Who is responsible for the violation of the mask regime: stores or customers?
The Supreme Court (SC) clarified the liability for violation of the mask regime in the shopping center. However, the citizens who were brought to administrative responsibility for the absence of a mask in the shopping center and on the market tried to challenge the fines. In their opinion, the trading platforms should be responsible for providing visitors with masks. The SC explained that this does not exempt from responsibility.
Alexander Arbouzov, Partner and Head of Corporate Practice commented on the decision of the Supreme Court:
"Potentially, according to Article 20.6.1 of the Administrative Code, it is possible to punish different persons: both the store and the visitors who do not wear personal protective equipment. At the same time, one violation does not exclude another: the store may be guilty of not providing a sufficient supply of masks, and the visitor may be guilty of not wearing a protective device.
Violation by the store can be considered as a mitigating circumstance. This can be compared to crossing the road in the wrong place, when snow is dumped from the roof onto the sidewalk: a citizen is forced to violate traffic rules."