Some Problematic Issues in the Implementation of Legal Policy in the

Field of Epidemiological Safety (on the Example of COVID-19)

Alexey G. Samusevich

, Valentina N. Shutova

and Peter A. Sterkhov

Irkutsk National Research Technical University, Irkutsk, Russia

Irkutsk Institute (branch) the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Russia

Keywords: legal policy, epidemiological safety, coronavirus infection, COVID-19, epidemiological prohibitions, and

restrictions.

Abstract: Within this article, the authors reflect on the organization of legal policy in the mechanism of countering the

COVID-19 coronavirus infection. Examples of the implementation of such a policy in various countries of

the world are given. The definition and essential signs of epidemiological safety are identified. The problem

is that such a definition is currently not stated in legislation. Various approaches to the establishment of

restrictions and prohibitions in the constituent entities of the Russian Federation are analyzed (on the example

of the Siberian regions). The authors come to the conclusion that the legal framework regulating the

epidemiological safety of the country is characterized by fragmentation and inconsistency, which, of course,

significantly complicates the process of law enforcement. It is also noted that it is important to ensure

terminological uniformity when improving the regulatory framework of public policy during pandemic, which

is currently absent.

1 INTRODUCTION

Currently, the state's legal policy in the field of

ensuring epidemiological safety, in particular, in the

field of combating the COVID-19 coronavirus

infection, requires more and more scientific

understanding for effective implementation. The

relevance of legal research in this field is due to the

fact that it is this policy that has a significant impact

on the functioning of almost all areas of the life of the

people of a particular country. Some foreign authors

write: "Coherent public policy often balances

between retaliation (punishment-based) and

assistance measures (solidarity-based) to encourage

responsible behavior. However, the uncontrolled

spread of the disease has divided public opinion about

which interventions are best and has led to significant

group inequalities in behavior, potentially

exacerbating intergroup relationships, raising the

emotions and undermining coordinated international

response measures" (Van Assche, J; Politi, E; Van

Dessel, P; Phalet, K, 2020).

https://orcid.org/ 0000-0003-0845-1343

https://orcid.org/ 0000-0003-0899-2596

https://orcid.org/ 0000-0003-0489-4462

It is also worth noting that the history of the

formation and development of legislation in this area

is currently practically not the subject of special

research on the part of lawyers, except for the

traditional attention to some prohibitions and

restrictions. An analysis of domestic and foreign

literature shows that the authors mainly pay attention

to the measures that the respective states have taken

in connection with the threat of the spread of such an

infection.

It should be kept in mind that the legal policy of

the state in this area can be an effective way to combat

coronavirus infection if it qualitatively regulates

public relations that arise in countering the spread of

coronavirus infection. This, first of all, depends on the

high quality of regulations and management acts that

will be adopted and implemented. Whether they

adequately meet the threats posed by COVID-19.

Evidently, any legislative error that can be made in

these acts can cause irreparable damage.

In this regard, the relevance of this study is due to

the fact that it allows assessing the measures taken by

the state in the field of prevention of the spread of

114

Samusevich, A., Shutova, V. and Sterkhov, P.

Some Problematic Issues in the Implementation of Legal Policy in the Field of Epidemiological Safety (on the Example of COVID-19).

DOI: 10.5220/0010662800003224

In Proceedings of the 1st International Scientiﬁc Forum on Jurisprudence (WFLAW 2021), pages 114-119

ISBN: 978-989-758-598-2

COVID-19 coronavirus infection, in particular in

Russia and in the regions.

2 RESEARCH METHODOLOGY

The research methodology is due to the specifics of

the legal regulation of the mechanism for preventing

the spread of COVID-19 coronavirus infection. A

complex of general scientific (dialectical, analysis

and synthesis, systemic and structural approach) and

special methods of cognition was used for this work.

The formal legal method is justified by the need to

analyze the provisions of normative legal acts

regulating various aspects of the mechanism under

consideration. The comparative legal method made it

possible to compare the tendencies of legal regulation

of the studied field in foreign countries, to identify

general and specific features, and also to determine

the directions of development of Russian legislation.

