Experts assessed the prospects for a lawsuit against the head of Bashkiria on anti-COVID measures

A collective lawsuit by citizens against the HEAD of Bashkiria, Radiy Khabirov, demanding that the provisions of the decree on high alert be declared illegal has little chance of success. This was reported to RBC Ufa by interviewed lawyers.

Vadim Klyuvgant, a partner at the Pen & Paper Bar Association, says that there are few examples in Russian and international practice when courts decide to cancel certain regulations on claims from citizens.

“Until now, we have not heard of such claims satisfied by the courts of any countries. This is not surprising: when resolving such claims, in addition to the usual substantive and procedural criteria, the correct balance of values ​​protected by the constitution and the law is assessed - on the one hand, the right of everyone to freedom of movement and choice of their own behavior, on the other hand, the right of everyone to life and HEALTH protection, and that means public safety considerations, and the measures taken to ensure these values, their proportionality and sufficiency. At the same time, there is a fundamental constitutional provision that the exercise by someone of individual rights and freedoms should not pose a threat to the rights and freedoms of other people, ”says Klyuvgant.

According to the lawyer, the ECtHR spoke in the same spirit when considering a similar complaint.

Dmitry Tomko, head of the practice of housing law and social legal relations of the national legal service "Amulex.ru", points out that an administrative plaintiff must comply with at least two rules in order for the case to have at least some chance of success. First, the claim must comply with the requirements of the Code of Administrative Procedure of the Russian Federation. Secondly, it must be accompanied by evidence in support of the arguments.