Compulsory vaccination against coronavirus: where was it introduced, is it possible to refuse and what threatens anti-vaccines

Compulsory coronavirus vaccination - is it generally legal?

In short, yes. But we must understand that mandatory and mandatory are not the same thing, no matter how paradoxical it may sound. They can prescribe to be vaccinated, but they will not inject it by force.

In general, the phrase "mandatory vaccination" did not appear in connection with the coronavirus. The national immunization schedule providesOrder of the Ministry of Health of the Russian Federation of March 21, 2014 No. No. 125n "On the approval of the national calendar of preventive vaccinations and the calendar of preventive vaccinations for epidemic indications" compulsory vaccination, for example, against viral hepatitis B and tetanus. And this requirement is always valid.

Vaccination against coronavirus is on another calendar Appendix No. 1 to the order of the Ministry of Health of the Russian Federation of March 21, 2014 No. 125n. National vaccination calendar

. It contains vaccines that are not administered in "peacetime". But they can be made mandatory if there is a threat of the spread of the corresponding disease. The decision on this is made by the chief sanitary doctor of Russia or a separate region. The latter is happening now.

The vaccination calendar lists people who need to be protected from the disease as a priority. These are, for example, citizens from at-risk groupsin whom COVID-19 is severe and with consequences: people over 60 years of age and with chronic diseases.

Employees of medical, educational institutions, social service organizations and multifunctional centers, residents of cities with a population of more than 1 million people, as well as citizens who, on duty, have a lot of contact with others people. For example, workers in the service industry.

At the same time, local authorities can change the priority levels on their own and decide who they want to see vaccinated.

But what about the protection of human rights?

In Poland, they tried to oppose compulsory vaccination. It was about vaccinations for a child in accordance with the national calendar. The European Court of Human Rights did not considerQ & A on the case of Vavřička and Others v. the Czech Republic / ECHR compulsory vaccination in violation of these same right. And this is the highest authority in such matters. In a pandemic, it is even more likely that the end justifies the means.

What happens if you refuse vaccination?

Citizens have the right to refuse preventive vaccinations. This possibility is explicitly stated in the law.Federal Law of September 17, 1998 No. 157-FZ (ed. of April 26, 2021) "On immunization of infectious diseases".

No one will run after you with a syringe (at least not yet), strap you to a gurney and forcefully inject the vaccine. But, refusing to be vaccinated, you need to be prepared for the consequences.

The state has different levers for motivation. For example, you canFederal Law of September 17, 1998 No. 157-FZ (ed. of April 26, 2021) "On immunization of infectious diseases":

• ban unvaccinated going abroadif the vaccination is needed in the country of destination;
• temporarily refuse admission to educational and health institutions;
• Suspend from work if it is associated with a high risk of infection.

To further spur citizens, the authorities are using other measures. For example, in Moscow, restaurants will be able toSergei Sobyanin introduced new restrictions to prevent the spread of COVID-19 / Official website of the Mayor of Moscow visit only people with vaccinations, negative test for coronavirus or those who have recovered in the last six months. Some are outraged and write something like "Everything is clear, the virus, it turns out, spreads in restaurants, not in the subway." But the logic of the authorities is obviously different. The new measures are not intended to stop the spread of the disease by limiting contact. It's just that we're being deprived of our pleasures to motivate us to get vaccinated.

Many consider such restrictions to be discrimination. And the authorities have already statedPeskov announced imminent discrimination against non-vaccinated / Kommersant: yes, this is discrimination against the unvaccinated, and it is inevitable. Moreover, this position is taken by the majority of citizens: 56%Vaccination with mandatory elements: pros and cons / VTsIOM of Russians interviewed by VTsIOM supported compulsory vaccination.

What does it mean to "remove from work"? Will I be fired or put on vacation?

The types of activities that can be removed from are collected in the decreeResolution of the Government of the Russian Federation of July 15, 1999 No. No. 825 "On approval of the list of works, the implementation of which is associated with a high risk of contracting infectious diseases and requires mandatory preventive vaccinations" government. There is a rather limited and very specific list of professions. Employees of health care and educational institutions are included in it. And bus drivers, dry cleaning employees and other citizens from those who are also prescribed to be vaccinated do not appear there.

It would seem that those who are not on the list need not be vaccinated and wait. But it was not there. Citizens cannot be forced to vaccinate. But the employer for the fact that he has unvaccinated employees will easily be finedAdministrative Code of the Russian Federation, article 6.3. "Violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population" in the amount of up to 500 thousand rubles (and in case of harm to someone's health - up to 1 million) or suspend the activities of the organization for 90 days. Therefore, management will be more than motivated to ensure that employees are vaccinated. Methods are usually available.

And if there are contraindications?

By law, vaccinations are in principle doneFederal Law of September 17, 1998 No. 157-FZ (ed. of April 26, 2021) "On immunization of infectious diseases" people who do not have medical contraindications for this. So there should be no sanctions.

However, the representative of Rostrud, answering a question in the online reception service, noted: “Medical document on the recusal from vaccinations does not prevent suspension from work, since the employee continues to remain a danger to others. " From the point of view of the law, the measure is controversial. And maybe that's why this answerSuspension from work under article 76 of the Labor Code, without pay / Online-inspection.rf the site is no longer available. But the cache remembers everything.