A statistical method was also used, involving the

comparison of qualitative indicators in this field.

3 RESEARCH RESULTS

It can be noted that the legal policy of the state in one

area or another allows you to effectively achieve the

set goals, justifying the relevance of the topic

presented. It is worth saying that the authors of this

article within the framework of various scientific

conferences have repeatedly presented their reports

lately on the problematic issues of the implementation

of state policy in the field of preventing the new

coronavirus infection (COVID-19). (Samusevich

A.G., 2020).

In this regard, the question arises quite logically:

what is the relationship between legal means and

methods in the mechanism of preventing the spread

of coronavirus infection?

Let us briefly describe the essence of legal policy

and epidemiological safety to answer this question.

In the context of the COVID-19 pandemic, the

issues of ensuring the epidemiological safety of the

population are of particular relevance. The practice

has shown that the regulatory framework in this area

of security is not fully formed, and is characterized by

fragmentation and contradictions.

The issues of implementation of the state policy

to ensure the sanitary and epidemiological well-being

of the population at the federal and regional levels

also deserve special attention. In addition, it should

be noted that foreign authors also paid attention to the

implementation of state policy in the matter of

preventing coronavirus infection. Thus, for example,

the government of Mongolia activated the State

Committee for Emergency Situations in January 2020

based on the 2017 Law on Protection from Natural

Disasters. As a result, various public health measures

have been taken that have delayed the first confirmed

case of COVID-19 until March 10, 2020 and without

admission to intensive care or death until July 6,

2020. These measures included the promotion of

universal personal protection and preventive

measures such as the use of face masks and hand

washing, restricting international travel, suspending

all educational and pedagogic activities from

kindergartens to universities, and prohibiting major

social events such as the National New Year

celebrations. These measures were accompanied by

active infection surveillance and self-isolation

guidelines (Erkhembayar, Ryenchindorj; Dickinson,

Emma; Badarch, Darmaa; Narula, Indermohan;

Thomas, Graham Neil; Ochir, Chimedsuren;

Manaseki-Holland, Semira, 2020).

Another example is the management of the

coronavirus crisis in Germany. The first reaction of

the German execution authority was the rapid

concentration of decision-making power at the top of

the political hierarchy. Approving the prerogatives of

the executive power included a radical simplification

of the relationship between politics, law, and science.

State actors took extraordinary measures, resorting to

a single piece of legislation, the Infections Protection

Act (Infektionsschutzgesetz), which took precedence

over other elements of the legal order (Dostal, JM ,

2020).

Nevertheless, let us focus on the organization of

the legal policy of ensuring epidemiological safety in

Russia, both at the federal and regional levels.

It should be said that it is important to ensure

terminological uniformity when improving the

regulatory framework of public policy during

pandemic, which is currently absent.

For example, the Federal Law of March 30, 1999,

No. 52-FZ "On the Sanitary and Epidemiological

Well-Being of the Population" contains a definition

of the sanitary and epidemiological well-being of the

population, which means "the state of health of the

population, the human environment, in which there is

no harmful effect of environmental factors on man

and favorable conditions for his life are provided". At

the same time, there is currently no legal definition of

the term "epidemiological safety".

When studying the question posed, it seems that

one can agree with the position of domestic authors,

who note that the sanitary and epidemiological well-

Some Problematic Issues in the Implementation of Legal Policy in the Field of Epidemiological Safety (on the Example of COVID-19)

115

being of the population is covered by the concepts of

"safety" and "national safety" (Anikina S.B.,

Permyakova A.I., 2020).

In turn, the analysis of the National Security

Strategy of the Russian Federation (hereinafter - the

"Strategy") indirectly confirms the relationship

between these categories. When listing the types of

safety, epidemiological safety is not mentioned, but

the list remains open, and clause 23 of the Strategy

emphasizes that epidemics are spreading in the world,

many of which are caused by new, previously

unknown viruses.

Thus, the emergence of epidemics and pandemics

is qualified as threat to the national security of Russia

in the field of protecting the health of citizens.

