Some Aspects of the Administrative and Legal Consequences of the
Distribution of the COVID-19 Coronavirus
O. V. Ziborov
1a
, K. A. Sultanov
1b
and A. V. Tseluiko
2c
1
Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot, Moscow, Russian Federation
2
MT JSC, 10 Staropimenovskiy per., Moscow, Russian Federation
Keywords: Coronavirus, COVID 19, Legal Regulation, Offense, Administrative, Foreign Experience, Restriction, Free
Movement.
Abstract: In this article, the authors try to analyze the legal consequences of spread of a new coronavirus infection both
in the Russian Federation and abroad. 2019 became the starting point for development of antiviral activities,
including those of a regulatory nature. The problems of checking QR codes among foreign citizens who were
vaccinated in other countries were especially acute. Adoption of new restrictive measures, including those of
a regulatory nature, helped stabilize the epidemiological situation in the country. Topical problematic issues
of implementation of the legislation of the constituent entities of the Russian Federation on administrative
offenses in the field of countering the spread of COVID-19 are also considered. The main conclusion of the
study is that there is currently no clear mechanism and criteria for assessing the verification of QR codes
among the population, including foreign citizens, in the legislation of the Russian Federation, when traveling
within the country. The issue under consideration is essentially of high relevance and legal significance. The
relevance of this topic is beyond doubt. The authors put forward the original conclusions of the offer aimed
at regulating the legal status of foreign citizens during the period of restrictive measures in Russia, as well as
improving legislation aimed at stabilizing the epidemiological situation and preventing the commission of
new offenses.
1 INTRODUCTION
The legislation on administrative offenses has
undergone significant changes over the past two
years. In 2019, the first case of infection with the new
coronavirus infection COVID-19 was detected, after
which the authorities of many countries began to
adopt regulations aimed at tightening existing and
introducing new sanctions for violating self-isolation
regimes and other high-risk rules. Since the
beginning of introduction of new restrictive
measures, responsibility for their failure to comply
was accepted both in the Code of Administrative
Offenses of the Russian Federation and in the
Criminal Code of the Russian Federation. However,
it is administrative and legal legislation that has
become the main way to suppress the spread of a new
a
https://orcid.org/0000-0003-3889-8218
b
https://orcid.org/0000-0002-8011-7190
c
https://orcid.org/0000-0002-7597-8084
coronavirus infection, because it is obvious that
offenses are committed several times less than crimes
(Kurakin and Karpukhin, 2020).
Especially during adoption of measures of new
regulations, the status of foreign citizens located in
the territory of the Russian Federation was taken into
account. In 2021, the President of the Russian
Federation signed a Decree on temporary measures to
settle the legal status of foreign citizens and stateless
persons in the Russian Federation due to the threat of
the further spread of the new coronavirus infection. In
accordance with it, foreign citizens also have the right
to leave Russia to go to the states of their citizenship
(without transit through the territories of other foreign
states) on documents that prove their identity and are
recognized in the Russian Federation in this capacity
and which expired after March 14, 2020 (Savinov,
Kirillov and Taranovskaya, 2020).
416
Ziborov, O., Sultanov, K. and Tseluiko, A.
Some Aspects of the Administrative and Legal Consequences of the Distribution of the COVID-19 Coronavirus.
DOI: 10.5220/0011121600003439
In Proceedings of the 2nd International Scientific and Practical Conference "COVID-19: Implementation of the Sustainable Development Goals" (RTCOV 2021), pages 416-421
ISBN: 978-989-758-617-0
Copyright
c
2023 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
The President of the Russian Federation also
signed a decree on temporary measures to regulate the
legal status of foreigners and stateless persons in the
Russian Federation during the period of overcoming
the consequences of the spread of COVID-19. This
document establishes that from June 16, 2021 until
the expiration of 90 days from the date of removal of
the temporary restrictions imposed by the Russian
Federation on transport links with a foreign state (the
list of states in respect of which they have been
removed, is approved by the Government of the
Russian Federation), the following deadlines have
been suspended (Pankova, 2020):
temporary stay in the Russian Federation of
foreigners and stateless persons who are in it
and have citizenship of such a state or a
residence permit or other document confirming
the right to permanent residence in it, the
periods for which such persons are registered at
the place of stay, and the validity periods of the
visa and migration card with the stamps affixed
in it, issued to these foreigners and stateless
persons;
validity of certificates of a participant in the
state program for the resettlement of
compatriots living abroad, valid as of March
15, 2020;
validity of permits for temporary residence in
the Russian Federation and residence permits,
valid as of March 15, 2020, if foreigners and
stateless persons with such documents are
outside the Russian Federation;
stay outside the Russian Federation of the
participants of the said state program and
members of their families, as well as foreigners
and stateless persons who have received a
temporary residence permit in the Russian
Federation or a residence permit or are VKS, if
such persons have not entered the Russian
Federation before the expiration of 6 months
the period of stay outside, after which the
certificate of a participant in the state program,
a temporary residence permit in the Russian
Federation, a residence permit, a work permit
issued by the VKS are canceled.
