Can stores keep unmasked shoppers or deny service

In many regions of Russia, in connection with the COVID-19 pandemic, a mask mode has been introduced. In all public places, people are required to wear a mask, and sometimes also gloves. This applies not only to transport, but also to pharmacies and shops. Many retail chains at the entrance warn that you cannot visit the store without a mask, but is this really so?

Let's go straight: is it possible to enter the store without a mask?

Yes. Without masks You can enter, regardless of what warnings are present at the entrance - they are only advisory in nature. Retail chains are obliged to inform buyers about responsibility for violation of the mask mode in accordance with the letterOn the Methodological Recommendations of the Ministry of Industry and Trade of Russia in cases of the introduction of the mandatory use of personal protective equipment in the constituent entities of the Russian Federation Ministry of Industry and Trade of May 11, 2020.

Stores have no legal basis to restrict the presence of masked shoppers in stores. The current legislation does not provide for such norms.

And no one will kick out?

Store employees are not allowed to kick you out the door. Including guards: in accordance with the lawRF Law of March 11, 1992 No. N 2487-I "On private detective and security activities in the Russian Federation" (as amended and supplemented) "On private detective and security activities" they have the right to use physical force only for self-defense or crime prevention.

Or can they refuse to serve?

RecommendationsOn the Methodological Recommendations of the Ministry of Industry and Trade of Russia in cases of the introduction of the mandatory use of personal protective equipment in the constituent entities of the Russian Federation The Ministry of Industry and Trade said that if the visitor does not comply with the mask regime, then the representative of the trade organization, without entering into conflict with the offender, has the right to refuse him service at the checkout. However, this is contrary to Article 426 of the Civil Code of the Russian Federation."Civil Code of the Russian Federation (part one)" dated 30.11.1994 N 51-FZ of the Civil Code of the Russian Federation Article 426. Public contractwhere it says:

“A public contract is an agreement concluded by a person who carries out entrepreneurial or other income-generating activities, and establishing his obligations to sell goods, perform work or provide services that such a person, by the nature of his activities, must realize in relation to everyone who turns to him (retail trade, transportation by public transport, communication services, energy supply, medical, hotel services, etc.) ".

This means that you cannot refuse to sell goods to people without masks and gloves. And no new recommendations of the Ministry of Industry and Trade will change this fact.

What if the mask is forced to buy at the entrance?

Trading networks do not have the right to force the purchase of goods, even if it is mandatory for everyone personal protective equipment. This was confirmed by a lawyer from the European Legal Service in a comment to Lifehacker.

To impose the purchase of masks and gloves as a basis for admission to the purchase of other goods is inadmissible by virtue of Section 16 of the LawLaw of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" on consumer protection, which expressly prohibits such actions. It is impossible to condition the acquisition of some goods by the compulsory acquisition of others.

Orest Matsala, Leading Lawyer of the European Legal Service

Can you be fined for not wearing a mask in a store?

Stores have no right to refuse service to a visitor without a mask, but they can report an offender to law enforcement. Police officers or Rosgvardia officers have the right to issue a fine for non-observance of the mask regime (if it is officially introduced in this subject of the Russian Federation). Photo and video materials from the trading floor can be used as evidence of the violation.

In Moscow and the Moscow region, a fine for appearing without a mask in public places is4,000 rubles.

But why is shopping?

A store's decision to punish a customer without a mask may be based on more than just concern for the health of staff and other customers. By words Petr Shelisha, chairman of the Union of Consumers, the inspector of Rospotrebnadzor has the right to punish the trading network, which did not take the necessary measures to comply with the mask regime - for example, did not report intruder. This threatens not only with a large fine, but even with the suspension of trading activities for 90 days.

The basis for punishing the trading network will be the new article 20.6.1 of the Administrative Code"Code of the Russian Federation on Administrative Offenses" dated 30.12.2001 N 195-FZ - "Failure to comply with the rules of conduct in an emergency or the threat of its occurrence."

Let's summarize

• Stores cannot deny entry without masks or deny service.
• It is also impossible to expel from the store and even more so to use force against the violator of the mask regime.
• However, store employees may well report your violation to law enforcement.

If the local authorities have officially introduced the mask regime in your region, then Lifehacker recommends observing it. Personal protective equipment, social distancing and other precautions are designed to reduce the risk of contracting coronavirus infection in public places.