Therefore, in its most general form, epidemiological

safety can be defined as the state of protection of the

population and the environment from the harmful

effects of biological and other factors that can have a

negative impact on human health.

On December 30, 2020, during the pandemic,

Federal Law No. 492-FZ "On Biological Safety in the

Russian Federation" was adopted, which consolidated

its own conceptual apparatus. In this law, biological

safety is understood as "the state of protection of the

population and the environment from the effects of

hazardous biological factors, at which an acceptable

level of biological risk is ensured".

The question arises, how are the concepts of

“sanitary and epidemiological well-being of the

population”, “epidemiological safety” and

“biological safety” related?

It seems that the first term has the broadest

meaning, since it assumes the absence of harmful

effects on humans, not only biological, but also other

factors of the environment. Biological safety suggests

the protection of the population and the environment

from biological factors only.

Scientific research emphasizes the importance

and timeliness of the adoption of the Federal Law "On

Biological Safety in the Russian Federation"

(Romanovsky G.B., 2021).

Meanwhile, law enforcement is significantly

complicated under the conditions of several federal

laws regulating various aspects of ensuring

epidemiological or biological safety and are not fully

coordinated with each other. Thus, to eliminate

threats to the sanitary and epidemiological well-being

of the population during a pandemic, the following

laws are involved: the Federal Law "On the

Protection of the Population and Territories from

Natural and Technogenic Emergencies", the Federal

Law "On the Sanitary and Epidemiological Well-

Being of the Population" and the Federal Law "On

Biological safety in the Russian Federation”.

Along with federal laws in this area, there are a

large number of bylaws - decrees of the President of

the Russian Federation and decrees of the

Government of the Russian Federation. All of this

testifies to the absence of a unified coordinated

approach to the issue of legal regulation of

epidemiological safety.

The abovementioned regulatory legal acts are of

the federal level only. Meanwhile, restrictive

measures during the pandemic were introduced in the

regions on the basis of decrees of senior officials of

the constituent entities of the Russian Federation. In

this regard, the issue of delimiting authority in the

field of ensuring biological and epidemiological

safety is also important.

In accordance with clause "з" of Article 72 of the

Constitution of the Russian Federation, the

implementation of measures to combat catastrophes,

natural disasters, epidemics, and the elimination of

their consequences is under the joint jurisdiction of

the Russian Federation and its constituent entities.

This provision assumes that when threats arise in the

field of sanitary and epidemiological well-being, a

complex of regulatory legal acts of the federal,

regional and municipal levels is adopted (Anikin

S.B., Permyakov A.I., 2020).

Having considered some theoretical aspects of

legal policy in the field of ensuring epidemiological

safety, let's move on to the issue of organizing

measures to prevent coronavirus infection at the

regional level. In this regard, it should be noted that

with the tendency towards centralization in the

executive power system, which is typical of the

Russian model of federalism, a serious problem arose

in the context of a pandemic, consisting in the

concentration of almost the entire scope of authority

at the federal level.

Federal Law No. 98-FZ of April 01, 2020 "On

Amendments to Certain Legislative Acts of the

Russian Federation on the Prevention and

Elimination of Emergencies" granted the state

authorities of the constituent entities of the Russian

Federation the right to establish rules of conduct that

are binding on citizens and organizations when

introducing a high-alert mode or emergency.

In turn, the Decree of the President of the Russian

Federation of April 02, 2020, No. 239 "On Measures

to Ensure the Sanitary and Epidemiological Well-

Being of the Population in the Territory of the

Russian Federation due to the Spread of a New

Coronavirus Infection (COVID-19)" unified this

practice: it was ordered to the heads of the subjects of

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the Russian Federation to introduce restrictive

measures on the movement of citizens and the work

of organizations to ensure epidemiological safety.

According to the stated problems of the presented

materials, it seems interesting to analyze the

restrictive measures that were introduced in

connection with the spread of coronavirus infection in

Siberia, namely: Irkutsk Region, Krasnoyarsk

Territory, Republic of Buryatia, and Republic of

Sakha (Yakutia).

