home Audience 5 Medical examination. Is it possible to have a repeat medical examination? option. Lack of documents

Medical examination. Is it possible to have a repeat medical examination? option. Lack of documents

One of the functions of the commission for registering citizens with military records and, as the next stage, the draft commission is organizing and conducting medical examinations of citizens. Medical examinations are carried out by medical specialists (therapist, surgeon, neuropathologist, psychiatrist, ophthalmologist, otorhinolaryngologist, dentist), the final conclusion on the category of a citizen’s suitability for military service is given by the doctor who supervises the work on the medical examination of citizens subject to conscription for military service, who in their work must be guided, in particular, by the Regulations on military medical examination, approved by Decree of the Government of the Russian Federation of February 25, 2003 No. 123 and the Instructions approved by the joint Order of the Ministry of Defense of the Russian Federation and the Ministry of Health of the Russian Federation “On the organization medical support training of citizens Russian Federation for military service" dated May 23, 2001 No. 240/168. / We are talking about the “Instructions on the procedure for conducting a medical examination, examination (treatment) of citizens of the Russian Federation during initial registration with the military and medical and recreational activities among citizens registered with the military,” as well as the “Instructions on the procedure for conducting a medical examination, examination (treatment) of citizens of the Russian Federation upon conscription for military service and medical and recreational activities among citizens who received deferments from conscription for military service for health reasons” (both instructions are appendices to the said order). Further in the text of this paragraph, these instructions will be abbreviated as “Instruction No. 1” and “Instruction No. 2”./
According to clause 16 of the Regulations on VVE, “the personnel of medical specialists involved in conducting a medical examination of citizens upon initial military registration is approved by the chairmen of the relevant commissions.”

ATTENTION! Without the participation of any of these seven doctors, as well as in the absence of a doctor supervising the medical examination of citizens subject to conscription for military service, the medical examination will be considered by law to have failed, and its results will be considered insignificant.

The appendix to the Regulations on Military Medical Examination (hereinafter abbreviated as the Regulations on VVE) are “Requirements for the health status of citizens subject to initial military registration, citizens subject to conscription for military service.” Main component of this appendix – “Schedule of diseases” (see Section III – “Appendices”. Appendix No. 1), which contains full list diseases and functional disorders organisms that prevent the recognition of citizens of pre-conscription and conscription age as fit for military service for health reasons (on the basis of this document, categories of fitness for military service are assigned).

ATTENTION!
Based on clause 15 of the Regulations on VVE, clause 6 of “Instruction No. 1” and clause 7 of “Instruction No. 2”, citizens subject to initial military registration and conscription for military service, no earlier than 30 days before the start of a medical examination, undergo to the direction of the military registration and enlistment office for diagnostic tests in relevant medical institutions (in the manner and volume established by the Ministry of Defense of the Russian Federation together with the Ministry of Health and Social Development of the Russian Federation). “Mandatory minimum”, which constitutes a list of such diagnostic studies and provided for by the above paragraphs of the Instructions, includes: fluorographic (x-ray) examination of the chest organs in two projections (if it has not been carried out or there is no information about this study during the last 6 months), blood test (determination of ESR - erythrocyte sedimentation rate, hemoglobin, leukocytes), urine test (specific gravity, protein), on the day of medical examination - measurement of height and body weight. Citizens subject to conscription for military service, in addition, must undergo an electrocardiographic (ECG) study and, if necessary, routine preventive vaccinations (vaccinations are carried out in a medical institution at the place of residence).
Failure to carry out these activities, or to carry them out to a lesser extent than required by law, as well as within periods not established by law, may be grounds for challenging the decision of the draft commission and the commission for registering citizens for military registration.

Providing health information to the military registration and enlistment office

When initially registering for military service and passing through the draft board, a citizen has the right to submit medical documents (original documents only to the draft board) confirming the presence of certain diseases or functional disorders. Due to the danger of losing original certificates during the storage of a conscript’s personal file, before handing them over to the military registration and enlistment office, copies should be made of them and these copies should be certified by the medical institution that issued them or by a notary.

Note. A citizen may have problems receiving his medical card from the clinic to make a copy of it. To resolve them, you should contact your local physician or the chief physician of the clinic with an application for an extract from the medical record (epicrisis). Such a requirement is legal, since it complies with Art. 31 Federal Law “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” dated July 22, 1993 No. 5487 - 1, according to which the patient has the right to receive information about the state of his health in a form accessible to him.

