Bagrationovskiy proezd, 7, blk 11, Moscow 121087, Russia
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On the introduction of high availability.
18 days ago
Attendance at public events, in particular football and hockey matches, is limited until April 10. The editors of FansHotline24 turned for comment to the leading brist of the European Legal Service Erdni Zambuev.
Clause 1 of the decree of the Mayor of Moscow dated 05.03.2020 No. 12-UM on the territory of the city of Moscow introduced a high alert mode.
According to clause 28 of the Regulation on the unified state system for the prevention and elimination of emergency situations (approved by Decree of the Government of the Russian Federation of December 30, 2003 N 794), when the introduction of the high-readiness regime, the management bodies take prompt measures to prevent the occurrence and development of emergency situations, reduce the amount of damage and losses in case of their occurrence, as well as increasing the stability and security of the functioning of organizations in emergency situations.
Challenging a normative legal act is a way of protecting the rights and freedoms of citizens and is carried out in accordance with the norms of the Code of Administrative Procedure of the Russian Federation (hereinafter - CAS RF).
So, according to Art. 20 CAS RF court of a city of federal significance (that is, in our case, the Moscow city court) considers as a court of first instance administrative cases challenging regulatory legal acts of state authorities of Moscow, representative bodies of municipalities.
Thus, to challenge the decree of the Moscow Mayor, an administrative statement of claim must be filed with the Moscow City Court.
According to Art. 1 of the Federal Law of December 21, 1994 N 68-ФЗ "On the Protection of the Population and Territories from Natural and Technogenic Emergencies" an emergency is a situation in a certain territory that has developed as a result of an accident, natural hazard, catastrophe, natural or other disaster, which may result in or have caused human casualties, damage to human health or the environment, significant material losses and violation of human living conditions.
In accordance with Art. 4.1 of this law when introducing an emergency regime, depending on the classification of emergencies, as well as other factors affecting the safety of the population and requiring additional measures to protect the population and territories from an emergency, the regional level of response is established by decision of the highest official of the Russian Federation Federation (in our case - the mayor of Moscow) in the event of an emergency of a regional or intermunicipal nature.
The decision to introduce an emergency regime in Moscow has not yet been taken.
However, earlier in the media (with reference to a document dated February 27 signed by the deputy mayor of Moscow on social issues and the head of the headquarters for the fight against coronavirus in the capital Anastasia Rakova) it was reported that the Moscow mayor’s office developed a plan of measures to combat coronavirus in three scenarios: “A "," B "and the emergency mode.
In the event of the introduction of an emergency mode, it is planned to close all enterprises and organizations of the city, except for those that are responsible for life support (utilities, medical organizations, law enforcement and emergency services). Public transport will stop working, a ban will be introduced on entry and exit from Moscow. A curfew will be imposed (citizens will not be allowed to go outside without special permission), and police officers and troops of the National Guard of the Russian Federation will patrol the streets.
According to Art. 32 of the Law of the Russian Federation of 07.02.1992 N 2300-1 "On the Protection of Consumer Rights", the consumer has the right to refuse to execute the contract for the performance of work (provision of services) at any time, provided that the contractor pays the expenses actually incurred by him related to the fulfillment of obligations under this contract.
Similar rules are contained in Art. 782 of the Civil Code of the Russian Federation: the customer has the right to refuse to execute the contract for the provision of services on a condition that the contractor pays the expenses actually incurred by him.
Thus, fans have the opportunity to receive money for unused matches for matches.
As for filing a claim for damages to the authorities of the city of Moscow, the situation here is more complicated.
According to Art. 1069 of the Civil Code of the Russian Federation, damage caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local authorities or officials of these bodies, including as a result of the publication of an act of a state body or local government that does not comply with the law or other legal act, refundable. The damage shall be compensated at the expense of the treasury of the Russian Federation, the treasury of the constituent entity of the Russian Federation, or the treasury of the municipality, respectively.
Therefore, to compensate for the damage at the expense of the treasury of the city of Moscow, it is necessary that the decree of the Mayor of Moscow dated 05.03.2020, No. 12-UM, be recognized by the decision of the Moscow City Court as not complying with the law.