a Violators of isolation that did not cause harm to society, can declare administrative Amnesty, the relevant proposal was made by the HRC — it is already supported in the Federation Council. In the report of human rights activists explained the initiative of the difficult economic situation in the country — monetary penalties could seriously damage the budget of citizens in a pandemic. The Committee of social rights, the HRC explained “Газете.Ru” that people who will cancel the fines can be far greater than the actual violators.
The majority of people fined for violation of isolation in Russia can be innocent, therefore the state should return them the money spent on recovery of funds. This “Газете.Ru” Chairman of the Commission on human rights Council on human rights under the President of the Russian Federation and the lawyer Irina Kirkor.
July 8, the HRC made a proposal to declare an Amnesty for administrative violators isolation, whose actions did not bring harm to society. The Council’s report explains that because of the volatile economic situation resulting distribution COVID-19, many families will find it difficult to pay the prescribed fines. In this regard, it is proposed to abolish financial penalties for those whose violation does not entail negative consequences — in particular the transmission of the virus to another person.
As Chairman of the Commission on social rights, primarily the state have to prove that the person did not cause anyone harm, committing an administrative violation.
“In any case, the responsibility for evidence, was there any negative consequences from the actions of the offender, will be on the state. Especially when the system is not modified — it was such a failure that even those cases where a citizen could do to break questioned. But now, more urgent question of the protection of a much greater number of people who were not violated, but was fined,” said Kirkor.
In the report, the HRC stated that during isolation the hotline of the Council and of the Association of lawyers of Russia has received a lot of complaints about the mobile app “Social monitoring”, which was conducted the monitoring of movements of patients COVID-19. It was sent to patients a notice requiring to do a selfie at home. But in the end the app charge a penalty, even those who refused to take a selfie at night, or prescribed monetary penalty for leaving the house to people who are not themselves able to move because of a disability.
Power only discuss this administrative Amnesty, so it is still unknown how will the refunds to citizens who had not violated or violated, but did not bring harm. However, a member of the Council prepolagaet that refund will also state.
“The format needs to be discussed. But it is necessary that all this was done automatically, systematically and government that the citizens didn’t do extra movements especially did not go on the locality. We are talking about the fact that the pandemic began to decline, but wasn’t told that it all ended,” — said Kirkor.
At the same time, the state Duma believes that the money spent on fines, it is necessary to return not only the actual perpetrators, but also all Russians.
“It’s not Amnesty is necessary, and to cancel the Prosecutor’s office. In action this system was the set of violations: for example, motorists ticketed by cameras, which is illegal, because the camera can only be used in accordance with Chapter 12 of the administrative code — a violation of traffic rules, but there is no alert there appears. No authority regional authorities to expand the scope of Federal legislation”, — said the first Deputy Chairman of the Committee for state construction and legislation Vyacheslav Lysakov in conversation with “Газетой.Ru”.
Note that the HRC fully agree with the position of the Deputy. “It should be noted that the legislation on administrative offences pre-eminently the list of infractions that can be fixed by a free-running cameras. Violations of isolation in this list does not include,” said the Council report.
The idea of an Amnesty was immediately supported by the head of the Federation Council Committee on constitutional legislation and state construction Andrey Klishas. “In fact this sentence is correct, but the legal mechanism of liberation from the responsibility of citizens needs to be discussed,” said he TASS.
Kirkor explained “Газете.Ru” the legal process by which violators of isolation will be able to obtain Amnesty. “The bill will be introduced in the state Duma. After three readings taken in accordance the legislative process and on the basis of this rule the penalties are canceled,” — said she.
It is known that in April and may, the interior Ministry has directed to courts more than 360 thousand reports of violations of the isolation — another 54 thousand in fines has been collected from the Muscovites from application “Simulating”.
Deputy Lysakov suggested in a conversation with “Газетой.Ru” that speech can go at least about half a billion rubles. “There may be about 500 million rubles fine. For 4 thousand roubles of the penalty payable to all citizens for any sneeze”, he said.