As stated above, the medical examination of conscripts is carried out by at least seven medical specialists, each of whom, during the medical examination, assigns his own fitness category - according to his own profile. The citizen will receive the final fitness category based on the worst result (for example, even if all are “A”, but at least one is “D”, then the final fitness category will be “D”).
Based on the results of the medical examination, a conclusion on the citizen’s suitability for military service is given solely by the doctor who supervises the medical examination of citizens subject to conscription for military service. The final conclusion of this particular doctor determines one of the following five categories of suitability for military service (Clause 2, Article 5.1 of the Federal Law “On Military Duty and Military Service”):
A- “fit for military service”,
B– “fit for military service with minor restrictions”,
IN- “limitedly fit for military service”,
G– “temporarily unfit for military service”,
D- “not fit for military service.”
In accordance with the “Schedule of Diseases” and the “Table of Additional Requirements for the Health State of Citizens” (both documents are appendices to the Regulations on VVE), for citizens who have received fitness categories “A” and “B”, a digital indicator of their purpose for military service is determined (Clause 17 of the Regulations on VVE). In the medical report it will be indicated after the letters “A” and “B” (“A-2”, “B-1”, “B-2”, “B-3”, “B-4”). These figures mean an additional restriction due to health conditions within this fitness category (restriction on the possibility of referral to individual species and types of troops Armed Forces Russian Federation and training in certain military specialties).
ϖ If assigned fitness category "A", then the conscript is “absolutely healthy” and fit for conscription.
ϖ If assigned suitability category "B", this means that the conscript is eligible for military service, but with minor restrictions (he cannot serve, for example, in the navy, in the landing force, he cannot become a tank driver, armored personnel carrier, etc.). For other jobs, such a citizen is considered quite suitable.
ϖ If assigned fitness category "B"(limitedly fit for military service), then the citizen is completely exempt from conscription for military service in peacetime. Simultaneously with the assignment of the specified category of fitness to him by the draft commission and exemption from conscription, he must be issued, in accordance with paragraph 1 of Art. 52 VOVS, and the decision on enrollment of this citizen to the reserve (based on this decision, he will be issued a military ID).

ATTENTION!

Until December 31, 2004, citizens with fitness category “B”, on the basis of clause 38 of the Regulations on VVE, were obliged until they reached the age of 27 once every 3 years undergo a repeated medical examination (until 1988 - before the current Federal Law “On Military Duty and Military Service” came into force - this procedure was called re-examination). By Decree of the Government of the Russian Federation “On Amendments to the Regulations on Military Medical Examination” dated December 31, 2004 No. 886, this obligation in relation to this category of citizens was canceled.

Note.

Even during the period (until December 31, 2004) of the practice of “re-examination”, if during the repeated medical examination category “B” was changed to “B” or “A”, then the citizen, as being in the reserve, could not be called up for military service service in peacetime (clause “a”, paragraph 1, article 22 of the Federal Law “On Military Duty and Military Service”). He had already been sent to the reserves and could not be “removed” from it for conscription service in peacetime, even if he had become completely healthy. A change towards “increasing” the “B” fitness category could only affect the order of his conscription (the “admission” was expanded) for military training in peacetime and for military service during mobilization, martial law or wartime.
Based on paragraph 1 of Art. 53 of the Federal Law “On Military Duty and Military Service”, a citizen certified in fitness category “B” (if he does not have an officer rank) will have to remain in the reserve for up to 50 years. During the period of stay in the reserve, in the event of a change in the fitness category to “D”, he, in accordance with clause 3 of Art. 53 of the Federal Law “On Military Duty and Military Service”, is subject to transfer to retirement and removal from military registration (that is, exempt from further performance of military duty).
ϖ If assigned suitability category "G"(“temporarily unfit for military service”), then the citizen cannot be called up at the present time due to the need to undergo lengthy medical examination or treatment. He is granted a deferment from conscription for military service for a period of up to 12 months (subclause “a”, paragraph 1, article 24 of the Federal Law “On Military Duty and Military Service”).
ϖ If assigned fitness category "D", this means that the citizen is completely unfit for military service, either in peacetime or in wartime. In accordance with paragraph 6 of Art. 9, paragraph 1, art. 28 Federal Law “On Military Duty and Military Service” and paragraphs. 4, 9 of the Regulations on Military Registration, a citizen with this category of fitness by decision of the draft commission is completely and unconditionally exempted not only from conscription for military service, but also from performing military duties in general - that is, is not subject to either military registration or, accordingly, enrollment in the reserves (he is not issued a military ID). At the same time, there should be no mandatory periodic medical “re-examination” in relation to him, according to the Regulations on VVE.

