Question of the day: Who and under what law will be fined for refusing vaccination?
Professional lawyers consider the norms of the new Administrative Code on fines for the refusal to vaccinate the top of abstract and unspecified thinking.
The draft Code of Administrative Offenses was fined for refusing compulsory vaccination. The draft new Code of Administrative Offenses of the Russian Federation sets a fine of up to 7 thousand rubles for citizens at risk. for refusing prescribed medical examinations and vaccinations prescribed by law. The corresponding norm is contained in the draft new Code of Administrative Offenses, posted by the Ministry of Justice on the portal of draft regulatory legal acts. The State Duma is asking the Ministry of Justice to clarify fines for refusing vaccination. The lawyers from the Moscow Law Office Shcheglov & Partners commented on the draft of the new Code of Administrative Offenses:
The Ministry of Justice has published a draft new Code of Administrative Offenses, which provides a fine for refusing medical examinations and vaccinations. According to the draft, violation of the legislation on the sanitary and epidemiological welfare of the population, including “on the implementation of measures in relation to patients with infectious diseases, conducting medical examinations, preventive vaccinations, hygienic education and training of citizens”, entails the imposition of an administrative fine on citizens in the amount of 5 thousand up to 7 thousand rubles. " Commenting on this norm, Deputy Minister of Justice Denis Novak told Interfax that "sanctions will not affect most citizens who, for one reason or another, are not vaccinated according to the national vaccination schedule." “Administrative responsibility arises only in cases where the obligation to carry out these measures (vaccination - IF) appears in accordance with the law on sanitary and epidemiological control”, - Novak said.
For officials, the fine will be higher - from seven to ten thousand rubles. For individual entrepreneurs, it will be from ten to twenty thousand, or up to 30 days of an administrative ban on activities, and for legal entities, from twenty to thirty thousand rubles, or also up to 30 days of a ban on activities.
The Rospotrebnadzor, in turn, explained that fines for refusing vaccination will affect primarily occupational risk groups. “The list of works, the implementation of which is associated with a high risk of contracting infectious diseases and requires mandatory vaccinations, includes, for example, work with patients with infectious diseases, work with human blood and body fluids, work on caring for animals, and so on,” stated in the press service of the department.
Administrative responsibility will arise if these professional duties are performed without the necessary vaccination. At present, the Code of Administrative Offenses does not impose penalties for refusing vaccinations. The norms of the new CAO have caused a wide resonance against the backdrop of the coronavirus pandemic.
The new norm caused a public outcry, therefore, lawyer Yulia Lyalyutskaya commented on whether this is legal: “Clause 4 of Art. 10.1 of the draft Code of Administrative Offenses, of course, amazes with its nebula and uncertainty.
For almost two months, the lawyers of our Bureau diligently refrained from commenting on innovations and legislative coronavirus initiatives. I wanted to believe that this was temporary, and the traditional Russian approach of “make a fool pray to God, he will break his whole forehead” here will not work.
But this norm is the top of abstract and non-specific thinking. And for legislative initiative, this is a disastrous practice. Who is being fined, for what? What is compulsory hygienic education and training of citizens? What measures and against whom can they be taken? And most importantly, by whom ???
Of course, together with the comments of Rospotrebnadzor, deputies, and politicians, the norm does not look so scary. “Everything is clear, everything has been clarified,” the townsfolk will say. But when amendments to the law are adopted, there will be no opinion of Rospotrebnadzor, nor Mr. Novak. Only a citizen, the rule of law and responsibility for its violation.
And without significant changes to the text of the norm, it smacks of Soviet compulsory hospitalization and medical intervention. And jokes about the film adaptation of George Orwell’s 1984 novel on the planet will no longer be funny ... ”
Meanwhile, State Duma deputy Nikolai Nikolaev (United Russia party) intends to clarify in the Ministry of Justice who exactly are going to be fined for refusing vaccinations. "In order for us to be transferred from legal to Russian, I prepared a request to the Ministry of Justice, Minister Konstantin Anatolyevich Chuychenko, in which I ask you to list what specific violations are meant, as well as what are the signs and ways of qualifying such violations," Nikolaev said on Facebook. Earlier, the deputy head of the Ministry of Justice, Denis Novak, gave his explanations that this does not apply to personal denials of citizens, but it turned out not very convincingly. “The article, of course, was written in such a way that it is practically impossible to figure out what really meant,” the parliamentarian said.