "representatives" are not legal without declaring an emergency regime ... 2 ... the ruling regime of power in the person of its "top" is afraid, does not want to take responsibility for the introduced "measures" ... The introduced "decrees, orders" in a significant number would be legal in the event of the introduction of an "emergency" (ES) or, even , "state of emergency" (state of emergency) ... but in this case, the ruling regime would have to take significant responsibility on itself, incl. and material ... (for example, compensation (full or partial ...) to small business entrepreneurs ...). Currently, the "demonstrated" measures fall under the "emergency forms" and, even, there is a noticeable movement towards an emergency ... but without declaring them!
      1. +4
        April 9 2020 06: 21
        In accordance with clause 10, article 4.1, FZ N 68-FZ "On the protection of the population and territories from natural and man-made emergencies", when the high alert regime is introduced, it is allowed:

        - Limit the access of people and vehicles to the territory in which there is a risk of emergence of an emergency, as well as to the emergency zone;

        - Suspend the activities of an organization that finds itself in an emergency zone if there is a threat to the life safety of the workers of this organization and other citizens located on its territory.
        1. -1
          April 9 2020 06: 44
          Quote: Stalllker
          "On protection of the population and territories from natural and man-made emergencies"

          And who defines and decides - is it a "natural and man-made emergency" or just a situation?
          1. -1
            April 9 2020 08: 42
            I specially highlighted "FROM" and "THERE IS A HAZARD OF OCCURRENCE" and this does not mean that an emergency and emergency has occurred
            1. 0
              April 9 2020 12: 15
              Quote: Stalllker
              I specially highlighted "FROM" and "THERE IS A HAZARD OF OCCURRENCE" and this does not mean that an emergency and emergency has occurred

              And who determines that “THERE IS A HAZARD OF OCCURRENCE” and on what basis?
              1. -3
                April 9 2020 13: 16
                In this case, the WHO announced a pandemic, the president signs the emergency, and all power remains with him and the commandants if a curfew is introduced. What are you asking stupid questions, google and read, in the internet there
                1. +2
                  April 10 2020 04: 36
                  Quote: Stalllker
                  What are you asking stupid questions, google and read, in the internet there

                  Well, since it went about stupid questions - And where is the decree?
        2. +6
          April 9 2020 07: 07
          It was the 9th month of "self-isolation", after the 20th "appeal to the people":
        3. +1
          April 9 2020 10: 32
          Exactly! ... In an emergency!
    7. +3
      April 9 2020 06: 39
      Family lawyer Anton Sorvachev, a fighter for the rights of men, as usual - in YouTube, twice divorced, instagram and so on and so forth.
      And, he - Anton, there, in the same company to the Echo of Moscow, ...... well, they find the guys.
    8. +10
      April 9 2020 07: 04
      Recently, my wife and I came to the social. worker. We answered "We are obedient people. We sit at home." I mean favorable outcomes. Our person feels through his skin where is the lie and where is the truth. When Malakhov and company say that the epidemic in our country began from lovers of barbecue, I have a question: since when did such gatherings become the criterion of truth. Of course, they did not always put themselves to the test. They were helped by award-winning officials.
      1. +5
        April 9 2020 07: 30
        Golden wedding !!!! Congratulations, Sincerely, hi
        1. 0
          April 9 2020 07: 59
          Igor. Thank you. I wish you the same.
          1. +1
            April 9 2020 08: 36
            Thank you, not sure, but I will try))))
    9. -3
      April 9 2020 07: 20
      And Putin is also a lawyer))) in any case, he studied
      1. -2
        April 9 2020 07: 44
        Minusator, Putin studied to be a lawyer, don’t you deny it?
    10. -4
      April 9 2020 07: 28
      Many people, especially liberals and various opposition leaders, want to introduce emergency situations and curfews around the country. Then this will not apparently infringe on the rights of freedom and movement. smile
      1. -3
        April 9 2020 07: 45
        Introduced self-isolation, there is no such term in the law))) Putin, leave, for good.
        1. -1
          April 9 2020 09: 53
          Self-isolation is an action, not a term. And the actions are this list of measures and they are spelled out in decrees!
      2. 0
        April 9 2020 08: 01
        He is afraid to introduce that thread, He is a traitor.
      3. +1
        April 9 2020 08: 46
        This will nullify all the rights of citizens, not just taxes and rents. None of the liberals is talking about this. Do you at least fully read what an emergency is, and not selectively. And pray to God that they would not enter
        1. +1
          April 9 2020 09: 57
          Quote: Stalllker
          This will nullify all the rights of citizens, not just taxes and rents. None of the liberals is talking about this. Do you at least fully read what an emergency is, and not selectively. And pray to God that they would not enter

          All the rights of SIMPLE citizens have been nullified long ago.
          1. -3
            April 9 2020 13: 17
            Well, do not go from extreme to extreme. In case of emergency, rights such as private property, etc.
        2. +1
          April 9 2020 11: 04
          I’m talking about this and say that some people just want to introduce an emergency and curfew, reading the comments on different resources, because right now, this is an infringement of freedom and rights for them, and there will be freedom in emergency situations and curfews.
          1. -1
            April 9 2020 13: 19
            With a curfew, you can safely open a hunt for unacceptable authorities and remove them and no one can object, because their rights will be zero
    11. -1
      April 9 2020 08: 05
      If you want a key to all roads, "I'm going (I'm going) to the pharmacy in the city center, masks are sold there (antiseptics)" that's all, there is no point in arguing.
      1. +3
        April 9 2020 08: 09
        If you want a key to all roads, "I'm going (I'm going) to the pharmacy in the city center, masks are sold there (antiseptics)" that's all, there is no point in arguing.

