Transformation of Russian administrative and criminal legislation in the context of the novel coronavirus (COVID-19) outbreak

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Introduction: The relevance of the chosen topic is caused by the changes in the current Russian administrative and criminal legislation in connection with the spread of a new coronavirus disease. Based on concrete examples, the authors confirm that in various constituent entities of the Russian Federation there is a diverse practice of applying such norms, which leads to the absence of a uniform application of the law. The purpose of the study is to analyse the legislative innovations and develop scientifically grounded regulations to improve the existing legislation and law enforcement practices in countering violations in the area of provision of sanitary and epidemiological well-being of population. Materials and Methods: the main method of research was the dialectical-materialistic method of knowledge used for objectively and comprehensively considering the problems of legal assessment of offences in the area of ensuring sanitary and epidemiological well-being of population. Along with it, general scientific research methods were used: analysis, synthesis, deduction, induction, abstraction; and special research methods were used: formal legal, interviewing. The Results of the Study: they revealed that the restrictive measures introduced in the territories of the subjects actually violate the provisions of the Constitution of the Russian Federation, violating the principle of restricting human rights only by federal law. In addition, the changes in criminal and administrative legislation in a time of the pandemic should be considered a bit inconsistent and hasty, which led to competition between criminal law and administrative rules. Findings and Conclusions: it was established that the restrictive measures taken in connection with the critical epidemiological situation in the country and the world do not justify the fact that the normative provisions of the Constitution of the Russian Federation are largely ignored. The authors conduct a detailed critical analysis of the administrative offences and crimes in the area of sanitary and epidemiological well-being of population, and investigate the most important issues pertaining to law enforcement. Measures to improve the current legislation and practice of its application are proposed.

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Crimes against public health, violation of sanitary and epidemiological rules, coronavirus disease, socially significant information, circumstances that pose a threat to the life and safety of citizens

Короткий адрес: https://sciup.org/143173233

IDR: 143173233   |   DOI: 10.24411/2312-3184-2020-10072

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