Due to the active spread of coronavirus infections, Russian authorities at both the federal and regional level are taking a number of significant measures to ensure the self-isolation of citizens. These measures include increasing the liability for violations of legislation intended to prevent the spread of coronavirus.
Tougher criminal liability for violations of sanitary and epidemiological rules
On 1 April 2020, Federal Law 100-FZ was adopted, which steps up enforcement of the government’s existing sanitary and epidemiological rules in the following ways.
First, criminal liability for violation of sanitary and epidemiological rules now applies not only to violations that actually cause serious disease or poisoning through negligence, but also to creating a threat of such consequences. This means that for criminal prosecution, an outbreak of a mass disease or poisoning is no longer required; the threat of their onset is sufficient. This legislation is intended to facilitate criminal prosecution under existing law (which has not been used very often up to now, due to the difficulty in proving that an outbreak was the result of violation of sanitary rules by a specific individual).
Second, the fines that can be imposed for violations have been increased. Previously, the maximum fine was RUB 80,000; according to the new law, the fines now range from RUB 500,000 to 700,000, as well as imprisonment for up to two years. In addition, a fine of up to RUB 2 million per violation can be imposed if it caused the death of an individual. And a new element was introduced: if a violation causes the death of two or more persons, it carries the possibility of imprisonment for five to seven years.
Furthermore, the law criminalizes the public dissemination of deliberately false information about circumstances posing a threat to the lives and safety of citizens. It also criminalizes dissemination of deliberately false information about measures taken to ensure public safety. This allows for prosecution of anyone who disseminates false information about coronavirus.
Administrative liability for violations of sanitary and epidemiological rules
On 1 April 2020, Federal Law No. 99-FZ was also adopted, amending the existing code regarding administrative liability for violations of legislation protecting the sanitary and epidemiological welfare of the population. These amendments introduce new qualifying events, namely committing violations during a state of emergency, an epidemic, or a period of quarantine. Non-compliance with sanitation and epidemic control regulations is also a qualifying event.
Such a violation will result in a fine for legal entities of up to RUB 500,000 or suspension of activities for up to 90 days. However, if such a violation causes harm to human health or death, the fine will be increased up to RUB 1 million. Employers and their officials who fail to comply with the measures taken in connection with coronavirus may incur liability under this article. That is, non-compliance with restrictive measures such as quarantine could be deemed such a violation.
Given that the Chief State Sanitary Officer of the Russian Federation has adopted a resolution mandating a self-isolation regime for persons arriving from countries with an unfavorable situation, the article may also cover non-compliance with the regime of self-isolation or the failure to provide employees with the resources necessary to self-isolate.
The new law also outlines liability for non-compliance during a state of high alert or in an emergency zone. Such an offence will be punished by a fine for legal entities of up to RUB 300,000. In the event of harm to human health or property, or repeated non-compliance, legal entities are liable for a fine of up to RUB 1 million or suspension of activities for up to 90 days.
In the present circumstances, this rule can be used to prosecute individuals and legal entities, including employers and their representatives. The difference between this new rule and the existing law is that liability applies to violations during a time of high alert, rather than for the usual sanitary and epidemiological rule violations. Of note, the grounds for prosecution may include violations of the Moscow Mayor’s Decrees of 5 March and 29 March 2020 and other similar acts of the Russian Federation, which introduced the high-alert regime.
This law also introduced new provisions for administrative liability regarding dissemination of knowingly inaccurate information about circumstances that pose a threat to public safety or the measures taken to ensure public safety.
Administrative liability for violation of the high-alert isolation regime
On 1 April 2020, the Moscow City Duma passed a law aimed at ensuring a high-alert isolation regime by holding violators liable.
This law, in effect, provides for special administrative powers that can be applied if actions or inaction by the offender would not otherwise qualify as a crime. For example, this law provides the authority for officials to detain a vehicle, if the self-isolation regime is violated through the use of a vehicle.