        No, it doesn’t work, you need a special pass, but the masks are already said to be sewn by yourself, the antiseptic soaps have said enough, or wipe your hands with hawthorn:
        Somewhere in the middle of "self-isolation":

        The hostess went out to buy products, buckwheat:
        1. 0
          April 9 2020 08: 22
          In my city, while he was riding, I walked on foot. smile smile smile
          1. 0
            April 9 2020 08: 55
            Is it really already that people are being hounded somewhere for violation of the "regime"? In St. Petersburg, it seems, they have hammered everything into "self-isolation": the crowd is everywhere, the buses are full, the metro is also not empty, the police are not visible. Wonders.
            1. 0
              April 9 2020 10: 00
              Quote: Snail N9
              Is it really already that people are being hounded somewhere for violation of the "regime"? In St. Petersburg, it seems, they have hammered everything into "self-isolation": the crowd is everywhere, the buses are full, the metro is also not empty, the police are not visible. Wonders.

              Krasnodar Territory, police and soldiers, apparently conscripts (2 + 2), in masks, but without gloves.
      2. 0
        April 9 2020 10: 03
        Yes, even for Chlorhexidine, also the necessary antiseptic and they buy it in boxes, you also need to look
    12. +2
      April 9 2020 08: 24
      I suffered from a raid by the Pechenegs and Polovtsians, what payments can I expect and where should I go?
      1. +4
        April 9 2020 08: 34
        Presidential Administration
      2. +1
        April 9 2020 08: 47
        Call 03 there they will answer and help)))
        1. +4
          April 9 2020 08: 58
          I called the presidential administration about working there
          They replied: "Are you crazy?"
          Me: "Is this a prerequisite?"

          Anecdote, like. wink
      3. 0
        April 9 2020 08: 50
        Do not forget to submit photo and video materials of the raid, your suffering, as well as passport data of the Pechenegs and Polovtsians, and witnesses.
    13. 0
      April 9 2020 09: 09
      No one was preparing for such a cataclysm !!! Now they quickly supplement the legal base, and this is always fraught with excesses, violations, in all countries!
      There will be violations, there will be a stupid rejection of the circumstances.
      We must calmly go through all this and draw the right conclusions.
      The crisis will end, and then there will be time for debriefing and making informed, balanced decisions.
      In the meantime, it is necessary to extinguish the fire, and not scold the firefighters, who have not been "fed" before!
      1. +3
        April 9 2020 10: 07
        Quote: rocket757
        No one was preparing for such a cataclysm !!!

        Nobody will prepare. For 30 years they only devoured the Soviet legacy and abused the USSR. Krylov's fable is "The Pig under the Oak", it is about them.
        1. 0
          April 9 2020 11: 07
          Only on THEM is it useless to blame everything. We are where ALL were, Ali did not see where everything was going!
          Themselves, they themselves chose this .... excuses that we could not influence anything, excuses are. We just do not want to admit that the guilt is common, even grunting from the fact that all the bumps are lying precisely on us.
          That is, in our "big top" there are many different miracles.
          1. 0
            April 9 2020 11: 51
            Quote: rocket757
            Only on THEM is it useless to blame everything. We are where ALL were, Ali did not see where everything was going!
            Themselves, they themselves chose this .... excuses that we could not influence anything, excuses are. We just do not want to admit that the guilt is common, even grunting from the fact that all the bumps are lying precisely on us.
            That is, in our "big top" there are many different miracles.

            I completely agree with you, it was necessary to think, and not to listen to fairy tales. However, I believe that in connection with recent events, many will drop pink glasses.
            1. 0
              April 9 2020 13: 47
              Oh, oh, oh, pink glasses it's so incomprehensible, but eternal like nothing else.
              Doubters, most likely, will be determined in understanding for whom and against whom it is already not a little!
              In general, we will see what events will take place with us. Everything can’t change right away!
    14. +4
      April 9 2020 09: 29
      Is a lawyer a specialist in epidemiology? Then what are his comments worth? Does society need to go (overcome the epidemic) or checkers (formal implementation of laws)?

      I simply remind all narrow specialists, those who despise broad knowledge, including history. The plague in Moscow in 1771 was defeated by 4 guards regiments under the leadership of G.G. Orlova did not give a damn about all sorts of laws, taking as a basis the recommendations of doctors, common sense and extraordinary powers.

      By the way, although I consider the actions of the authorities not always adequate, some are better than a rampant democracy in coronavirus New York.
    15. 0
      April 9 2020 10: 02
      Who is the lawyer? Whose pipe is dancing to? Somebody knows?
    16. 0
      April 9 2020 14: 38
      5 thousand fine for speeding - "No way! Our people do not have such high incomes!"
      And then: "4 thousand for violations of the regime of self-isolation" - no one remembers anything about income!
      Strange ... fool
    17. +1
      April 11 2020 06: 34
      What does "internal security" mean? This question is difficult to answer. In my simple thinking, if honey. there would be a quarter of the number of policemen, we would have solved this issue to a small extent. This applies not only to doctors associated with the epidemic. These are, first of all, free narcologists. After all, drunkenness is the lot of all segments of the population. "Maybe you forgot? just? On the steps of this crooked bridge .. "

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    “Non-profit organizations, unregistered public associations or individuals performing the functions of a foreign agent,” as well as media outlets performing the functions of a foreign agent: “Medusa”; "Voice of America"; "Realities"; "Present time"; "Radio Freedom"; Ponomarev; Savitskaya; Markelov; Kamalyagin; Apakhonchich; Makarevich; Dud; Gordon; Zhdanov; Medvedev; Fedorov; "Owl"; "Alliance of Doctors"; "RKK" "Levada Center"; "Memorial"; "Voice"; "Person and law"; "Rain"; "Mediazone"; "Deutsche Welle"; QMS "Caucasian Knot"; "Insider"; "New Newspaper"