ATTENTION!

The most “subtle” place in the gradation of suitability categories is the line between categories “B” (especially “B-3”, “B-4”) and “B”(with the first they are called up for military service, with the second they are no longer). In connection with this circumstance, a citizen should find out all the details about the state of his health and the degree of suitability for military service before the start of conscription (even better, before the initial registration for military service). In particular, it is recommended to study the “Schedule of Diseases”. If the draft commission recognizes a citizen as fit for military service (fitness category “A”), fit for military service with minor restrictions (fitness category “B”), he, on the basis of clause 2 of Art. 29 of the Federal Law “On Military Duty and Military Service”, it is mandatory to go through the supervisory authority - the conscription office of the subject of the Russian Federation /regional (territorial, district)/, which conducts its medical examination of all citizens called up by lower conscription commissions for military service (immediately before sending them to the place of service), as well as a control medical examination (CME) of citizens who have received an exemption from conscription for military service for health reasons and citizens who have declared disagreement with the conclusions about their suitability for military service based on the results of a medical examination.

Preparing citizens for medical examination.

Many citizens of pre-conscription age (the so-called “pre-conscription”) and conscripts have diseases corresponding to fitness category “B” (“limitedly fit for military service”). Often these diseases occur hidden, and the young person does not know about their presence or does not attach importance to them. When conducting a medical examination, doctors cannot always identify these diseases, even if medical certificates are presented. As a result, insufficiently healthy conscripts end up in military service. Therefore, in order to protect yourself from such a medical error, which can be fatal for someone called up for military service, a citizen should find out before the medical examination how compatible his health is with military service. Here are some practical tips for pre-conscripts and conscripts to prepare for a medical examination.

REMINDER
“How to prepare for a medical examination”

1. Keep all medical documents and certificates you have. Receive in your hands extracts from the medical history about existing or past diseases. If possible, also take all x-rays and test results in your hands and store them carefully. All medical certificates must be in your medical record as an outpatient (inpatient) or at your home.
2. Medical records often get lost, so make copies of them all. medical documents and the card itself. If the medical card is not given to you at home, find the opportunity to make a photocopy of it at the clinic. / Copies of “particularly significant” certificates must be certified by the medical institution that issued them or by a notary./
3. When transferring from a children's clinic to an adult clinic, carefully check the medical document, which is called the “transfer epicrisis”. It should list all diseases by year (and not just colds), note all vaccinations (or contraindications to them), and recommendations of medical specialists.
4. When going for a medical examination at the military registration and enlistment office, you absolutely must know the degree of your suitability for military service. To this end, carefully study the “Schedule of Diseases” (see Section III – “Appendices”. Appendix No. 1) and compare the diagnoses of your diseases with the list of diseases and functional disorders given in this document.
5. At the medical examination during initial military registration, present copies of medical documents and certificates (the originals are presented only at the medical examination when passing the draft board - once you are 18 years old) and make sure that you are assigned a fitness category that actually corresponds to your health.

Medical examination as directed by the draft commission.
Independent medical examination