From June 16 to December 31, 2021 inclusively,
the following deadlines have been suspended:
temporary or permanent residence in the
Russian Federation of foreigners and stateless
persons who are in the Russian Federation;
the terms for which foreigners and stateless
persons are registered at the place of residence;
the validity period of refugee certificates and
certificates of temporary asylum in the territory
of the Russian Federation.
From June 16 to December 31, 2021 inclusive:
citizens of the EAEU member states can
conclude labor contracts (civil law contracts for
performance of work, provision of services)
with employers (customers of work, services)
without considering the requirements for the
stated purpose of the visit to the Russian
Federation;
foreigners and stateless persons who arrived in
the Russian Federation on a visa-free basis
have the right to apply for the issuance
(renewal) of a patent without taking into
account the requirements for the deadline for
submitting documents for its registration and
for the stated purpose of the visit to the Russian
Federation;
employers (customers of work, services) who
have received permission to attract and use
foreign workers can apply for issuance
(extension) of foreigners and stateless persons
who arrived in the Russian Federation on a visa
basis, work permits without taking into account
the requirements for the stated purpose of the
visit in the RF. They can do this only subject to
implementation of the established restrictions
and other measures aimed at ensuring the
sanitary and epidemiological well-being of the
population.
These foreigners and stateless persons who have
entered into such employment contracts (civil law
contracts for performance of work (provision of
services)), or have received such patents and work
permits, have the right to carry out labor activities in
the Russian Federation until the expiration of these
contracts and documents (Voronin, 2020;
Bonaccorsi, 2016).
Subsequently, the Ministry of Internal Affairs of
Russia issued clarifications to the provisions of
Decree of the President of the Russian Federation of
June 15, 2021 No. 364 (on temporary measures to
regulate the legal status of foreigners and stateless
persons in the Russian Federation during the period
of overcoming the consequences of the spread of
COVID-19). Namely, it is specified that foreigners
and stateless persons who have regulated their legal
status, in accordance with the law provided by the
said Decree, can, within the permitted period of stay
in the Russian Federation, apply to the territorial
bodies of the Ministry of Internal Affairs of Russia
for execution of permits for implementation of labor
Some Aspects of the Administrative and Legal Consequences of the Distribution of the COVID-19 Coronavirus
417
activities, or temporary or permanent residence in
Russia (Lendel, 2010).
2 STUDY METHODS
The method basis of this study was formed by general
scientific methods of cognition, including the
principles of objectivity, consistency, induction,
deduction, etc. Along with general scientific methods
of cognition, the following private and scientific
methods were used: descriptive, linguistic,
comparative and legal. Disclosure of the topic under
study is carried out from the standpoint of general
scientific methods (sociological, systemic, structural-
functional, concrete historical, statistical), general
logical methods of theoretical analysis, private
scientific methods (comparative jurisprudence,
technical and legal analysis, concretization,
interpretation). Due to foregoing, it seems relevant to
conduct a comparative study of the state of Russian
legislation to prevent the spread of a new coronavirus
infection. Comparison and analysis will be carried out
on the basis of foreign experience in the legal
regulation of restrictive measures for COVID-19,
checking QR codes for both Russian citizens and
foreign citizens.
3 RESULT DISCUSSION
In 2020-2021, the Ministry of Justice of Russia
completed works on the analysis of the practice of
applying regulatory legal acts adopted in order to
combat the spread of the new coronavirus infection
(Cevinc, 2014). As a result of the study, the Ministry
of Justice of Russia believes that the measures
introduced in the territory of the Russian Federation
(including decrees of the Mayor of Moscow and
regulatory legal acts of the Moscow Government)
have been adopted within the competence of the
relevant authorities and certainly meet the
constitutional goals of protecting the life and health
of citizens proportionate to the threat of the spread of
the epidemic in the territory of the Russian Federation
(Nanushek, 2016).
