1. Realize you are a free citizen and not a slave to the government, the authorities are to implement your will. At the same time you are in charge of what is going on in your state and you have to take politics seriously. 2. Realize you can act on your own coordinating your activies with other responsible citizens via Internet and messenger services.
The rule of the majority is still on — even if there is only one person acting — this person is the majority because there is noone else acting. The authorities are legally speaking not the citizens, they are hired by citizens to implement the politics basing on the will of the citizens, that`t what democracy is about. In Russian one may say "the officials have no rights, only obligations".
3. You do not need a lawyer to start your political activities, as a citizen you have the right to take DIRECT part in the conduct of state affairs (direct democracy). All the documents and explanations can be found on the Internet.
In case you do not understand something in laws or other documents — it`s not your fault or weakness. This is the problem of the authorities and they are to explain things to you and to comply with international democratic legal framework, the Constitution and laws. Just address your questions to them and demand them to explain to you the reasons in case they do not want to explain things.
If they violate international documents your country signed, the Constitution or laws — be ready to go challenge such measures in court, but first — demand explanations. Please keep in mind that any information given to you in reply to your petition is official position of the state and not personal opinion of an official.
You can use a note like «I keep the right to publish the text of this petition as well as the reply to it in media and on the Internet» in your letters to make sure they understand how serious things are now. 4.You can not only go to courts, you can use existing law-enforcement bodies to protect you from illegal actions of the authorities. Check your laws which body executes control and supervision over the executive branch of power. In Russia we have General Prosecutor`s office, the Investigation Committee, the Federal Security Service and sometimes the police for this. In case they recieve some claim from a citizen — they have to start working and conducting all necessary activites. So make them start working for you and process your claims.
5. Check basic documents of your country like the articles of the Constitution and laws which provide for protection of your rights for
-send petitions and requests for information to the authorities,
-recieve and disseminate information.
6. Check the procedures — can you write via internet-office or email or post.
7. Now they use coronavirus «threat» to take away our rights. So make them explain what laws and medical statistics they base the measures on.
Here is a general overview of the questions to be asked.
In connection with the issues that have arisen, a possible appeal to the courts for the abolition of this normative act, I ask:
• explain to me the grounds, including the legal ones, which served to introduce the quarantine/state of emergency measures (use the term from the legal acts issued in your country);
• inform me whether the opinion of the medical community (doctors) was taken into account when adopting the measures (put here the name of the Dectree, law or other document adopted by the authorities in your country which introduced the lock down), and if so, who exactly;
• tell me exactly what proposals, instructions from the state sanitary doctors when issuing this Decree/law were taken into account;
• tell me who carried out before the adoption of the Decree/law, socio-hygienic monitoring to determine the cause-effect relationships between the state of public health and the impact of factors such as being in groups, including work collectives, at workplaces, in groups and alone outdoors, and what are its results?
• tell me if there was a sanitary-epidemiological conclusion on (non) compliance with the sanitary-epidemiological and hygienic requirements of the factors of living and working conditions, the working conditions of legal entities, citizens, including individual entrepreneurs, as well as the territories, buildings, structures, structures used by them , premises, equipment, vehicles;
• tell me if the country maintains statistics of deaths caused by the COVID-19 virus in the manner prescribed by the law;
• - inform me whether the country maintains statistics of deaths caused by another disease, while the deceased was diagnosed with COVID-19 shortly before death in the manner prescribed by the law;
• - provide me with comparative statistics on the total number of deaths in our country for the period February-March of previous years (2016, 2017, 2018, 2019) with the same period in 2020.
• If such statistics (data) are not available, please inform me on what basis were decisions made about the danger of the spread of the COVID-19 coronovirus and its danger to the life and health of the citizens of our country?
8. Here is a sample request we sent to the head of a region which prohibited church services (google translated, so sorry for mistakes)
03/31/2020 in the Krasnodar Territory by the decree of the head of administration (governor) No. 185 "On the introduction of restrictive measures (quarantine) in the territory of the Krasnodar Territory" in order to prevent the threat of the spread of COVID-19 coronavirus infection in the territory of the region, a number of restrictions were imposed on all residents of the region, the implementation of which made it is impossible to take part in joint services, which violated the constitutional right to freedom of religion. These restrictions affected me, as a believing Orthodox Christian.
In accordance with this decree, pet owners are given more freedom than religious citizens who are prohibited from visiting temples. Do you think dogs have more rights and freedoms ?! The opinion of the ruling bishop, who expressed the opinion of the vast majority of believing citizens, is completely ignored.
