Perm lawyer explained the "legality" of mandatory vaccination

In Perm, a number of institutions refuse to comply with anti-COVID measures introduced by the regional Rospotrebnadzor, including a decree on mandatory vaccination of employees in certain areas and checking QR codes. Their main argument is the inconsistency with the federal law, as well as the Constitution of the Russian Federation. RBC Perm expert Kirill Nessonov, a lawyer at NKS Consult, explained why this argument is not applicable in this situation. In his opinion, the whole point is in the incorrect interpretation of Article 21 of the Constitution of the Russian Federation and the division of powers in the legislation.

“Firstly, there is the 1966 International Covenant on Economic, Social and Cultural Rights (which was ratified by the USSR). So, part 2 of Art. 12 of the Covenant obliges the participating countries to take the measures necessary for the "prevention, treatment and control of epidemic diseases." Therefore, each state that has ratified this pact is taking appropriate measures to combat the pandemic. Secondly, there is a separation of powers in the legislation. As for the issues of ensuring public HEALTH, which include vaccination, these are the powers of Rospotrebnadzor and in some cases you can see the recommendations of the Ministry of Labor. Many pay attention that in the basic law of the Russian Federation there is no such word as "vaccination" or "vaccination". And if there is no this word and its legal definition, there is no reason to refer to the Constitution. Very often they refer to Article 21 of the Constitution, which says: “no one can be subjected to medical, scientific or other experiments without voluntary consent.” How do our people think? “If you force me to give this vaccine, then you are putting medical experiments on me!” Some people interpret it this way,” the lawyer explained.

According to the lawyer of NKS Consult, the legal issues of vaccination are now given to Rospotrebnadzor, or rather its territorial bodies. In our case, this is the Office of Rospotrebnadzor for the Perm Territory, but the letters and resolutions of this department have an ambiguous reaction from the population.

“All powers regarding vaccination have now been given to Rospotrebnadzor, and often letters from Rospotrebnadzor have: de facto disrespect for the entire population due to right-wing nihilism on the part of citizens, de jure not the highest legal force. But it turns out that the issue of vaccination in the region is completely given to the Chief State Sanitary DOCTOR for the Perm Territory. It is the decisions of Rospotrebnadzor that are decisive in matters of vaccination. The decrees of the department are legal on the territory of the subject of the Russian Federation,” said Kirill Nessonov.

However, there is some misunderstanding about the vaccination process. According to the expert, the situation with misunderstanding is due to the fact that earlier decisions on vaccination were made by the Ministry of Health, which also approved the schedule of preventive vaccinations, and not by the Chief Sanitary Doctor.