As part of the analysis of international law, it is
noted that the Convention for the Protection of
Human Rights and Fundamental Freedoms, as well as
the practice of the Council of Europe bodies,
presuppose that the authorities are not only given the
right, but under the threat of responsibility they are
obliged to act in the most effective way to save
people's lives. A similar approach is enshrined in a
number of articles of the Constitution of the Russian
Federation (Behsudi, 2020).
General constitutional and international legal
approaches have found their development in specific
norms of Russian legislation, which allow the
authorities of the constituent entities of the Russian
Federation to establish a high alert regime, as well as
mandatory rules of conduct when introducing an
appropriate regime to protect the life and health of
people (Coronavirus (Covid-19) - Information for
Exporters).
Therefore, since the beginning of the coronavirus
pandemic, in a short time, both at the federal level and
at the level of the constituent entity of the Russian
Federation, new compositions of administrative
offenses have been formulated and officials of the
relevant executive bodies authorized to draw up
protocols on new compositions of administrative
offenses have been identified (Potential impact of
coronavirus on international supply chains).
However, the adopted legal prescriptions both at
the federal level and at the level of the subjects were
not devoid of potential conflicts related, first of all, to
the amount of fines imposed. Another problem of
formulating the compositions of administrative
offenses at the level of the constituent entities of the
Federation is their competition with the compositions
of administrative offenses recorded in the Code of
Administrative Offenses of the Russian Federation
(Kurakin and Karpukhin, 2020). Thus, the authors
note that "in violation of Art. 1.3.1 of the
Administrative Offenses Code of the Russian
Federation, according to which the jurisdiction of the
constituent entities of the Russian Federation in the
sphere of legislation on crimes of an administrative
nature includes the determination of administrative
responsibility for the fact that the law and other
regulatory legal acts of the constituent entities of the
Russian Federation were violated, regulatory legal
acts of local government bodies, laws of the
constituent entities of the Russian Federation on
administrative offenses, there is responsibility for the
fact that rules and regulations have been violated that
are not defined either by the laws of the constituent
entities of the Russian Federation, or other regulatory
legal acts of the constituent entities of the Russian
Federation, or legal acts of local self-government
bodies". In the same place, the authors cite the
legislation of the Kaluga region, where the powers of
the police officers included drawing up protocols on
administrative offenses under Art. 2.7 "Violation of
Living Conditions in a family" of the Law of the
Kaluga Region of February 28, 2011 No. 122-OZ
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"On Administrative Offenses in the Kaluga Region".
However, the formulations "obvious disrespect",
"destruction and (or) damage to property" used in this
article are not considered in the regulatory legal acts
of the subject, which led to the problem of law
enforcement practice. The authors rightly point out
that, depending on the factual circumstances, such
cases may cause competition with the administrative
offenses provided for by the Code of Administrative
Offenses of the Russian Federation, namely: Part 1 of
Art. 5.61 "Insult", Art. 7.17 "Destruction or damage
to other people's property" and 20.1 "Petty
Hooliganism", as well as Art. 167 of the Criminal
Code of the Russian Federation "Intentional
Destruction or Damage to property" (Kurakin and
Karpukhin, 2020).
This point of view correlates with the situation in
the area of adoption of administrative orders in the
regulatory legal acts of the city of Moscow. So, in
Decree No. 12-UM and Art. 3.18.1 of the
Administrative Code of the city of Moscow, the
category "Self-Isolation Regime" appears. This
category is absent in federal legislation, the laws of
the city of Moscow and, in fact, is considered in the
context of the high alert regime, which was
introduced by Decree No. 12-UM. This could
potentially lead to competition from Art. 3.18.1 of the
Administrative Code of the city of Moscow and Art.
20.6.1 of the Administrative Code of the Russian
Federation in law enforcement practice (Sun and
Sharman).
The Supreme Court of the Russian Federation
made a certain amount of clarity to the actively
emerging mechanism of administrative and legal
regulation associated with countering the spread of
the coronavirus pandemic. In Review No. 1 of the
Supreme Court of the Russian Federation it is noted:
"From the analysis of the above norms in their
systemic relationship, it follows that citizens,
officials, persons engaged in entrepreneurial
activities without forming a legal entity, legal entities
are subject to administrative liability under part 1,
Art. 20.6.1 of the Code of Administrative Offenses of
the Russian Federation both for violation of the Rules
and for violation of mandatory, as well as additional
mandatory for citizens and organizations, rules of
conduct when a high alert or emergency regime is
introduced in the territory of a constituent entity of
the Russian Federation" (Wrede, 2020; Kostennikov,
Kashkina, Sultanov, 2020).