The draft commission on the basis of clause 1 of Art. 30 of the Federal Law “On Military Duty and Military Service” and clause 19 of the Regulations on VVE can refer a citizen to a free outpatient or inpatient medical examination at a state or municipal medical institution, located on the territory of a given subject of the Russian Federation (in the event that it is impossible to determine the category of suitability on site, or for treatment). The same right, in accordance with clause 19 of the Regulations on VVE, is vested in the commission for registering citizens with military records. A referral for examination (treatment) is given to the citizen “in hand” when the decision of the relevant commission is announced. The direction indicates the name of the medical institution, preliminary diagnosis, purpose of the examination and the deadline for appearing for re-examination. Two copies of the form are attached to the referral for examination (treatment) health examination report; medical card outpatient and other medical documents characterizing the health status of this citizen.
In such a situation, a citizen, according to Art. 20, 25, paragraph 2, Art. 30 and Art. 53 "Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens", has the right to pass independent medical examination (independent medical examination) and at the same time choose at your own discretion a treatment and preventive (expert) institution and doctors (experts). That is, he can undergo examination where he wants, and not where the commission sent him. /If the medical institution he has chosen, as well as required type medical services are not included in the list of institutions and free services specified in the annexes to the agreement health insurance, then the citizen pays for the examination (treatment) at his own expense. / The local doctor of the clinic (or the deputy chief physician for medical treatment) is obliged, at the request of a citizen, to issue a referral for examination at that medical institution, in which this citizen would like to be examined (Article 25, 53 Federal Law ). He has the right to be examined in any medical institution of any form of ownership, if this institution has the appropriate license. If the clinic does not give a citizen such a referral (which is illegal), he can contact the insurance medical organization(its coordinates must be indicated in your personal insurance medical policy). They must resolve this issue. You can also contact the health committee municipal district(in health departments under administrations different levels there are reception areas where you can file a complaint and receive a referral for examination).
Note. Art. 53 of the Federal Law “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” states that “an examination is recognized as independent if the expert or commission members performing it are not in official or other dependence on the institution or commission that carried out the medical examination, as well as on the bodies institutions, officials and citizens interested in the results of an independent examination.”
Documents issued by a licensed medical institution of any form of ownership are valid throughout the Russian Federation. During a medical examination, they do not have the right to refuse to accept documents from such an institution,
In accordance with clause 18 Regulations on conscription of citizens of the Russian Federation for military service(approved by Decree of the Government of the Russian Federation of June 1, 1999 No. 587) control over whether a citizen undergoes the medical examination and repeated medical examination assigned to him is carried out by the military registration and enlistment office and the health care authority.

ATTENTION!

When principled If a citizen disagrees with the decision of the commission for the initial registration of citizens for military registration or the draft commission to send him for examination (treatment), the refusal must be motivated (reasonably) expressed in writing and was submitted to the commission that made this decision by the citizen in person. /The right to refuse medical intervention is provided for in Art. 33 Federal Law “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” (based on Article 32 of this law, “a necessary precondition for medical intervention is the informed voluntary consent of the citizen”) If you refuse an examination, in parallel with the “refusal” application to the commission, you should appeal to the a higher military registration and enlistment office (conscription commission) of a constituent entity of the Russian Federation or to the court at the place of residence, the very decision of the commission for registering citizens for military registration or the draft commission on sending them for examination. At the same time, it is advisable for a citizen to receive documentary confirmation(a mark of acceptance on the copy, etc.) of the fact of filing an application with the commission and a complaint with a supervisory or judicial authority. Only in this option is his refusal to undergo a medical examination guaranteed (according to at least, for the entire period of appeal) cannot be qualified as an administrative offense - "evasion<...>from a medical examination or examination as directed by the commission for registering citizens for military registration or from a medical examination as directed by the draft commission"(Article 21.6 of the Code of Administrative Offenses of the Russian Federation).
If you disagree with the conclusion of the medical institution to which the citizen was sent for examination (treatment), he has the right to appeal this conclusion to the court. Art. 53 Federal Law “Fundamentals of the legislation of the Russian Federation on protecting the health of citizens” reads: “In conflict situations, the final decision on the conclusion of a medical examination is made by the court.”

New rules for conducting medical examinations of intoxication came into force on March 26, 2016. The procedure itself has remained virtually unchanged, but since 2019 it has been applied not only to drivers, but also to other categories of citizens. Examination can now be carried out not only for the presence of alcohol or drugs in the human body, but also for psychostimulants contained in certain medicines.

What is a medical examination

These are methods of checking, examining, examining a person to identify drunkenness, which may lead to legal consequences (Federal Law 323, November 21, 2011). When stopping a car owner, the inspector does not have the right to send the citizen for a medical examination for intoxication without reason. There are certain laws, regulations and other normative documents that regulate the activities of traffic police officers and clearly describe how the medical examination procedure should take place.

Thus, the examination of a motorist on the road by a traffic police officer differs from a standard medical check and is regulated by the following documents:

Code of Administrative Offenses (Code of Administrative Offences);
Art. 12.26;
Regulations of the Ministry of Internal Affairs of the Russian Federation No. 185, 03/02/09 and related laws;
Decree of the Government of the Russian Federation No. 475, June 26, 2008

The procedure for medical examination is established by Order of the Ministry of Health No. 933n dated December 18, 2015, which unifies the rules for testing for intoxication not only of vehicle drivers, but also of employees of organizations, violators, military personnel, and other persons who need an identification certificate. If there is a suspicion of intoxication, the traffic police officer will ask the driver to “breathe into a tube.” With absence positive result samples, but in stock clinical signs, or if the car owner refuses to undergo inspection, the inspector sends him for a medical examination.

