โณ แฐ๐๐เฌ๐ต๐๊คย โ๏ธย แฝ๐ณ๐
แฝ ๐
ย ย ย ย ย ย ย ย ย ย ย ฯฎษฯฦฯ ฦัย ำผ
The final answer of the lawyer on wearing "masks"
November 17, 2020
102 thousand.
3 mins
I did a lot of work to study the regulatory framework and came to the conclusion that the Decree of the Mayor of Moscow contradicts the Government's Decree. And who's right? Should we wear "masks"?
Hello friends! I'm very happy to see you on my channel. In this article, consider whether the fines for "violation of the mask regime" are legal.
Mandatory wearing of "masks" and whether there are grounds.
Let's go.
I think that all this canister with masks is interesting to you because of the fines under Article 20.6.1 of the Rf Code, which write us in packs, so I have already posted THIS LIK ON HOW to behave in the registration of such a fine.
And is the requirement to wear a "mask" legal:
First, in order to enact the following Rules, a high-alert regime in the region is needed. At the moment (17.11.2020) such a regime is introduced in all regions of the Russian Federation individually, that is, decrees, decrees and orders of the heads and governments of the regions.
The rules of conduct approved by Government Decree No. 417 of 02.04.2020 spelled literally the following:
when receiving instructions from authorized officials, including through the media or telecom operators, use collective and individual protection and other property (if provided by the executive branch of the Russian Federation, local governments and organizations) designed to protect the public from emergencies.
We see that the rules approved by the Federal Government and operating throughout Russia oblige us to use the means of individual protection only in the case of the provision of such funds by the executive authorities of the subjects of the Russian Federation, local governments and organizations.
In order to further understand, we need to understand the concept of personal respiratory protection (SED).
This is not difficult to do, as there is such a GOST - GOST P 55446-2013 "Security in emergency situations. Personal protection of the respiratory system of the population and rescuers in emergency situations. Classification."
According to this GOST, the filtering insizDs include:
filtering civilian gas masks;
filtering respirators to operate and evacuate pollution zones;
filtering self-rescuers for adults and school-age children to evacuate from infestation areas;
filtering self-rescuers for preschool children to evacuate from the areas of infestation;
protective children's cameras.
Where are our favorite masks? And they are not, because they are not a means of protecting the respiratory system.
Why then fined, because masks are not a means of protection, and even they are not given to us by anyone?
And here's why (consider the example of the city of Moscow):
In paragraph 9.4 of the Moscow Mayor's decree of May 7, 2020, No. 55-UM verbatim enshrined the following:
From 12 May 2020, citizens are required to use the personal protective equipment of the respiratory organs (masks, respirators) and hands (gloves) when in public transport, a passenger taxi, a vehicle carrying passengers and luggage on order, when visiting objects of trade for which no decision has been made to suspend their visits by citizens, as well as in the cases provided in annex 6 to this decree.
This decree is referred to by the police when drawing up a report for "violation of the masked regime" in the city of Moscow. In other regions there are similar decrees and orders of the heads of regions.
As we can see, there is no word in this decree that the masks should be provided to you, and we must comply with this decree on the basis of paragraph 1 of the Rules described above.
I think it is clear to everyone that the decree contradicts the Rules approved by the Government of the Russian Federation, as they clearly spell out the condition for the provision of protection, and the decree does not.
What is the rule of law in this case?
Article 2 of the Russian Constitution establishes the supremacy of federal rules and regulations. Accordingly, the rules described above prevail over any decrees and orders of the heads of regions.
That is, the Rules should be applied, not the Sobyanin Decree.
From all this we can conclude that the wearing of a mask, it is a mask - which is not inscribed in the GOST and is not a means of protecting the respiratory system is not mandatory for citizens.
But the wearing of a filter respirator provided by the GOST is mandatory for citizens only in the case of providing such a respirator by the executive authorities or organizations.
The final answer of the lawyer on wearing "masks"
If I understood this, it means that experienced judges who have worked for 10-20 years in the courts also understand this, and this is confirmed by the large percentage of cancellation of the fines imposed on the filed complaints. I took a little digging on the website of the Moscow City Court and easily found three cases in which the fines were abolished: 7-8978/2020; 7-9769/2020; 7-8367/2020. I think if I spent another 10-15 minutes, I would have found 20 and 30 such cases.
The final answer of the lawyer on wearing "masks"
Now I think the question of wearing "masks" is closed?
But I am always interested in your opinion, so write in the comments and what then is the reason for imposing such a huge number of fines on citizens if we do not violate the law?
Who cares, my social networks:
Yandexzen
Youtube
ฯ๐ฌ๐ฒ๐ฏ ๐๐ฌ๐จ๐ข๐ฏ ๐