[ad_1]
A Ruse District Court panel issued a decision reversing a 300 BGN fine imposed by a police officer on a citizen for being in a public place without wearing a protective mask in violation of an order issued by the Minister of Health, it announced the place. “Law and health”.
The annulment arguments presented by the court refer not only to this particular case, but also to all other similar cases of imposing a fine on a person who does not wear a mask.
Judge Ralitsa Ruseva points out that there is a legal norm in the Health Law (Art. 209a), which provides for the imposition of a sanction, but does not determine the type of infractions subject to sanction, but rather refers to orders from the Minister. of health. However, the Administrative Penalties and Violations Act (ZANN) does not allow the imposition of penalties if the type of violation is not determined by law or statutes. As the orders of the Minister of Health are not such, the sanctions imposed violate the Law.
The court ordered the Ruse Directorate of the Interior Ministry to pay the fines and court costs in the amount of BGN 300.
The decision is not final and is subject to appeal to the Ruse Administrative Court. However, the formal logic of this decision is so clear that it will probably be confirmed by the higher court if the Ministry of the Interior appeals.
Thus, if the health law is not modified, the imposition of fines for not wearing masks is meaningless, since they will later be repealed by the court and the Ministry of the Interior will only pay the legal costs. However, a change in the law cannot be made, because the National Assembly will be dissolved in the next few days and the next one may not be constituted in the foreseeable future.
The arguments presented by the court refer not only to the wearing of masks, but also to all other sanctions imposed for non-compliance with the orders of the Minister of Health issued in the framework of the emergency epidemic.