The obligation of the car owner to undergo a medical examination for intoxication at the request of a state inspector is specified in clause 2.3.2 of the Russian Traffic Regulations. Refusal is regarded as an administrative offense. The procedure and grounds for a medical examination are specified in Ministry of Internal Affairs Regulation No. 185 and Resolution 475. A traffic police officer has the right to insist on an examination if the stopped motorist exhibits at least one of the symptoms of intoxication (they are listed below).

According to the regulations of the Ministry of Internal Affairs and the Code of Administrative Offences, the inspector has the right to remove the driver from driving the car. For this purpose, a protocol is drawn up with the participation of two witnesses. Ignoring this procedure by a traffic police officer is illegal, especially in the absence of a breathalyzer and the need to go to the post. Medical examination alcohol intoxication carried out using special device, equipped with a printer for instant printing of results and included in the unified information fund of measuring technical means RF.

The car owner is explained the inspection regulations and is shown the integrity of the seal on the device and the documents for it. The disposable mouthpiece is printed and put on immediately before turning on the alcohol meter. The inspection takes place at the place where the car is stopped or at the nearest traffic police post where there is a technical device. According to the rules of the express test, 2 independent witnesses (witnesses) must be invited.

Grounds for medical examination

According to Resolution 475 of the Government of the Russian Federation dated 06.26.16 and Order of the Ministry of Social Development No. 115 dated 09.07.14, a list of signs has been established, in the presence of which the inspector has the right to conduct a sobriety test of the car owner. These include:

impaired coordination;
alcohol vapors from the mouth;
change in skin color (pallor, severe redness);
uneven breathing;
unstable body posture;
incoherent speech, confusion;
constricted/dilated pupils;
trembling in the limbs;
inappropriate behavior.

In addition, to send to medical check The grounds from Order of the Ministry of Internal Affairs No. 780 of September 13, 2012 may serve. These include:

refusal of the car owner to undergo a medical examination of intoxication;
the driver’s disagreement with the inspection carried out;
all of the above signs of intoxication are observed;
the driver is suspected of a violation affecting safety traffic;
there is a reason to initiate an administrative violation case against the motorist.

Procedure for medical examination of intoxication

In accordance with current legislation, the procedure for medical examination of intoxication is carried out according to the established procedure. The sobriety test goes as follows:

the inspector stops the citizen and asks him to get out of the vehicle;
a law enforcement officer conducts initial tests on site or at a traffic police station;
when symptoms of intoxication are detected, the state inspector records the data in the protocol, recording the actions of the car owner on a video camera, then gives documents for the signature of the stopped citizen (in this case, 2 witnesses must be present);
the inspector accompanies the offender to the point of medical examination;
the procedure is carried out by a paramedic or doctor who draws blood;
the driver also takes a urine test and a breathalyzer test;
the doctor examines the tests in the laboratory and draws up a report, making a conclusion whether intoxication has been detected or not.

The inspector's subsequent actions will depend on the conclusion from the medical institution where the medical examination of intoxication took place:

if the narcologist determines that the driver is sober, the traffic police officer is obliged to deliver the detainee to his vehicle;
If the doctor detects intoxication, the inspector will not take the driver to the car; the offender will later need to pick up the car from the special parking lot.

Direction

Refusal of an express test is not considered an administrative offense, however, it gives the traffic police officer grounds to demand that the driver undergo a medical examination. The protocol is filled out if there are two witnesses (independent witnesses over 18 years of age). The owner of the car is given a referral for a medical examination of intoxication if the motorist denies the results of the test or the device gave a negative result in the presence of characteristic clinical symptoms. The referral to the medical institution indicates:

in the “clarification” field, the car owner writes that he agrees to be checked in the prescribed manner by a narcologist and pass medical tests;
in the column “examination for intoxication”, a dash is placed if the driver evaded the test; when passing the test, the results are recorded;
in the “grounds” column, the inspector enters an explanation of why the citizen is being sent for a medical examination (refusal of the test, disagreement with the breathalyzer results, etc.);
in the comments, the car owner indicates that he did not violate traffic rules and does not agree with the results of the express check.

Procedure

A medical examination for drug intoxication or the presence of ethanol in the blood is carried out according to the regulations of Order of the Ministry of Health of the Russian Federation No. 933n dated December 18, 2015. According to the rules, a mobile unit or specialized institution must have a license to conduct such examinations, and the doctor (paramedic) directly conducting the tests must have a document confirming completion of 36 hours of training at the drug dispensary.

