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Commentary for the magazine "Expert". Topic: problems with settlements and refunds.

1. Indeed, now many airlines do not return money for tickets and they can be understood, because the outflow of living money in the absence of new funds for air travel can inevitably lead to bankruptcy, despite the support from the state.

However, such refusals to return money, as shown by appeals to us, are sinned mainly by foreign airlines, since article 108 of the Air Code of the Russian Federation applies only to domestic carriers or to joint and foreign flights.

For the above reasons, this situation cannot be called a violation of the constitution, since the Federal Law directly provides for the mandatory return of funds by certain persons.

2. In a situation with isolation of bank cells, the question is much more complicated. Indeed, in the modern world there are people who categorically deny non-cash. Yes, there are few of them, but despite this, we can’t talk about the insignificance of a violation of their right to manage their own money.

On the other hand, they also could not receive their money from the bank upon the introduction of an emergency and / or quarantine. Now only one thing can be said with accuracy - one more risk of storing money and valuables in a bank cell (except for robbery and inflation) has been identified - isolation measures against the population and business by the state.

And then, the bank’s liability to the depositor is insured, and if the bank’s employees themselves, without any signs of theft, do not clean the cells, then the client’s losses in the event of theft must be compensated.

From the point of view of law, in a situation where there is no access to one’s property (money) in the conditions of the inaudible legal status of the current situation, the following consistency is relevant:

1. a) restrictions on access by the state.
2. b) restrictions on access by the bank.

As long as the legitimacy of the regime introduced by the state has not been challenged, there are no doubts about the restrictions on access to property in the cell by the bank.

3. This situation is the most interesting. We read and heard from our customers that cash was not accepted in some places. Given that in addition to airborne droplets, there is also a contact way of spreading the disease, and the virus can live on the surface of a bill, it can take several hours, the measure certainly looks right.

This becomes all the more obvious in the context of a letter from the Central Bank of the Russian Federation, which recommended that credit institutions observe preventive precautions when providing cash services to clients under conditions of the spread of coronavirus infection (COVID-19).

For example, before issuing cash to customers or loading them into ATMs and terminals, it is recommended that the banknotes be kept in a credit institution for a period that ensures guaranteed death of the virus.

However, retailers cannot afford such a luxury as keeping cash in isolation, so they come up with various ways to dodge.

According to Article 492 of the Civil Code of the Russian Federation, the retail contract of sale is public, that is, the retailer is obliged to sell its goods to everyone who contacts it (Article 426 of the Civil Code of the Russian Federation). The Code does not set limits on cash coming to the buyer, or with a credit card. Therefore, this behavior of retailers is illegal without restriction or prohibition of cash circulation by the Central Bank.