According to the Supreme Court of the Russian
Federation, to provide development of the specified
provisions of the legislation of the Russian
Federation, which establish generally binding rules at
the federal level, the constituent entities of the
Russian Federation have adopted regulatory legal acts
in the field of protecting the population and territories
from emergencies. Among them, the highest court
included, namely, Decree of the Mayor of Moscow
No. 12-UM, Decree of the Governor of the Moscow
Region of March 12, 2020 No. 108-PG, and etc. "So,
- noted the Supreme Court of the Russian Federation,
- according to part 1, Art. 20.6.1 of the Administrative
Code of the Russian Federation, for example, the
actions of an individual are subject to qualification,
expressed in violation of subparagraph 3.2.4,
paragraph 3.2, section 3, paragraphs 12.1 and 12.3,
section 12 of Decree of the Mayor of Moscow dated
March 5, 2020 No. 12-UM "On Introduction of a
High Alert Regime" (as amended by the Decree of the
Mayor of Moscow dated April 10, 2020 No. 42-
UM)". Among the measures named by the Supreme
Court of the Russian Federation in Decree No. 12-
UM were bans on visiting city-wide territories,
leaving places of residence (except in emergency
cases), observing a social distance of at least
1.5 meters.
Therefore, development of administrative
legislation in terms of structuring and applying norms
on administrative responsibility at the level of federal
legislation and laws of the constituent entities of the
Federation illustrated (Universal Declaration of
Human Rights), on the one hand, the effect of
constitutional provisions on subjects of joint
jurisdiction, to which, in accordance with clause "k",
part 1, Art. 72 of the Constitution of the Russian
Federation and include administrative and procedural
legislation. On the other hand, subjects of joint
jurisdiction in the formal legal dimension are
associated with risks of legal conflicts, which can be
avoided by acts of interpretation of law.
Based on the available data in the public domain,
it is difficult to judge to what extent the administrative
practice for the consideration of cases under Art.
3.18.1 of the Administrative Code of the city of
Moscow. However, the opinion of the Supreme Court
of the Russian Federation that the actions of
individuals, expressed in violation of the provisions
of Decree of the Mayor of Moscow No. 12-UM "On
Introduction of a High Alert Regime", are subject to
qualification on the basis of an administrative offense
under Part 1, Art. 1 of the Code of Administrative
Offenses of the Russian Federation, indicates that the
scale in the administrative prosecution of persons in
terms of violations of the requirements established
during introduction of the high alert regime tilted in
favor of federal legislation, which, of course, will
significantly reduce the conflict of laws and the risks
Some Aspects of the Administrative and Legal Consequences of the Distribution of the COVID-19 Coronavirus
419
of competition between blanket orders of the Code of
Administrative Offenses of the Russian Federation
and the Code of Administrative Offenses of the city
of Moscow.
Wherein, earlier the higher courts indicated that in
the Code of Administrative Offenses of the Russian
Federation there can be the liability only for violation
of federal, not regional legislation (Lum and Clayton,
2020).
Namely, as the Supreme Court of the Russian
Federation explained: according to clause "k", part 1,
Art. 72, Art. 73, part 4, Art. 76 of the Constitution of
the Russian Federation, administrative and
administrative and procedural legislation,
environmental protection and environmental safety
are under the joint jurisdiction of the Russian
Federation and its subjects. Outside the jurisdiction of
the Russian Federation and the powers of the Russian
Federation in matters of joint jurisdiction of the
Russian Federation and the constituent entities of the
Russian Federation, the constituent entities of the
Russian Federation have full state power, the
territory, region, cities of federal significance, the
autonomous region and autonomous okrugs exercise
their own legal regulation, including adoption of laws
and other regulatory legal acts.
According to subparagraph 39, paragraph 2, Art.
26.3 of Federal Law of October 6, 1999 No. 184-FZ
"On the General Principles of Organization of
Legislative (Representative) and Executive Bodies of
State Power of the Constituent Entities of the Russian
Federation", the bodies powers implemented
independently at the expense of the budget of the
constituent entity of the Russian Federation (with the
exception of subventions from the federal budget),
the resolution of issues of establishing administrative
responsibility for violation of laws and other
regulatory legal acts of the constituent entity of the
Russian Federation, regulatory legal acts of local
government bodies was attributed.