A medical examination begins with an air intake: the citizen exhales air into a “tube” equipped with a printer for the final printing of the results. Such breathalyzers have a deviation of about 0.16 mg per liter of air, so intoxication is recorded if the device shows higher value. After 15-20 minutes, a repeat test is performed to confirm a positive result.

The narcologist visually assesses the condition of the motorist, checks for traces of injections on his body, evaluates coordination using the Romberg test, concentration and attention using the Schulte test, and the reaction of the pupils of the eyes using the Taschen test. In addition to these checks, the subject submits blood and urine for analysis (regardless of the results of the listed tests). To avoid falsification, urine is checked within 5 minutes after collection; it must meet the following requirements:

pH within 4-8, density within 1.008-1.025, creatinine concentration - from 4.4 to 17.7 mmol/day (these indicators prove that the liquid was not diluted);
The temperature of the urine should be at least 32 degrees, which indicates its freshness.

The urine is checked 2 times: the first stage takes 2 hours and is carried out at the collection site. If the result is positive, a second sample is carried out in the laboratory. Venous blood taken in 2 tubes of 5 and 10 ml if the driver has life-threatening illnesses or is unable to empty the bladder within 30 minutes after the start of the test. The analysis takes place in the laboratory, and the results will have to wait about 2 weeks. Since 2019, medical examination includes testing of biological fluids for the content of all possible substances, including:

cannabinoids;
opiates;
psychostimulants;
alkaloids and their analogues.

The driver is recognized as sober if a number of conditions are simultaneously met. These include the following factors:

analysis of biofluids showed a negative result;
when taking air at least once, the breathalyzer showed less than 0.16 mg of ethanol per liter.

Act

The document in form 307/у-05, containing 18 points, in 2019 becomes the only one normative act, confirming whether a person is sober or drunk. The paper is filled out during the test with a narcologist/paramedic:

Information about the person being checked is entered on the basis of a document confirming the identity of the citizen or a protocol. The name of the doctor, the name of the medical institution, and the date of the inspection are recorded.
The basis for sending a citizen for a medical examination of intoxication is a protocol of refusal/disagreement with the results of the test on the spot, symptoms of intoxication.
In paragraphs 6 to 10 and 13 to 15, the doctor describes the results of the external examination, breathalyzer indicators, and analyzes of the citizen’s biofluid.
In sections 11 and 12, according to the subject, his diseases and medications taken are indicated. This point is important because some medications leave traces in the blood/urine similar to those characteristic of narcotic substances.
The conclusion contains generalized results of the check: whether the state of intoxication has been established, whether the driver refused to be examined (this happens if he refuses at least 1 test or attempts to subvert the tests).

The pages are numbered, certified by the doctor’s signature and the seal of the medical institution. The intoxication examination report is drawn up in three copies: for the car owner, the inspector and the laboratory. When determining the driver's sobriety, the traffic police officer is obliged to take him back to the car. Intoxication is a reason to take the car to a special parking lot, and submit the resulting protocols and acts to the court.

Repeated medical examination of intoxication

The procedure may need to be repeated when the motorist does not agree with the doctor's initial decision. To re-pass the inspection, the driver does not need to obtain permission from the inspector. You need to go to a private clinic and take the same tests (the sooner the better). According to current legislation, the traffic police inspector himself can refer the detainee for repeated examinations. If a test performed on a breathalyzer or other devices shows that the driver is drunk, then the procedure should be repeated after 15-20 minutes.

Refusal of medical examination of intoxication

Not all stopped drivers agree to be tested for intoxication, although this procedure is very important. According to the new law, it is impossible to refuse the examination. For this, the car owner will face punishment in the form of a fine or deprivation of his license. The rules of the Code of Administrative Offenses of the Russian Federation (Article 12.26) establish the following consequences upon refusal of examination:

fine up to 30,000 rubles;
deprivation of the right to drive a car for 1.5-2 years with confiscation of a driver's license.

The punishment is imposed by the magistrate's court. If a citizen who refused to be checked at a medical institution or PPMO (mobile medical examination point) did not have the right to drive vehicle, the punishment will be one of the following:

fine up to 30 thousand rubles;
arrest for 10-15 days.

