On 23 March 2022, the Supreme Court of the Russian Federation (case No. 5-АД21-93-К2), overturned a judgment issued by the Moscow court that sentenced the applicant to pay a fine for violating the emergency rules. In particular, the man was found guilty by the court of first instance for having violated the mayor of Moscow’s Order No. 12-УМ of 5 March 2020 which set the maximum alert regime for the containment of the pandemic, for not wearing a mask on the Moscow metro.
However, since the aforementioned Order was canceled on 14 March 2022, the administrative offense also lapsed. The Court stated that “If the act regulating the maximum alert regime has been revoked or any of its provisions are excluded, this may be grounds for terminating the proceedings under Article 20.61 of the Russian Administrative Offenses Code”. Furthermore, the Court recalled Article 54 of the Russian Constitution: “no one can take responsibility of an act that was not considered a crime when it was committed, or if after the violation of the law, the liability is decriminalized, in which case the new law is applied”.