Deciding body (English)
Deciding body (Original)
Type of body
Type of Court (material scope)
Type of jurisdiction
Type of Court (territorial scope)
Further areas addressed
- Freedom of movement of people
- Healthcare management (Covid related, excluding vaccination)
An individual (Plaintiff) lodged a complaint against the decisions of the lower Courts with the Supreme Court of the Russian Federation, asking for annulment and termination of the proceedings.
During the proceedings of the 1st instance Court it was established that the Plaintiff was behind the turnstiles in the lobby of a metro station without a personal protective device. The Plaintiff stated that she did not use the subway as a means of transportation. The Plaintiff was found guilty of not wearing a protective mask in the Moscow underground under Art. 3.18.1(part 4) of the Moscow City Code of Administrative Offenses and penalized by a fine.
The Court decisions were reviewed by the Supreme Court of the Russian Federation that terminated the proceeding and set aside the decisions of the lower Courts as the legal act which was used as the grounds for issuance of the administrative offense was annulled.
Facts of the case
An administrative offense was confirmed by the Court of 1st instance. However, the appellate Court changed the decision: the Plaintiff was found guilty under Art. 3.18.1(part 2), and the amount of the fine was reduced from RUB 5000 to RUB 4000, as the actions taken by the Plaintiff were not related to the use of a vehicle. The Cassation court Confirmed the appellate court's decision.
Type of measure challenged
Measures, actions, remedies claimed
Individual / collective enforcement
Nature of the parties
Type of procedure
Reasoning of the deciding body
The Court confirmed that according to the Order issued by the Mayor of the city of Moscow (No. 12-УМ of March 5, 2020) on the introduction of a high alert regime in the city of Moscow, the citizens inter alia were obliged to use protection devices (masks and gloves) in public transport, taxi, and shopping centers; it was stated that the restrictive measures were violated by the Plaintiff.
Furthermore, the Court confirmed that in accordance with Art. 54 of the Russian Constitution "no one may bear responsibility for the action which was not regarded as a crime when it was committed. If after violating the law the responsibility for that is eliminated or mitigated, a new law shall be applied." Referring to Art. 1.7(2) of the Russian Code of Administrative Offenses, the Court stated that the law, mitigating or abolishing administrative liability for an administrative offense or improving the position of a person who has committed such an offense has a retroactive effect; it applies to a person who has committed an offense before the law entered into force and against whom an administrative order or decision was not executed. It was confirmed that proceedings on the administrative offense should be terminated provided that the law that envisaged the administrative offense was no longer in force. (Art. 24.5(1) para 5 of the Russian Code of the Administrative Offences).
The Court pointed out that subsequent orders issued by the Mayor of the city of Moscow (No. 68-УМ of June 8, 2020 and No. 14-УМ of March 14, 2022) abolished restrictive measures envisaged by Order No.12-УМ; and an execution of the administrative fine was not confirmed.
Based on the above the Court concluded that the administrative proceeding should be terminated. The Court noted that such a position was in compliance with the legal position expressed in the Court's Clarification of the application of Covid-19 legislation No. 3 (clause 22) issued on February 17, 2021.
Conclusions of the deciding body
The Court terminated proceedings and set aside the decisions of the lower Courts.
Fundamental Right(s) involved
- Freedom of movement of people, goods and capital
- Right to access to justice, to a fair trial and to jury trial
Rights and freedoms specifically identified as (possibly) conflicting with the right to health
The Court referred to Art. 54 of the Russian Constitution "no one may bear responsibility for an action which was not regarded as a crime when it was committed. If, after violating law, the responsibility for that is eliminated or mitigated, a new law shall be applied."