If the driver does not agree to undergo testing by a narcologist or the test shows that the person is drunk, the state inspector is obliged to detain the car and place it in the parking lot. The procedure for detaining a car involves drawing up a protocol, which includes information about the driver, official, information about the organization transporting the car to the parking lot, the reason, time and date. The citizen must sign the protocol, otherwise a note of refusal is made on the paper.

In the absence of the driver, the document is drawn up with 2 witnesses or video recording. The car owner remains in possession of copies of the following documents:

on-site inspection report;
protocol for suspension from driving;
act in form N307/u-05;
directions for medical tests, signed by traffic police officers, the driver and witnesses;
when determining the driver's drunkenness, a copy of the protocols on the detention of the vehicle and on the administrative offense.

The package of listed documents must be compiled in accordance with the law, otherwise the court may remove them from the evidence base in the case under consideration. If a citizen’s actions are recognized as a criminal/administrative offense, the driver is responsible for own funds buy a car from the parking lot, having previously reimbursed the costs for its transportation. When the case is closed or the detainee is found not guilty, all expenses fall on the federal or regional budget.

Video

Many people with disabilities do not understand the need for a re-examination procedure, especially in the case of a disability assigned in childhood or associated with severe irreversible changes in the body. Repeated examination is necessary not only to confirm a previously established disability, but also to adjust the rehabilitation program and monitor the dynamics of changes in health status. Re-examination of a child’s disability is especially important for the organization optimal conditions his life and rehabilitation. The developed rehabilitation system allows for maximum integration into the life of society.

In addition, a group 3 disabled person receives monthly benefits, benefits and other payments, which greatly facilitates the solution of many problems that a sick person faces. For other disability groups, the value state support even more significant. Therefore, the re-examination procedure is important point in the life of a person with disabilities.

Procedure and terms for re-examination of disability

Re-examination takes place in accordance with the established procedure with a frequency determined depending on the disability group. Currently in effect following rules going through this procedure:

A disabled person of group 3 is required to undergo re-examination once during the year.

A disabled person of group 2 must come for re-examination 1 time during the year.

Disabled people of group 1 must undergo re-examination 2 times during the year.

Disabled children undergo the procedure once before the end of the period for which the disability is determined.

In case of permanent disability, re-examination can be completed by writing an application in person or on behalf of legal representative. In addition, the institution providing medical and preventive care may also refer for a disability re-certification procedure if there is a change in the patient’s health status.

You can go through the procedure in advance, but to conduct a re-examination earlier than two months before the end of the disability period, you must have a personal statement or a referral from a medical organization that monitors the progress of the citizen’s illness.

The re-examination procedure is also carried out at home. To do this, it is necessary for the attending physician to make special marks in the direction.

Main and Federal Bureau of Medical and Social Expertise

Re-examination of the disability group is carried out on the basis of a medical and social examination, which is carried out free of charge in the bureau of medical and social examination at the place of residence, the main bureau and the Federal Bureau.

The federal government institution “Main Bureau of Medical and Social Expertise” (FKU GB MSE) is a regional service for conducting examinations, as well as providing a range of services for rehabilitation and health restoration.

FKU GB MTU performs the following functions:

Organizes a re-examination in case of filing an application to appeal the conclusion of the expert commission to the bureau at the place of residence.

Conducts MSE in situations where a special medical examination is necessary.

Performs statistical analysis of data on the number and demographic composition of citizens with disabilities who contact the bureau.

Develops measures to prevent disability.

Controls the activities of each bureau.

Federal Bureau of Medical and Social Expertise (FB ITU) is federal Service conducting an examination, as well as providing a range of services for rehabilitation and health restoration. In addition, the tasks of the FB ITU include ensuring high-quality prosthetics.

The Federal Bureau organizes control over the activities of other bureaus, can appoint and carry out repeated examinations, change or cancel decisions made by employees of other bureaus.

Citizens who do not agree with the conclusions of the commissions of the main bureaus can file a complaint with the Federal Bureau, where a new examination will be ordered. Here, ITU and consultations are carried out on the direction of the main bureaus in situations where it is necessary to obtain its expert opinion or it is necessary to carry out complex look medical examination.

Medical and social examination procedure

The examination procedure is organized by employees of the bureau's expert group. The person who applied for the examination is examined, his social, everyday, psychological and labor characteristics are examined. Medical documentation of the disease is studied. Based on an assessment of all the data received, a decision is made to establish disability, extend it, or change the disability group.

