How to communicate with the police during a pandemic
Right / / January 06, 2021
Why did this question even arise?
The pandemic has given rise to new concepts like self-isolation and new powers of regional leaders. Because of this, confusion often arises: is self-isolation a quarantine or not? What can and cannot be done? And laws change more often than usual.
Interaction with the police turns into a task with an asterisk, because the updated requirements may not only be known to you, but also to them. A situation arises in which any citizen needs to carefully study the regulations and know their rights.
What you need to know to avoid problems with the police
Let's make a reservation right away that awareness will protect you only if you and the police have the same version of what is happening. But this knowledge will definitely help to minimize problems.
Quarantine and self-isolation are different things
And they will be fined for their violation in different ways. Quarantine must be observed by those who have suspected or confirmed coronavirus, as well as those who have just arrived from abroad. Now the borders are actually closed, so there are not many people from the latter category. But compatriots continue to return with special boards.
People observing quarantinemust be at home at all times. They should not leave their home under any circumstances. For violators is providedAdministrative Code of the Russian Federation, article 6.3 responsibility under article 6.3 of the Administrative Code. And if because of their actions someone gets sick or dies, they will punishRF Criminal Code, article 236. Violation of sanitary and epidemiological rules already within the framework of the Criminal Code. Accordingly, for violation of quarantine, you can get from a fine to a real term.
At first, self-isolation was a legal recommendation. However, in April, amendments to the law came into force.Administrative Code of the Russian Federation, article 20.6.1, which introduced liability for non-compliance with the rules of conduct during high alert. It can be announced by the authorities in the regions, which they used.
For example, in Moscow, citizens are obligedOn amendments to the decree of the Mayor of Moscow dated March 5, 2020 No. 12-UM do not leave the place of residence without a valid reason. And in St. Petersburg, people under 65 years old without chronic diseases are only recommendedOn measures to counter the spread of a new coronavirus infection in St. Petersburg stay home. There are also all-Russian rulesResolution of the Government of the Russian Federation of April 2, 2020 No. 417.
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Changes in laws should be monitored regularly
Ignorance of the laws does not absolve you of responsibility. Therefore, before leaving home, it is important to read what prohibitions exist. This should be done even if your memory is in order: in a pandemic, regulations are updated frequently. The documents you need can be found on the regional government website.
Read them in their entirety, because there may be important clarifications in the text. For example, in St. Petersburg there is no ban on going out - only recommendation to stay at home. But it is forbidden to appear in parks and squares. And many Petersburgers got burnedA resident of St. Petersburg was fined 15 thousand rubles for violating the isolation regime exactly on this.
If you need some kind of document to leave the house, you should issue it
Now in many regions, passes are required for travel. Permanent ones are given to those who have to commute to work, and temporary ones are given to everyone else. For example, in Moscow, one-time digital passes have been introduced for those who travel by car. However, only on April 23, the police discoveredMore than 200 thousand Muscovites went by car on April 23 without a pass more than 200 thousand people who traveled without these documents.
It doesn't matter how you feel about restrictions, just remember: by breaking the law, you are not proving anything to anyone, only you can also be fined.
As a rule, you can go to the store and throw out the trash without a pass. If a police officer decides to check if you are violating the regime, he will look at the registration. If you live in another place, it is better to play it safe and have some kind of document confirming this with you. Suitable, for example, lease contract or free use of the apartment.
Better to take your passport with you
The Federal High Alert Code of Conduct requires citizens to carry an identity card. If you don't have your passport with you, policemen can take you to the ward to find out who you are. Keep in mind: you cannotAdministrative Code of the Russian Federation, article 27.5 delay for this longer than three hours.
Why can a cop stop you
A law enforcement officer has the rightFederal Law of 07.02.2011 N 3-FZ do it:
- if you are breaking the law;
- if you suspect that you have committed a crime or are on the wanted list;
- to check a permit or license if you are doing something for which it is needed;
- if there is a reason to initiate an administrative offense case against you.
When pandemic coronavirus the very fact that you are on the street may be a reason to stop. What if you are breaking the law?
What to do if a police officer stops you
Most likely, an officer of the authorities wants to check your documents to find out if you are following the rules. Do not offer resistance (this may result in a fineAdministrative Code of the Russian Federation, article 19.3) and don't panic. Show your passport and pass that gives you the right to be on the street.
By the way, the policeman must first introduce himself. You can also ask him to show his ID. Ideally, you should record what is happening on video yourself or ask someone: this can be useful in further proceedings.
If you are asked to show a document that you are not required to have, or they talk about bans that are not introduced in the region, refer to the correct regulation and explain the situation. Meticulousness can save you from being fined. And if it doesn't, you will still have the opportunity to challenge it. The police are empowered to draw up protocols, and the final decision on whether there was a violation and what punishment should follow is made court.
Law enforcement officials can also take you to the department to clarify the circumstances of the case. In case of detention, Lifehacker has detailed instructions.
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What to do if you don't consider yourself a violator
As we said, defend one's innocence will have to in court. You have several reasons for this.
If there was no offense
You rent an apartment with a partner, and are registered with your parents. We went out for bread, and you were stopped by a patrol. In court, you have to prove that you did not do anything prohibited: you can go to the store.
There is also a possibility that they will want to attract you for the wrong article. For example, for some time citizens who violated self-isolation were fined under Article 6.3 of the Administrative Code "Violation of legislation in the field of ensuring sanitary and epidemiological well-being population ". But then the decisions began to be canceledCoronavirus fines show positive dynamics. The fact is that the article can only be applied to those who violated the quarantine, and the Supreme Court confirmed this.Review of selected issues of judicial practice related to the application of legislation and measures for countering the spread of a new coronavirus infection in the Russian Federation (COVID-19) No. 1 .
So, if you are not sick and were abroad a long time ago, and a protocol was drawn up against you under Article 6.3 of the Administrative Code, it is highly likely that there will be no offense.
If you left home for a valid reason
Let's say you were actually found on the other side of the city. But you were visiting a brother who broke a leg and needs help. In court, you can show your relative's sick leave, proof that he lives near the place where you were stopped, as well as a receipt received when buying food for him.
Good reasons are usually listed in the regulation in your area. This can be an appeal to a medical facility for emergency help or support of disabled relatives.
What to remember
- While the pandemic is in full swing, it is better not to leave the house without a good reason.
- If you leave your home for a good reason, stock up on supporting documents. Better to spend an extra half hour on this than half a day talking to the police and the court.
- Check with local regulations their rights and responsibilities. This will help you avoid making mistakes.
- When meeting with policemen, do not panic, answer questions, show documents. Better to record the meeting on video.
- Remember: the policeman only writes out the protocol, the final decision is up to the court.
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