The reference in the said resolution to the following normative acts is unreasonable and illegal for the following reasons:
- to the federal law of December 21, 1994 No. 68-ФЗ "On the protection of the population and territories from natural and man-made emergencies", as it regulates legal relations in the event of the introduction of an emergency regime, which has not yet been announced;
- to the federal law No. 52-FZ "On the sanitary and epidemiological well-being of the population", since quarantine can be introduced on the basis of proposals, prescriptions of the chief state sanitary doctors and their deputies; this law does not provide for the possibility of restricting the rights of believers;
- To the Decree of the President of the Russian Federation dated March 25, 2020 No. 206 "On the announcement of non-working days in the Russian Federation", since it does not contain provisions to restrict the rights of believers;
- to the resolution of the head of administration (governor) of the Krasnodar Territory dated 03/13/2020 No. 129 "On the introduction of an increased readiness regime in the territory of the Krasnodar Territory and measures to prevent the spread of a new coronavirus infection (COVID-2019)", since it does not justify a ban on joint Divine services, as well as no mention of this at all:
- for the prescription of the chief state sanitary doctor in the Krasnodar Territory dated March 31, 2020 No. 7, since there is no reasonable ban on attending joint Divine Services in the temples of the region;
As a result of the publication of an ill-conceived and hasty decision, the rights of citizens guaranteed by the Constitution of the Russian Federation and federal laws were violated, including mine, as a citizen of Russia.
So, by the decision of the governor, grossly violated:
- Article 28 of the Constitution of the Russian Federation, according to which everyone is guaranteed freedom of conscience, freedom of religion ... including the right to profess individually or jointly with others any religion ..., to freely choose, have and disseminate religious and other beliefs and act in accordance with them.
- Federal Law of September 26, 1997 N 125-FZ (as amended on December 2, 2019) "On Freedom of Conscience and on Religious Associations" (hereinafter referred to as FZ-125), namely:
In accordance with Part 1 of Art. 3 FZ-125, we Orthodox Christians are guaranteed:
- the right to profess individually or jointly with others any religion ..., perform Divine services, other religious rites and ceremonies, carry out religious education and religious education, freely choose and change, have and disseminate religious and other beliefs and act in accordance with them, including creating religious associations.
In accordance with Part 6 of Art. 3 of the same Law: “obstruction of the exercise of the right to freedom of conscience and freedom of religion, including involving violence against a person, ... is prohibited and prosecuted in accordance with federal law."
In accordance with Part 2 of Art. 16 of the same Law provides for the right to freely perform religious rites and ceremonies (including services): "in places of worship, buildings and structures, as well as on land plots on which such buildings and structures are located ..."
Article 26 of the same Law provides for liability for violation of the law on freedom of conscience, freedom of religion and religious associations, in the form of criminal, administrative and other liability in accordance with the legislation of the Russian Federation.
In connection with the foregoing, and on the basis of Article. 8 of Federal Law No. 52-FZ "On the Sanitary and Epidemiological Well-Being of the Population",
- explain to me the grounds, including the legal ones, which served to introduce the above restrictions;
- inform me if the decision of the medical community (doctors) was taken into account when making the decision, and if so, who exactly?
- tell me exactly what suggestions, instructions from the state sanitary doctors when taking this decision into account?
- tell me who carried out before the adoption of the decision the socio-hygienic monitoring to determine the cause-effect relationships between the health status of the population and the impact of environmental factors and what are its results ?;
- to inform me whether there was a sanitary-epidemiological conclusion on the (non) compliance with the sanitary-epidemiological and hygienic requirements of environmental factors, the working conditions of legal entities, citizens, including individual entrepreneurs, as well as the territories, buildings, structures, facilities used by them , equipment, vehicles;
- inform me whether statistics on deaths caused by the COVID-19 virus have been confirmed in the region in accordance with the law;
- inform me whether statistics on deaths caused by another disease, which was confirmed in the manner prescribed by law, are kept in the region, while the deceased was diagnosed with COVID-19 shortly before death;
- provide me with comparative statistics on the total number of deaths for the period February-March 2016, 2017, 2018, 2019 compared with the same periods in 2020;
- to tell me whether there have been cases in the territory of the Krasnodar Territory of the facts of infection with the coronovirus in directly in churches (churches)?
- inform me Do you have any reliable information about coronovirus infection directly in churches (churches)?
In the event that such statistics (data) are not available, tell on what basis the decisions were made about the danger of the spread of the COVID-19 coronovirus and its danger to the life and health of residents of the Krasnodar Territory?
Immediately provide in paragraph 1 of this decree the possibility of all Orthodox Christians in unhindered participation in the celebration of Divine Services, issuing an appropriate order (supplement) and publishing it in the media.
In view of the upcoming Holiday of Holidays, Easter of Christ, the decision to inform as soon as possible.
Here is a video on the point