QR-passes against the Constitution, or why the state flew off the handle
Social networks vying to discuss tough measures that the mayor of Moscow is about to introduce from Monday. The main question is: what does the tightening of an absolutely illegal and unconstitutional digital noose on the necks of Muscovites have to do with the real fight against coronavirus?
The strange situation surrounding the fight against the epidemic in Russia continues: the authorities (both central and regional) are trying to tighten quarantine measures, but in fact they are doing it illegally, since no state of emergency has been officially declared in the country - to take this step you need to have not only good foundations, but also remarkable courage. Nevertheless, social networks have already sounded the alarm, even considering illegal measures as harbingers of future digital slavery. So the social psychologist Alexei Roshchin writes:
“And yet it seems that events are starting to develop according to the worst case scenario - in Moscow, nevertheless, they are going to introduce“ digital passes ”. Literally - EVERYONE will need to register somewhere there on the State Service, after which they will receive this very pass for EVERY (!!) way out of the house. It seems that Sobyanin is about to come forward and voice this, so to speak, “initiative”.
I already wrote today that the authorities have little choice: it remains either to go directly to the repressions, or to calmly observe how the "self-isolation regime" quickly, literally over the next few days, finally turns into a farce. Because it’s already clear - people are tired of quarantine, and most importantly, the further they go, the less they see the point.
For my taste, even if one enters into all humanistic considerations, a "pass to exit the house" is already some kind of complete outrage. More precisely, it’s just a mockery. You can’t practically arrest people without fault - after such violence in the state there will be no legal consciousness at all, the concept of “rights” will turn into a dummy in general.
They will tell me with irritation - "What rights ?? We save the most important thing - human lives !!!" I agree, life is the most important value. Life must be protected. But is the threat so absolute ?! Even if the coronavirus is more dangerous than the flu, even three times, even 10 times "like in Italy" (although there are just big doubts) - it is still not a plague or Ebola fever in any case; Is coronavirus an occasion to FORCE people in principle to give up free will? I'm sure not. This cannot be done. You cannot stop life in order to defeat death.
That doesn't work like that, gentlemen, comrades. The authorities cannot be likened to the Lord God, who, like a shepherd in a herd, saves all the "lambs" regardless of their desire. If people are so frivolous, if they, having all the information, are still ready to take risks and take to the streets - they are adults, they are responsible for themselves. If our behavior is a mistake, let us answer for our mistakes. Put free people on a chain - this can not be an exit ... "
Political scientist Ilya Grashchenkov summarizes the logic of recent events:
“The meta-state of technocracy, what will it be without politics? Moscow Mayor Sobyanin shows us a state corporation, where, as in the film "Robocop", power has finally passed from the hands of society into the hands of financial and industrial groups.
It all started with the fact that instead of a referendum on the new Constitution, we decided to conduct a derivative of it - a “popular vote”. The open Pandora’s box didn’t keep waiting for the appearance of new monsters, for example, the “self-isolation regime” instead of the FKZ emergency state. Other tricky add-ons followed, such as the “agreement between the city hall and the Ministry of Internal Affairs on fines and arrests,” “the introduction of electronic QR passes,” etc. Instead of presidential decrees, government decrees or laws of MHD, there is a direct dictatorship of the city hall with newly formed meta-institutes working as if bypassing the real state. I already wrote that most of all are afraid of state of emergency those who will lose power levers. In 1993, General Kulikov took over Luzhkov’s office, and in 2020 someone would have to take Sobyanin’s office. Therefore, people are scared: “what do you want the army to enter the city and reel you on the tracks of tanks ?!” But it would be calmer with the army than with the shaky construction of the city hall - the police - the Russian Guard under a certain “contract-agreement”.
As a result of the fact that civilian officials, creating a dictatorship in the spirit of the second wave of Bonapartism, took the place of the army, the State itself (as the sum of society and laws, read - the rules of the game) went abruptly. A post-modern meta-state project appeared in its place, with a city hall website instead of the Constitution and media reports and tg channels instead of laws. In the spirit of Bodriyarovskaya “There was no war in the gulf” or “The tail wags the dog” shot on it, the information campaign completely confused and neutralized the ordinary Muscovite, who can no longer understand what happens when it ends and if we don’t dream about all this ?
And everything is simple. Once we gave up politics. “This is a dirty business!”, The Russian says, “I don’t care who they choose, my family and work are important to me.” Well, this is what the ideal technocratic state looks like: there are no laws, a corporation of officials controls everything, people sit at home, and robocops catch random dissidents. Welcome to brave new world (Welcome to the brave new world! - Eng.) ... "
But the journalist Pavel Pryanikov is trying to remain in the field of legality, confident that all the initiatives of Sobyanin are a filkin letter, not confirmed by anything:
“The first explanations of lawyers about the“ phylactic letter ”of the Moscow City Hall went. It all comes down to one thing - without an official emergency regime, all measures in the Sobyanin’s Decree are illegal.
“In Moscow, the emergency mode has not been introduced. In accordance with paragraph. "D" h. 10 Article. 4.1 of the Federal Law of December 21, 1994 No. 68-FZ “On the Protection of the Population and Territories from Natural and Technogenic Emergencies” it was established that actions taken to eliminate or prevent an emergency cannot limit human rights and freedoms. Thus, before the introduction of a state of emergency, any restrictions on my constitutional right to move around the territory of the Russian Federation are illegal.
Self-isolation does not prohibit leaving a place of residence.
The requirement to disclose the reason why I legally, contrary to an arbitrarily established restriction, left the place of residence violates my right to privacy, given to me by Part 1 of Article 23 of the Constitution of the Russian Federation. ”
The lawyer drafted an explanatory explanation for the police, which could stop people at this time. He offers to print it and fill it out with the protocol, entering the necessary data.
Of course, the police these days will not give a damn about it. But the most inquiring and energetic after quarantine can spoil a lot of nerves of the police and city hall in the courts, contesting fines, etc. .. ”