Latest updates Moscow Decrees regarding coronavirus

New Moscow Mayor’s Decree as of March 25, 2020

On March 25th the Moscow Mayor has issued an addition extending restrictive measures on personal attendance of people at public places without limitations of their number (previously – maximum 50 people could gather). The list of such public places is open and includes, for instance, the following:

  • State libraries, culture centers
  • Shopping and leisure centers
  • Entertainment infrastructure (such as cinemas and night clubs etc.)
  • Kids entertainment centers and game rooms, etc.

The decree also suspends the deployment of any mass cultural, entertainment and any other kinds of leisure events.

The new restrictions include also the following:

  • Limitation to attend state service centers in cases when such attendance is the only option for rendering state services with a preliminary registering of visitors;
  • Visit of dentists is permitted only in emergency situations;

 

Moscow Mayor Decree of March 23, 2020

The main updates are as follows:

  • All citizens from 65 years of age as well as those, who have pre-existing conditions (the “Citizens”), must be self-isolated from March 26 until April 14, 2020 (regardless of their visit of foreign countries).

The self-isolation regime may not apply to the management of companies and employees of the enterprises, organizations, authorities and the state bodies whose presence at work is critical to ensure their functioning. The same exception applies to the workforce of the healthcare system as well as those persons, who are determined by the Moscow headquarter on arrangements for prevention of the coronavirus spreading. However, this decree does not specify, which concrete persons are not subject to limitations.

  • The Citizens can obtain a temporary disability certificates for payment of the state social allowance without need to visit medical institutions for the whole period of self-isolation.
  • The Citizens will receive one-time social payment in amount of RUR 2,000 after the beginning of self-isolation regime plus one-time social payment in amount of RUR 2,000 once the self-isolation expires, unless they have systematic breaches of this regime. Based on the information from the Hotline indicated the Moscow Major Decree (the “Hotline“), the first increment is paid within 3 days from the start of the self-isolation on the effective social support or pension accounts. The second part – after April 14, 2020, without specification of the term for payment.
  • The Citizens are not subject to penalization or fining by housing and utilities service providers and telecom providers within the self-isolation period for late payment for the relevant services;
  • The employer must keep the Citizens out of their workplaces and the company’s territory. Moreover, it is the company’s obligation to transfer the Citizens to a remote work or provide them with an annual paid leave, but subject to their consent.
  • Under the Decree’s update as of March 25, 2020 the Citizens are currently also temporarily restricted from free-of-charge or beneficial using of public transportation system by validating the individual social cards.

Conflict between Moscow Major Decree and  Decree of Russian Chief Sanitary Officer

According to the Moscow Major Decree those employees, who returned from countries with an unfavorable corona virus infection situation (49 countries) have to self-isolate for at least 14 calendar days.

According to a Decree of the Chief Sanitary Officer of the Russian Federation of March 19, 2020 (“Sanitary Officer Decree”), however, anyone returning from abroad to Russia (regardless which country) needs to self-isolate for 14 calendar days.

According to information received from the official Hotline and from mass media, this apparent conflict with the Sanitary Officer Decree is resolved in a way that Moscow authorities issue medical certificates only for persons returning from the countries indicated in the Moscow Major Decree. Whoever returns from another country needs to find a mutual agreement with his/her employer on being exempted from physical attendance at work. This is an obvious dilemma between mandatory self-isolation at home according to the Sanitary Officer Decree and the obligation to show up at work according to employment relations (if such employee has not been transferred yet to a remote work regime).

Important to know

  1. As we informed previously, the state migration authorities remain prolongation of work permits, issuance patents and extension of visas for foreigners legally staying in Russia. Right now the State Duma considering the draft law to fix it on a federal law level (draft law No. 926856-7).
  2. On March 20, 2020 the Government of the Russian Federation published the Order No. 685-r with amendments to the Order of the Government of the Russian Federation No. 635 as of March 17, 2020.

Citizens of CIS countries, Republic of Abkhazia and Republic of South Osetia can freely come to Russia and leave it through air checkpoints and other checkpoints while going to their countries of citizenship by other means of transportation.

  1. The Ministry of Justice, the Ministry of Internal Affairs and the Ministry of Economy are on the process of consideration of proposals on toughening administrative liability for violation of quarantine in connection with the spread of the coronavirus. Additionally Russian state Duma is currently considering a law increasing the criminal penalties for violation of sanitary and epidemiological rules, which can caused mass infection or deaths from COVID 19. The Duma suggested increasing criminal fines up to RUB 2 mln. or imprisonment for up to 5-7 years depending on the subject of crime.

The State Duma also proposed more severe criminal penalties, if a non-isolation of the affected person leads to a threat of mass infection and/or death of people, the penalty maybe up to 5-year freedom’s limitation. If such violation leads to death of two or more people – imprisonment of up to 7 years.

 

New constraints regarding judicial bodies from March 19, 2020:

  • Suspended reception of documents from citizens in person. Litigation documents can be submitted to the court by post, through the personal account on the courts information portals or through Electronic Reception on the websites of the courts.
  • Only categories of cases of an urgent nature shall be considered (on the applying, prolongation, vacating or change of a measure of restraint, on the protection of the interests of a minor or a person who has been declared legally incapable, in case of refusal by the legal representative of medical treatment necessary to save a life, and others), as well as by writ and simplified proceedings, including:
  • administrative sanction cases;
  • separate disputes in insolvency (bankruptcy) cases regarding the payment from the bankruptcy assets of the debtor of funds required for a citizen debtor and his encumbrance due to their health condition, objectively in need of expensive medication and medical services;
  • injunction application or their discharge;
  • cases, applications and materials conducted in accordance with the requirements of the current procedural legislation without presence of the parties;
  • jury trials scheduled for the period up to April 10, in case candidates appear in court.

 

The courts are currently postponing the hearings to the substantial extend in all other categories of cases scheduled for the period up to April 10, 2020.

  • If technically possible, cases are conducted by the court via video conference.
  • Familiarization with case materials, issuance of copies of judicial acts and other documents is not performed.
  • When visiting the court on a strictly scheduled date and time, a person shall have personal protective equipment (disposable medical mask / respirator and rubber gloves).

Contact us

Alex Stolarsky
Partner, Rechtsanwalt, Legal & Compliance, Moscow
+7 / 495 / 956 55 57
Denis Bushnev
Legal Team Leader, Labor and Migration Law
+7 / 495 / 956 55 57

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