in short, under part 2 of article 6.3 of the administrative code need to attract only those who had to comply with the insulation, but didn’t. That is, those who are sick with coronavirus, or had contact with sick or came from disadvantaged countries. The responsibility for this article the most severe – from 15 to 40 thousand rubles. This Federal legislation allows for medical intervention and the isolation of such offenders.
as for those who did not obey the rules of conduct in connection with the mode of increased readiness, for example, came out of the house without the need or took the car without a permit, they face liability under part 1 of article 20.6.1 of the administrative code. It’s a warning or a fine of up to 30 thousand rubles. That is, the regional Cao is in these matters not applicable.
the Supreme court explained and other important issues related to the current situation. It is also important, as the estimated time of the appeal. Technically non-working days declared by the head of state does not suspend the running of procedural terms. As in the full sense of the output, they are not. But the epidemiological measures can be grounds for extension of these deadlines.
for example, the Statute of limitations in any case will expire on April 22, and people do not have time to file a claim, because he did not dare to violate the isolation. Yes and it’s pointless to get out of the house: the courts still suspended personal welcome. How to be?
Formally, the time for filing a lawsuit expire. However, immediately after it ends, the person will be entitled to apply for restoration of the missed deadline. Every time the courts must individually make the decision in the circumstances. But, as explained by the Supreme court of Russia, the inability for citizens to accept restrictive measures to address in court with the claim, for example, the mode of isolation, plus the impossibility of treatment due to age, health condition or other circumstances via the Internet reception of the court or through the organization of postal communication, can be considered as valid reasons for missing the Statute of limitations and the basis for its recovery.
the restrictive measures aimed at combating the spread of COVID-19 can be recognized as force majeure and become the basis for exemption from sanctions disrupted contracts.
“With the similar problems faced by many representatives of business, – said the lawyer Alexey Sikaylo. – So that in the future we will find many lawsuits where one of the parties to prove that are unable to comply with the terms of the contract due to force majeure. Therefore, clarification of the Supreme court is important for the legal community. As explained by the Supreme court, various restrictive measures, for example, priostanovleno�� activities of enterprises and institutions, the regime of self-isolation can be considered force majeure. But this is not a universal rule.”
Every time the courts must examine the circumstances of the particular case and decide whether force majeure.
