How to easily distinguish emergencies, emergencies, self-isolation and quarantine?

2024 Author: Seth Attwood | [email protected]. Last modified: 2023-12-16 15:55

In Russia, against the backdrop of the COVID-19 coronavirus pandemic, high alert and emergency (ES) regimes were introduced in some regions of the Federation. On the entire territory of Russia, the emergency regime was not introduced, and the state of emergency (state of emergency) was not declared. We explain what is the difference between these regimes and what their introduction means for citizens.

High alert and emergency mode

High alert and emergency mode governed by federal law1994-21-12 No. 68-FZ "On the protection of the population and territories from natural and man-made emergencies."

These modes are introduced by the state authorities of the constituent entities of the Russian Federation(Clause "m" of Article 11 of the Federal Law-68).

On March 31, the State Duma adopted a law that gives the Cabinet of Ministers the right to introduce high alert or emergency regimes throughout the Russian Federation. On April 3, Russian Prime Minister Mikhail Mishustin approved the rules of conduct for citizens and organizations, which are binding upon the introduction of a high alert or emergency situation.

According to the law, the population has the rightincluding protection of life, health and personal property in case of emergencies, the right to be informed about risks and security measures, the right to compensation and social guarantees due to damage from emergencies.

In turn citizens are obligedcomply with the laws and other regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation in the field of protecting the population and territories from emergencies, observe safety measures at home and at work, comply with the rules of conduct established in accordance with the Federal Law when the regime of high alert or emergencies is introduced.

Behavior rules, mandatory for citizens and organizations are established by the state authorities of the constituent entities of the Russian Federation and local authorities.

On the example of Moscow

So, in Moscow, by the decree of the mayor of March 5, high alertdue to the threat of the spread of the coronavirus. In accordance with it, rules of conduct were introduced for the population and organizations, including the obligation for those who arrived from countries with an unfavorable situation for COVID-19 to self-isolate at home for two weeks. Later, this decree was supplemented: on March 14, free attendance of schools was introduced, it was necessary to isolate not only those who came from countries where COVID-19 was detected, but also those who live with them. On March 16, events in premises with more than 50 participants and events on the streets were banned, after which theaters and museums in the capital switched to online mode. On March 23, the decree was again supplemented, which obliged elderly Muscovites over 65 and those who suffer from chronic diseases or who have weakened immunity to self-isolate at home. Later, the work of shops, except for grocery ones, with essential goods and pharmacies was limited, as well as halls in cafes, restaurants, large parks, hairdressers, etc. were closed.

Since March 30, a home self-isolation regime has been introduced in the capital for all residents of Moscow, regardless of age. You can only leave the house for emergency medical assistance, for the obligatory commuting to work, going to the nearest store or pharmacy, walking animals and taking out the trash. Similar measures were taken in the Moscow region.

In some regions of the Russian Federation, due to the risk of the spread of coronavirus, an emergency regime was introduced, for example, at the end of January - in the village of Zabaikalsk on the border with China.

The difference between quarantine and self-isolation

Quarantine is insulation on decision of the official (doctor) of a person who is infected or suspected of possible infection coronavirus. This measure is applied, when a person is already sick, but is on home treatment, has been in contact with sick people, or may be infected for some other reason. For the duration of his stay at home, he is issued a sick leave.

To those under quarantine you can't leave the houseand compliance with this rule is monitored. So, in Moscow, patients with coronavirus who stayed for treatment at home are monitored, including using the Social Monitoring mobile application and phone geolocation.

On March 19, the head of Rospotrebnadzor, Anna Popova, signed a decree on the mandatory two-week isolation of people who came from countries with an unfavorable situation with COVID-19.

Violation of quarantine is punished more severely than violation self-isolation regime, in which the maximum number of citizens are at home and do not contact each other. At the same time, people in self-isolation mode can leave their homes in some cases - to go to the nearest grocery store, to the pharmacy, take out the trash or walk the dog near the house, as well as to travel to work, etc.

Punishment for violation and monitoring of compliance

On March 31, the State Duma adopted in the third reading a bill on criminal punishment of quarantine violators or other sanitary and epidemiological rules. For a simple violation, the bill provides for a fine from 500 thousand to 700 thousand rubles or up to two years in prison. If two or more people die as a result of a violation, the law provides for this up to seven years in prison. If the violation leads, through negligence, to the death of a person or creates a threat of mass disease, a fine of 1 million to 2 million rubles is provided for this, or up to five years in prison.

On April 1, the President of Russia signed a law on criminal liability for spreading fakes about emergency situations … The Criminal Code of the Russian Federation was supplemented by a new article - 207.1, the punishment for which is a fine in the amount of 300 thousand to 700 thousand rubles or restriction of freedom for up to three years.

On March 31, the deputies also adopted in the third reading amendments to the Code of Administrative Offenses of the Russian Federationstrengthening responsibility for violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population. For such a violation, citizens are provided fines from 15 thousand to 40 thousand rubles, for officials - from 50 thousand to 150 thousand rubles, for legal entities - from 200 thousand to 500 thousand rubles or closing for up to a month.

