Alina Kalinskova analysed for Novy Prospect the lawfulness of exit restrictions by the border service of the Federal Security Service of Russia

On 21st of July, Estonia allowed non-European Union citizens to enter its territory with a certificate of vaccination with any vaccine, including Russian Sputnik V. However, the tourists have encountered exit restrictions from the border service of the Federal Security Service of Russia. The reason for the refusal is the Russian Government Order No. 763-r of 27th of March 2020, according to which yhere are only 24 reasons for leaving the country. No amendments regarding holders of vaccination certificates have been made to the bylaw at this time. It should also be noted that the restrictions apply to land borders of the Russian Federation and do not apply to sea and air borders.

Alina Kalinskova, Lawyer at Maxima Legal, explained to Novy Prospect that although Article 27(3) of the Russian Constitution provides the right for everyone to freely travel outside the Russian Federation, it also allows for restrictions of human and civil rights and freedoms. However, according to the expert, two conditions must be met: “first, restrictions must be imposed by federal law; second, rights and freedoms may only be restricted to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and lawful interests of others, to ensure the defence of the country and the security of the state”.

In Alina’s opinion, while regarding the second condition, everything is quite obvious and there is indeed a threat to the health of others, compliance with the first condition is more controversial. “However, one of the clauses of the law “On protection of population and territories from natural and man-made emergencies” gives officials the authority to restrict access of people and vehicles to the territory where there is a threat of an emergency situation, as well as to the emergency zone in case of introduction of a high emergency alert regime” – explained the expert.

The expert also reminded that the high alert regime was introduced in all subjects of the Russian Federation (in the Leningrad region – from March 13th, 2020). Thus, the possibility of restricting freedom of movement was established by a normative act adopted at the federal level and the restrictions imposed are legitimate. “Moreover, the Constitutional Court in its ruling of 25th of December 2020 No 49-P confirmed the admissibility of restrictions on the freedom of movement of citizens in the context of the spread of the coronavirus infection (the ruling concerned restrictions related to the introduction of compulsory self-isolation for citizens). The Court pointed out that such measures “strike a fair balance between the need to protect the life and health of the population in a complex epidemic situation on the one hand and ensuring the possibility of movement on the other”, Alina Kalinskova said.

To read the full article (in Russian) please visit Novy Prospect website >>>