Recall that this project was submitted to the Duma by the legislative Assembly of Nizhny Novgorod region just in the midst of a pandemic. It is proposed to add the 12 “automotive” Chapter of the Code of administrative offences with a new article 12.38.
it spelled out the penalty for driving a vehicle without permission, other document established with the introduction of high alert in areas where there is a threat of emergency or in the emergency zone in the amount of from 1 to 5 thousand rubles. For repeated violation proposed to punish by 5 thousand rubles.
the Initiative has arisen not simply so. The Supreme court just gave the explanation as to prosecute violators of the regime. Based on this clarification it turned out that automatically issue fines for such violators impossible. Because automatically can be fined only for violation of traffic rules or landscaping. That came up with a cunning deputies to include the responsibility for the violation of “road” Chapter of the administrative code. This would allow them to prosecute violators with complexes of fotovideofiksatsiey.
But a government Commission has indicated that the corpus delicti has nothing to do with security of traffic. And so it may not be related to the subject of legal regulation of Chapter 12 of the administrative code.
in addition, for failure to comply with rules of conduct in emergency situations or the threat of its occurrence to the administrative offences code stipulates liability article 20.6.1. She was introduced by Federal law dated April 1, 2020 “On amendments to the Code of administrative offences”.
“in the explanatory note to the draft law lacks any analytical and statistical evidence of the ineffectiveness of the existing legal regulation. The government of the Russian Federation does not support the bill”, – stated in the opinion of the Commission.
I Must say that the local authorities actively used the photo, video violators of the regime of self-isolation. Now in the courts considered the weight of such cases. But, apparently, about the legality or illegality of its use will have to speak again of the Supreme court when somebody fined it will reach.
