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21/09/2024
Saturday
THIS DAY IN HISTORY:
21 September 
1970 Malta gained independence from Great Britain.
1970 The crossing of the troops of A.V. Suvorov through the Alps.
1970 The Jews of Holland were ordered to wear identification marks on their clothes.
21 September
1970 Malta gained independence from Great Britain.
1970 The crossing of the troops of A.V. Suvorov through the Alps.
1970 The Jews of Holland were ordered to wear identification marks on their clothes.
Fines related to Covid-19 are successfully challenged in courts
Attempts made by the authorities of different countries to stop the spread of COVID-19 often lead to the introduction of special regimes and restrictions. As a rule, they are associated with the wearing of personal protective equipment (including masks and gloves) and the requirement for compulsory vaccinations to visit public places.
Various normative acts, causing contradictory reactions in society, are being adopted. In a number of cases, such actions on the part of officials may turn out to be an attack on the constitutional rights of citizens, and then lawyers come into play. They show that your rights can and should be protected. But is this protection always successful? Let's look at a couple of examples.
In mid-2020, the judges had to consider the conflict between the Tander company from Belokurikha and the regional department of the Russian Federal State Agency for Health and Consumer Rights. On July 7, 2020, an employee of the supervisory authority found a cashier in the Magnit store with a medical mask lowered and gloves missing.
According to experts, in Moscow, about 57 thousand administrative cases were challenged in this way for violation of Article 20.6.1 of the Administrative Code (non-wearing of masks), the total amount of fines for which exceeded 270 million rubles.
As the newspaper ‘Arguments of week’ notes, employers also have experience of successfully appealing against administrative punishments. For example, in September, the court of the city of Rasskazovo (in the Tambov region) issued a ruling in the case of an entrepreneur, whom the employees of the Russian Federal State Agency for Health and Consumer Rights tried to prosecute for a failure to organize vaccinations of employees. 7 out of 9 employees of the White Rosehip cafe belonging to him were not vaccinated against COVID-19, despite the employer's order. In court, the case No. 5-402 / 2021 fell apart, since it was established that the entrepreneur had organized the vaccinations.
In other countries, similar displays of civic engagement are more successful.
Various normative acts, causing contradictory reactions in society, are being adopted. In a number of cases, such actions on the part of officials may turn out to be an attack on the constitutional rights of citizens, and then lawyers come into play. They show that your rights can and should be protected. But is this protection always successful? Let's look at a couple of examples.
In mid-2020, the judges had to consider the conflict between the Tander company from Belokurikha and the regional department of the Russian Federal State Agency for Health and Consumer Rights. On July 7, 2020, an employee of the supervisory authority found a cashier in the Magnit store with a medical mask lowered and gloves missing.
An administrative offense report was drawn up against the company operating the outlet.
However, when the case No. 5-66 / 2020 was considered in court, the representatives of the Russian Themis did not find the ‘corpus delicti’ in the work of the store. The cashier clearly did not fit the category of persons described in part 2 of Art. 6.3 of the Administrative Code. An attempt to appeal the court verdict was unsuccessful. The cassation court in its final conclusion (case No. 16-6798 / 2020) upheld the decisions of the courts unchanged.According to experts, in Moscow, about 57 thousand administrative cases were challenged in this way for violation of Article 20.6.1 of the Administrative Code (non-wearing of masks), the total amount of fines for which exceeded 270 million rubles.
In Smolensk, the Zadneprovsky District Court reinstated an employee who had been illegally dismissed for a refusal of compulsory vaccination in October 2021 (case No. 2-1710 / 2021).
As a result, an employee of a car repair company received an average earnings for the period from 4.08.2021 to 19.09.2021. In addition to the forced absenteeism, the employee of the company recovered another 5.5 thousand rubles from the employer, including legal costs and compensation for moral damage.As the newspaper ‘Arguments of week’ notes, employers also have experience of successfully appealing against administrative punishments. For example, in September, the court of the city of Rasskazovo (in the Tambov region) issued a ruling in the case of an entrepreneur, whom the employees of the Russian Federal State Agency for Health and Consumer Rights tried to prosecute for a failure to organize vaccinations of employees. 7 out of 9 employees of the White Rosehip cafe belonging to him were not vaccinated against COVID-19, despite the employer's order. In court, the case No. 5-402 / 2021 fell apart, since it was established that the entrepreneur had organized the vaccinations.
At the same time, it was not his duty to provide vaccinations.
Experts note that so far in Russia, it is more difficult to file lawsuits with class actions. For example, the Supreme Court dismissed the July claim to abolish the mandatory wearing of masks, filed by the Independent Association of Physicians against the Ministry of Health and sent to the Tverskoy District Court of the capital.In other countries, similar displays of civic engagement are more successful.
‘The League for Human Rights in Belgium’ succeeded in obtaining a court order to repeal a number of measures against COVID-19 as contrary to the constitutional law of the state.
Last week, on the initiative of ‘Our Good Law’ organization, a Belgian court recognized the COVID-passes introduced by the decision of local authorities unconstitutional and demanded that they should be canceled. 10.12.2021