Practice will show how everything will actually happen. But such a suspension from work is definitely worth trying to challenge through the State Labor Inspectorate and court.

Where was the mandatory vaccination against coronavirus introduced and who does it concern?

Normative acts that oblige to vaccinate are issued in each region separately, therefore the conditions are different.

Moscow

In the capital it is prescribedResolution of the chief state sanitary doctor for the city of Moscow E.E. Andreeva dated June 15, 2021. No. 1 "On carrying out preventive vaccinations for certain groups of citizens for epidemic indications" vaccinate 60% of service workers. And this applies not only to full-time employees, but also to everyone else.

The requirement affects enterprises operating in the following areas:

• Trade.
• Services related to beauty and health: beauty salons, spas and so on.
• Household services.
• Financial and postal services.
• Transportation of people.
• State and municipal services.
• Education, healthcare, social protection.
• Culture and sports.

First component or single component vaccine specified 60% should get until July 15, the second - until August 15.

Moscow region

In the area of ​​requirementsDecree of June 16, 2021 No. 3 "On carrying out preventive vaccinations for certain groups of citizens for epidemic indications" for compulsory vaccination are the same as in Moscow. At least 60% of service workers must be vaccinated. The terms are similar.

St. Petersburg

In St. Petersburg, the heads of government bodies, state institutions and unitary enterprises are prescribedResolution of the Government of St. Petersburg dated June 19, 2021 No. No. 406 "On Amendments to the Resolution of the Government of St. Petersburg dated March 13, 2020 No. № 121 and measures to ensure sanitary and epidemiological well-being during the holiday of graduates of St. Petersburg schools "Scarlet Sails" " by 15 August to ensure that antibodies to coronavirus were at least 65% of their subordinates.

Leningrad region

In the Leningrad region they requireResolution of the Government of the Leningrad Region dated June 17, 2021 No. 382 “On Amending the Resolution of the Government of the Leningrad Region dated August 13, 2020 No. 573“ On Measures to preventing the spread of a new coronavirus infection (COVID-19) in the Leningrad Region and invalidating certain resolutions of the Government of the Leningrad Region area ""so that by September 1, at least 80% of employees of state institutions and private enterprises, in which close communication with people. These are primarily organizations that provide various kinds of services. The list is close to the Moscow one.

Kaliningrad region

Before August 20, at least 60% must be vaccinatedResolution of the Chief State Sanitary Doctor for the Kaliningrad Region dated June 23, 2021 No. No. 12 "On conducting preventive vaccinations for certain groups of citizens for epidemic indications" employees of service sector organizations. The categories are roughly the same as in Moscow. But the employees of hotels, boarding houses and other places for temporary residence are also mentioned separately.

Krasnodar region

They did not reinvent the wheel here and followed the path of Moscow. Unless the terms have been slightly shifted, since the decree was issued later. 60%Resolution of the Chief State Sanitary Doctor for the Krasnodar Territory of June 23, 2021 No. No. 8 "On carrying out preventive vaccinations of certain groups of citizens for epidemic indications" service workers are required to be vaccinated by 23 August.

Kemerovo region

By August 18, at least 60% should be vaccinated hereResolution of the Chief State Sanitary Doctor for the Kemerovo Region - Kuzbass of June 17, 2021 No. No. 10 "On carrying out preventive vaccinations for certain groups of citizens for epidemic indications" employees of educational and health care organizations, social services, as well as multifunctional centers.

Nizhny Novgorod Region

It is necessary that 60%Resolution of the Chief State Sanitary Doctor for the Nizhny Novgorod Region dated June 20, 2021 No. "On carrying out preventive vaccinations for certain groups of citizens according to epidemic indications" service workers were vaccinated by 25 August.

Sakhalin Region

60%Resolution of the Chief State Sanitary Doctor for the Sakhalin Region dated June 18, 2021 No. No. 204 "On additional measures to prevent new coronavirus infection (COVID-19) in the Sakhalin region" workers in the service sector, as well as in Moscoware required to be vaccinated by August 20.

Tver region

Everything is like in the capital, only the terms are differentResolution of the Chief State Sanitary Doctor in the Tver Region of June 18, 2021 No. No. 1 "On carrying out preventive vaccinations for certain groups of citizens according to epidemic indications". 60% of service workers should receive the first component of the vaccine by 18 July, the second by 18 August.

Tula region

The requirements are similar to those in Moscow. By August 15, 60%Resolution of the Chief State Sanitary Doctor for the Tula Region dated June 18, 2021 No. "On the compulsory preventive vaccinations of certain groups of citizens" service workers should be vaccinated.

Where do they promise to introduce vaccinations?

There are regions in which they promise to introduce compulsory vaccination, but so far no regulations have been issued on this matter. This is:

• Murmansk regionIn the Murmansk region, compulsory vaccination will be introduced for certain categories of workers / Government of the Murmansk region;
• Nenets Autonomous OkrugMandatory vaccination against coronavirus has not yet been introduced in the Nenets Autonomous Okrug / Administration of the Nenets Autonomous Okrug ;
• Sverdlovsk regionCompulsory vaccination for certain categories of citizens will be introduced in the Sverdlovsk region / TASS.

I am writing for Lifehacker about money, law and rights, things that help to live easier, better and more fun. And, of course, I check the advice for myself: I get tax deductions, I file tax returns online, and I paid off my mortgage ahead of schedule and forced the mail to find my package.

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