“the regional Application of fines is consistent with the powers granted to the constituent entities of the Russian Federation. For example, in Cao of Moscow provided the responsibility of citizens for violation of requirements of normative legal acts aimed at introducing and ensuring high alert in Moscow,” says Mikhail Barshchevsky.
the Plenipotentiary representative explains that the rules for violation of which provides for liability in accordance with, for example, of the administrative code of Moscow, is also installed in the authority granted by the law on protection of population and territories from emergency situations of natural and technogenic character.
“it would seem to Me useful to colleagues from the Supreme Court gave the clarification in this part. I am sure that such a situation is typical not only for Moscow but also for other subjects of the Russian Federation”, – said Plenipotentiary representative.
overall, it felt vague guidance on the application of regional legislation on administrative offenses. “In my opinion, some of his language left some ambiguity and innuendo,” said he.
about the review of the Presidium of the Supreme court, which on April 21 published the answers to the questions of the courts on the application of administrative, civil and criminal law in the fight against coronavirus infection, Barshchevsky said that such documents do not have the force of mandatory instructions for the courts and are Advisory in nature.
the Envoy commented on the recognition of limitations in the period of high alert as force majeure. According to the position of the Presidium of the Supreme Court, the possibility of exemption from liability for breach of obligations in connection with the pandemic is to be determined in each individual dispute.
“This position legally of course extremely reliable and safe, but I think not too easy life neither the citizens nor judges. It would seem to me more useful to create a separate list of circumstances which clearly recognized force majeure, the individual, those such is certainly not recognized, and that all other cases be left to the discretion of the court”, – said Mikhail Barshchevsky.