Initially, let us note that taking into account the

sanitary and epidemiological situation, as well as the

peculiarities of the spread of coronavirus, restrictive

and other measures were independently developed in

the constituent entities of the Russian Federation.

Comparison of restrictive measures is proposed to

start with the Irkutsk Region. An important regional

legal act, in accordance with which the tasks of

preventing the spread of coronavirus infection in the

territory of the subject are being solved, was the

Decree of the Governor of the Irkutsk Region dated

March 18, 2020, No. 59-ug "On the Introduction of a

High Alert Mode of Operation for the Territorial

Subsystem of the Irkutsk Region of the Unified State

System for the Prevention and Elimination of

Emergencies". Currently, this legal act has ceased to

be in force, and the Decree of the Governor of the

Irkutsk Region No. 279-ug "On the Functioning of

High Alert Mode for the Territorial Subsystem of the

Irkutsk Region of a Unified System for the Prevention

and Elimination of Emergencies" was issued on

October 12, 2020. As it seems, it is necessary to focus

on the following provisions of this decree with regard

to restrictive measures against individuals (citizens):

1) the duty of everyone living in the Irkutsk Region,

as well as those temporarily on its territory, to

immediately call a doctor (and this must be done

when signs of ARVI appear; 2) the use of personal

respiratory protection when visiting stores,

organizations whose activities have not been

suspended; 3) in the event of testing for COVID-19,

the obligation to notify consent or disagreement to

exchange information about the testing performed

between such entities as an employer, educational

organization, medical organization,

Rospotrebnadzor. It is noted that during testing, it is

necessary to report on those persons with whom the

sick citizen was in contact. It is also important that if

the person who passed the test for COVID-19

received a positive test result, then such a person is

obliged to notify the employer about the presence of

coronavirus infection. If an infected person is

studying in educational institutions on a full-time

basis, then they must also notify this educational

organization; 4) persons from 65 years of age and

older, as well as persons who suffer from diseases of

the cardiovascular, bronchopulmonary nature, and

diseases related to endocrinology are recommended

to visit trade organizations in the period from 09.00

AM up to 11.00 AM.

It should be said that at the initial stage of the

implementation of epidemiological safety measures

in the region, there was a rule according to which

citizens arriving in the Irkutsk Region from Moscow

or the Republic of Sakha (Yakutia) had to fulfill the

isolation requirements for a period of 14 days. In

addition, there was a restriction according to which

those persons who arrived in the territory of the

Irkutsk Region from other constituent entities of the

Russian Federation by road must have a digital pass.

To date, some of the restrictions have been canceled

on the territory of the Irkutsk Region, including the

self-isolation, but the face-mask requirements are still

in effect.

When it comes to the Krasnoyarsk Territory, it is

worth noting that the main regulatory source,

according to which such measures are consolidated,

is the Resolution of the Government of the

Krasnoyarsk Territory No. 188 dated April 01, 2020,

No. 188-p "On Approval of the Procedure for

Establishing and Compliance with Prescriptions and

Restrictions by Citizens of the Self-Isolation During

the Period of the Spread of Coronavirus Infection

(2019-nCoV) in the Krasnoyarsk Territory". Thus,

various restrictions and prohibitions were applied to

citizens located in the specified region, which were

more or less strict depending on the sanitary and

epidemiological situation. But, ultimately, they

consisted in the need to be at the place of their

residence or stay in order to comply with the self-

isolation regime. However, there were exceptions to

this prescription in relation to those who went to their

place of business and to purchase food, medicine,

goods classified as essential, etc. Restrictions were

also applied to dog walking, which is allowed within

a hundred meters from the place of stay or residence.

It is important that when leaving the place of their stay

(residence) in emergency cases, persons must have a

prepared (written) explanation with them indicating

why they left their place of stay during the period of

self-isolation.

Interestingly, citizens are obliged to observe the

1.5-meter social distancing, both in public places and

in public transport (this restriction does not apply to

those who ride in taxis). Moreover, it was established

that persons under eighteen years of age outside their

place of stay or residence must be accompanied by

adults.

