"On Administrative Offenses in the Kaluga Region".
However, the formulations "obvious disrespect",
"destruction and (or) damage to property" used in this
article are not considered in the regulatory legal acts
of the subject, which led to the problem of law
enforcement practice. The authors rightly point out
that, depending on the factual circumstances, such
cases may cause competition with the administrative
offenses provided for by the Code of Administrative
Offenses of the Russian Federation, namely: Part 1 of
Art. 5.61 "Insult", Art. 7.17 "Destruction or damage
to other people's property" and 20.1 "Petty
Hooliganism", as well as Art. 167 of the Criminal
Code of the Russian Federation "Intentional
Destruction or Damage to property" (Kurakin and
Karpukhin, 2020).
This point of view correlates with the situation in
the area of adoption of administrative orders in the
regulatory legal acts of the city of Moscow. So, in
Decree No. 12-UM and Art. 3.18.1 of the
Administrative Code of the city of Moscow, the
category "Self-Isolation Regime" appears. This
category is absent in federal legislation, the laws of
the city of Moscow and, in fact, is considered in the
context of the high alert regime, which was
introduced by Decree No. 12-UM. This could
potentially lead to competition from Art. 3.18.1 of the
Administrative Code of the city of Moscow and Art.
20.6.1 of the Administrative Code of the Russian
Federation in law enforcement practice (Sun and
Sharman).
The Supreme Court of the Russian Federation
made a certain amount of clarity to the actively
emerging mechanism of administrative and legal
regulation associated with countering the spread of
the coronavirus pandemic. In Review No. 1 of the
Supreme Court of the Russian Federation it is noted:
"From the analysis of the above norms in their
systemic relationship, it follows that citizens,
officials, persons engaged in entrepreneurial
activities without forming a legal entity, legal entities
are subject to administrative liability under part 1,
Art. 20.6.1 of the Code of Administrative Offenses of
the Russian Federation both for violation of the Rules
and for violation of mandatory, as well as additional
mandatory for citizens and organizations, rules of
conduct when a high alert or emergency regime is
introduced in the territory of a constituent entity of
the Russian Federation" (Wrede, 2020; Kostennikov,
Kashkina, Sultanov, 2020).
According to the Supreme Court of the Russian
Federation, to provide development of the specified
provisions of the legislation of the Russian
Federation, which establish generally binding rules at
the federal level, the constituent entities of the
Russian Federation have adopted regulatory legal acts
in the field of protecting the population and territories
from emergencies. Among them, the highest court
included, namely, Decree of the Mayor of Moscow
No. 12-UM, Decree of the Governor of the Moscow
Region of March 12, 2020 No. 108-PG, and etc. "So,
- noted the Supreme Court of the Russian Federation,
- according to part 1, Art. 20.6.1 of the Administrative
Code of the Russian Federation, for example, the
actions of an individual are subject to qualification,
expressed in violation of subparagraph 3.2.4,
paragraph 3.2, section 3, paragraphs 12.1 and 12.3,
section 12 of Decree of the Mayor of Moscow dated
March 5, 2020 No. 12-UM "On Introduction of a
High Alert Regime" (as amended by the Decree of the
Mayor of Moscow dated April 10, 2020 No. 42-
UM)". Among the measures named by the Supreme
Court of the Russian Federation in Decree No. 12-
UM were bans on visiting city-wide territories,
leaving places of residence (except in emergency
cases), observing a social distance of at least
1.5 meters.
Therefore, development of administrative
legislation in terms of structuring and applying norms
on administrative responsibility at the level of federal
legislation and laws of the constituent entities of the
Federation illustrated (Universal Declaration of
Human Rights), on the one hand, the effect of
constitutional provisions on subjects of joint
jurisdiction, to which, in accordance with clause "k",
part 1, Art. 72 of the Constitution of the Russian
Federation and include administrative and procedural
legislation. On the other hand, subjects of joint
jurisdiction in the formal legal dimension are
associated with risks of legal conflicts, which can be
avoided by acts of interpretation of law.
Based on the available data in the public domain,
it is difficult to judge to what extent the administrative
practice for the consideration of cases under Art.
3.18.1 of the Administrative Code of the city of
Moscow. However, the opinion of the Supreme Court
of the Russian Federation that the actions of
individuals, expressed in violation of the provisions
of Decree of the Mayor of Moscow No. 12-UM "On
Introduction of a High Alert Regime", are subject to
qualification on the basis of an administrative offense
under Part 1, Art. 1 of the Code of Administrative
Offenses of the Russian Federation, indicates that the
scale in the administrative prosecution of persons in
terms of violations of the requirements established
during introduction of the high alert regime tilted in
favor of federal legislation, which, of course, will
significantly reduce the conflict of laws and the risks