Art. 1 of the Code of Administrative Offenses of
the Russian Federation determines that the legislation
on administrative offenses consists of the Code and
the laws of the constituent entities of the Russian
Federation on administrative offenses adopted in
accordance with it.
In accordance with clause 3, part 1, Art. 1.3 of the
Code of Administrative Offenses of the Russian
Federation, the jurisdiction of the Russian Federation
in the field of legislation on administrative offenses
includes the establishment of administrative
responsibility on issues of federal importance,
including administrative responsibility for violation
of the rules and regulations provided for by federal
laws and other regulatory legal acts of the Russian
Federation.
The jurisdiction of the constituent entities of the
Russian Federation in the field of legislation on
administrative offenses includes the establishment by
the laws of the constituent entities of the Russian
Federation on administrative offenses of
administrative responsibility for violation of laws and
other regulatory legal acts of the constituent entities
of the Russian Federation, regulatory legal acts of
local governments ( clause 1, part 1, Arti. 1.3.1 of the
Administrative Code of the RF).
From a systematic analysis of the above norms, it
follows that a constituent entity of the Russian
Federation has the right to establish administrative
responsibility for violation of those rules and norms
that are provided for by regulatory legal acts of this
constituent entity of the Russian Federation,
regulatory legal acts of local governments, by
specifying in disposition of an article on an
administrative offense of specific illegal actions,
excluding the coincidence of the signs of the
objective side of an administrative offense
established by the law of the constituent entity of the
Russian Federation, with the signs of the objective
side of an administrative offense, the responsibility
for which is provided for by the Code of
Administrative Offenses of the Russian Federation
(Kostennikov, Kashkina and Sultanov, 2020).
Therefore, when assessing and applying regional
rules on administrative responsibility, the following
shall be taken into account:
1) presence in federal legislation of a norm
governing public relations in the sphere of
jurisdiction of the Russian Federation, as well as in
the sphere of joint jurisdiction of the Russian
Federation and its subjects, excludes the possibility of
establishing in a regional law a norm on
administrative responsibility in this area;
2) a constituent entity of the Russian Federation,
establishing administrative responsibility, has no
right to intrude into those spheres of public relations,
the regulation of which is the subject of the
jurisdiction of the Russian Federation;
3) absence of a federal regulatory norm on issues
of joint jurisdiction of the Russian Federation and its
constituent entities allows the establishment of a
regional norm on administrative responsibility in this
area, if there is no corresponding composition in the
Code of Administrative Offenses of the Russian
Federation;
4) presence in the Code of Administrative
Offenses of the Russian Federation of a "general"
composition of an administrative offense, covering
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issues of federal, regional and local significance,
excludes the possibility of establishing a similar
composition in the law of a constituent entity of the
Russian Federation.
The foregoing indicates that presence of regional
regulatory legal acts adopted within the jurisdiction
of the state authorities of the Russian Federation does
not yet indicate that the subject of the Russian
Federation has the right to establish administrative
responsibility for violations of the norms contained
therein, just as absence of regional regulatory norms
does not exclude the possibility of adopting a regional
administrative-tort norm, if the legal regulation in this
area refers to the exclusive jurisdiction of the
constituent entity of the Russian Federation or its
powers on the subject of joint jurisdiction. In both
cases, presence or absence of the "general"
composition of an administrative offense in the Code
of Administrative Offenses of the Russian Federation,
covering the corresponding violations of both federal
and regional legislation, will be of decisive
importance.
4 CONCLUSIONS
The study shows that the measures taken are
predetermined by the degree of threat in the territory
of each constituent entity of the Russian Federation,
and are also accompanied by full-scale state support
for the most vulnerable sectors of the economy,
material support for broad categories of citizens. This
confirms that when the urgent measures were
introduced, the requirements of proportionality and
reasonableness of restrictions on rights and freedoms
were met.
The measures taken by the federal center and the
constituent entities of Russia are of an exclusively
temporary nature and are regularly reviewed for
compliance with the current situation. The gradual
easing of restrictions due to improvement of the
epidemiological situation confirms that the purpose
of these measures was precisely the protection of
people's health, and not arbitrary interference with
their privacy.
The complex of measures taken in the Russian
Federation corresponds to the world experience. A
detailed analysis of foreign practice also showed that
in a number of states (Germany, USA, Italy, France,
etc.), the judicial authorities checked the procedure
and validity of establishing restrictions comparable to
those introduced in Russia, and even exceeding them
in terms of the degree of impact. Such measures were
recognized as lawful by foreign courts.
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