If violations entail harm to human health or death, but do not contain a criminal offense, then the fine for citizens will rise to 150-300 thousand rubles, for officials - up to 300-500 thousand rubles, or they may be disqualified for up to three years. For individual entrepreneurs and legal entities for such violations, fines from 500 thousand to 1 million rubles or suspension of work for up to 90 days are provided.

The amendments also introduce an article on responsibility for disobeying the rules in case of emergency or the threat of its occurrence. If the violation did not entail serious consequences, the fines for citizens will be from 1 thousand to 3 thousand rubles, for officials - from 10 thousand to 30 thousand rubles, for individual entrepreneurs - from 30 thousand to 50 thousand rubles, for legal entities - from 100 thousand to 300 thousand rubles.

Fines for repeated violations or for violations that result in harm to human health or property will be higher. For citizens, they can reach 50 thousand rubles, for officials - 500 thousand rubles, for individual entrepreneurs and legal entities - up to 1 million rubles.

On April 2, Moscow Mayor Sergei Sobyanin signed a law on amendments to Administrative Code of Moscow, which introduce fines for violating the self-isolation regime: citizens for the first violation fined 4 thousand rubles, and for a repeated one or for something done with the use of a car - by 5 thousand rubles.

Now the self-isolation regime has been introduced in most subjects of the Russian Federation. In some regions, compliance with the self-isolation regime is monitored by issuing special passes to those who need to continue to travel to work, and in Tatarstan, a system for issuing SMS passes to leave the house has been launched. Residents of the republic can go out into the street no more than twice a day, and each time it is necessary to indicate the purpose - a trip to a dacha, to a court, a bank, a hospital, to a post office, or to bring medicines to sick relatives.

State of emergency

According to article 56 of the Constitution of the Russian Federation, a state of emergency throughout Russia and in its individual localities can be introduced in the presence of circumstances and in the manner established by the federal constitutional law on a state of emergency.

State of emergency throughout the territory of the Russian Federation or in its individual localities introduced by presidential decree, which must be immediately submitted to the Federation Council for approval. The period of validity of the state of emergency introduced throughout the territory of the Russian Federation cannot exceed 30 days, and introduced in its individual localities - 60 days, but then it can be extended.

When asked by journalists about why is not a state of emergency introduced in RussiaPresidential press secretary Dmitry Peskov replied that in the fight against the spread of coronavirus, the authorities are taking those measures that they consider to be the most effective and preferable.

The federal constitutional state of emergency law states that it allows temporary separate restrictions on rights and freedoms solely to ensure the safety of citizens and the protection of the constitutional order. At the same time, the rights and freedoms provided for in Articles 20 (the right to life), 21 (the right to personal dignity, the prohibition of cruel treatment and medical experiments without the consent of a person), part 1 of Article 23 (inviolability of private life and personal secrets) are not subject to restrictions, 24 (inadmissibility of collecting information about a person's private life without his consent), 28 (freedom of conscience and religion), part 1 of article 34 (the right to free use of his abilities and property), part 1 of article 40 (right to housing), 46-54 (judicial and legal aspects, the right not to incriminate oneself, the right to compensation by the state for harm caused by illegal actions of authorities or officials) of the Constitution of the Russian Federation.

Coronavirus and force majeure

In some regions of Russia, such as, for example, in Moscow, the spread of coronavirus, which led to the announcement of a high alert regime, was officially recognized force majeure … “If measures to prevent the spread of infection prevented citizens or businesses from fulfilling their obligations, this is considered a force majeure circumstance. Such measures reduce the formal legal pressure on business and citizens, and also make it possible to revise the conditions for the execution of existing contracts and agreements,”says the website of Moscow Mayor Sergei Sobyanin. At the same time, it does not specify exactly how the legal pressure will be reduced and the terms of the agreements will be revised.

Experts note that force majeure can be recognized only with a contract … The clause "on circumstances of force majeure" is present in almost every agreement, and it spelled out the procedure for actions in the event of force majeure. The wording of this clause may vary.

It follows from some contracts that if one of the parties cannot fulfill its obligations due to force majeure, the term for their performance is extended. In this case, the party facing force majeure must as soon as possible notify the second about it.

From the point of view of the law, the lack of funds to pay credit is not force majeure. However, it makes sense contact the bankto find out on an individual basis about the possibility of a "credit vacation".

Concerning mortgages, then in accordance with the law, citizens who find themselves in a difficult life situation have the opportunity to take a "mortgage vacation" by suspending mortgage payments or reducing the amount of payments for up to six months.

Concerning entrepreneurial activity, then, in accordance with clause 3 of Article 401 of the Civil Code of the Russian Federation, “unless otherwise provided by law or contract, a person who has not fulfilled or improperly fulfilled an obligation in the course of entrepreneurial activity is liable if he does not prove that proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. Such circumstances do not include, in particular, the violation of obligations by the debtor's counterparties, the lack of the necessary goods on the market, the absence of the necessary funds from the debtor."

At the end of March, parliament passed a law allowing the government to introduce bankruptcy moratorium "In exceptional cases, for example, in emergency situations of a natural and man-made character and a significant change in the ruble exchange rate."