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117

Furthermore, restrictions (prohibitions) on the

territory of the Krasnoyarsk Territory include:

observance of the face-mask requirements (when

going out into the street, wearing masks is advisory in

nature); citizens aged 65 and over must not leave their

place of stay (residence).

Next, it seems relevant to study the restrictive

measures introduced during the period of the spread

of coronavirus infection in the Republic of Buryatia.

Restrictive measures in this subject were

introduced by the Decree of the Head of the Republic

of Buryatia dated March 13, 2020, No. 37 "On

Additional Measures to Protect the Population and the

Territory of the Republic of Buryatia From an

Emergency Situation Associated with the Emergence

and Spread of Infection Caused by a New Type of

Coronavirus (COVID-2019)". With regard to persons

who were on the territory of the Republic of Buryatia

during the pandemic, the following restrictions and

prohibitions were applied: 1) persons who have

reached 65 years of age and older and have certain

diseases (indicated in the appendix) must comply

with the self-isolation regime by July 31, 2021 (with

the exception of some cases); 2) it is allowed not to

comply with the self-isolation regime for those who

have vaccinated against coronavirus with

confirmation in the corresponding certificate; 3) it is

prescribed to adhere face-mask requirements; 4) the

obligation for persons who come to the Republic of

Buryatia to inform about their arrival, as well as to

undergo PCR testing at home within three days (and

this must be agreed with the relevant medical

organization, payment for the test is carried out in

accordance with the law); 5) those persons who arrive

on the territory of the Republic of Buryatia for a work

(official) need are provided with sanitary and

epidemiological rules with their payment by the

receiving party.

In turn, restrictions and prohibitions in the

Republic of Sakha (Yakutia) were established by the

Decree of the Head of the Republic of Sakha

(Yakutia) dated April 27, 2020, No. 1143 "On the

Approval of the Rules of Conduct That Are

Mandatory for Citizens and Organizations When

Introducing a High Alert Mode Due To the Threat of

the Spread of a New Coronavirus Infection (COVID-

19) in the Republic of Sakha (Yakutia)", as well as by

the Decree of the Head of the Republic of Sakha

(Yakutia) dated July 01, 2020, No. 1293 "On High

Alert Mode in the Republic of Sakha (Yakutia) and

Measures to Prevent the Spread of the New

Coronavirus Infection (COVID-19)”. Restrictions

(prohibitions) were manifested in the following: 1)

non-working citizens from 65 years of age and older,

as well as those with chronic diseases, weakened

immunity who do not work, should self-isolate at

their place of residence; 2) observance of the face-

mask requirements; 3) persons who came to the

territory of the subject for work must self-isolate for

14 days in the place specified by the employer.

Special attention is focused on the fact that in the

event of a child moving from one place to another, i.e.

if the child arrives and is in a place that is not their

permanent place of residence, it is necessary to notify

the local administration of such situations.

From the abovementioned examples of the

organization and implementation of legal policy in

the field of ensuring epidemiological safety in the

constituent entities of the Russian Federation, it can

be seen that almost all regions adhered to the global

and all-Russian tendency to establish prohibitions and

restrictions. In some regions it was possible to contain

the epidemiological situation, in some it got out of the

control of state bodies. Legal literacy and discipline

of the population of a particular region played an

important role in containing coronavirus infection.

4 CONCLUSIONS

1. The legal framework for ensuring epidemiological

safety in the Russian Federation in general has been

formed. The conducted research allows us to

conclude that there is a sufficient number of laws and

by-laws in this area both at the federal and regional

levels. But at the same time, the regulatory

framework is characterized by fragmentation and

inconsistency, which, of course, significantly

complicates the process of law enforcement.

2. It should be emphasized that it is important to

ensure terminological uniformity when improving the

regulatory framework of public policy during

pandemic, which is currently absent.

3. Given the tendency toward centralization in

the executive power system, typical of the Russian

model of federalism, it is important to ensure the

implementation of legal policy in the area of ensuring

epidemiological safety, taking into account the

specific situation in a particular constituent entity of

the Russian Federation. Thus, the transfer of power to

introduce restrictive and support measures to the level

of the constituent entities of the Russian Federation

seems to be correct and timely.

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