If, as a result of the commission, an improvement in the health, ability to work and social adaptability of a citizen was revealed, then the disability group can be changed. A disabled person of group 2, in case of improvement in health indicators and living conditions, may receive, during re-examination,

The commission’s conclusion is announced to the citizen in the presence of all members of the expert panel and is included in the report on the examination performed. The document also contains a number of information and certificates on the basis of which the conclusion was made.

If necessary, additional examinations are prescribed, carried out at a medical organization or the Federal Bureau. In a situation where a citizen refuses the program additional examinations this information is noted in the act, and a decision is made based on the available information.

The examination procedure can be carried out at home if, due to health conditions, a person cannot come to the office. This requires a decision from the relevant bureau or a referral from the medical institution where the citizen is being observed, or from the hospital where treatment is provided.

Conclusion of ITU specialists

The ITU conclusion is the result of the work of the expert commission. The composition of the commission’s specialists depends on the bureau and its profile. The examination of the main bureau is carried out by four doctors of different profiles, an expert in rehabilitation work, and a psychologist. The staff of the bureau at the place of residence includes the same specialists as the main bureau, but the number of doctors of various specialties is smaller (three medical workers). The commission staff makes decisions based on a majority vote.

The composition of the expert commission depends on the head of the bureau, who decides on the participation of a particular specialist in the ITU procedure. Also, a citizen sent for examination to the bureau has the right to attract additional experts, but subject to payment for their work. The decision of these panel members will influence the final conclusion of the ITU.

ITU specialists draw up a conclusion based on the provided medical documentation, after examining the citizen, and discussing all the information received collectively. After announcing the decision, the commission’s experts provide explanations on the conclusion made to the citizen who contacted the bureau.

Appealing ITU findings

In a situation where the decision of the bureau's expert commission during the re-examination of disability seems unfounded, you can file an appeal with the bureau at the place of residence where the examination took place. During three days the application will be sent to the main bureau, where a conclusion will be issued based on the results of the new examination. In a situation of disagreement with the conclusion of the main bureau, an appeal is sent to the Federal Bureau. In connection with the appeal, a re-examination and the final decision is made.

The conclusion of the federal bureau can only be appealed in court.

To appeal the bureau's conclusion, you must write a statement indicating:

Names of the specific bureau for consideration of which the application is sent.

Personal data (last name, first name, patronymic, residential address, contact information) of the applicant.

Personal data of the representative.

The subject of the complaint about the examination performed.

Requests for a re-examination procedure.

Application submission dates.

How to pass the ITU?

Based on the results of the re-examination, the disability is extended or removed, the disability group is changed, which entails a change in the IPR, the amount of benefits and allowances.

To successfully pass the examination, it is important not only to collect all the necessary documents and test results, but also to prepare psychologically for the procedure. The decision is made by members of the expert panel based on an assessment of disability, while important role plays a role in the impression that a citizen makes on the members of the commission. Therefore, you should not behave aggressively or be offended by incorrect questions. You should answer calmly and accurately. In this case, the reaction of embarrassment to the question will be much better than impatience and anger. Some of the most frequently asked questions that you need to be prepared for include:

Questions about the course of the disease.

Questions about ability to work (availability of work, comfortable working conditions, etc.).

Questions about the treatment being carried out (undergoing IPR procedures, reasons for refusing recommended types of diagnostics, etc.).

Questions related to the functioning of the body.

Questions about the financial condition of family members, in order to identify the possibility of the patient’s participation in expensive rehabilitation programs that are not subject to government subsidies.

Re-examination of disability, documents required for ITU

To undergo re-examination of disability, you must have a passport of a citizen of the Russian Federation, work book, referral from for the examination procedure, outpatient card, IPR with instructions for implementation. You must also write and take with you an application to the head of the bureau for re-examination. If during the year before the re-examination procedure consultations with specialists were carried out or treatment was carried out in a hospital, then the relevant documentation must be provided by an expert specialist. It is better to make copies of some documents to provide if necessary.

Disabled children undergo the re-examination procedure in almost the same order as the initial examination. List necessary documents the same, but a certificate of disability and IPR is added. When re-certifying a child’s disability, the following must be present:

Child's birth certificate or passport (if the child reaches 14 years of age).

Outpatient card.

Certificates of education received or certificates from where the training took place.

Conclusions of specialized specialists, extracts from hospitals.

A document confirming disability;

Extension of disability

Before extending your disability, you must contact a medical institution at your place of residence. It is necessary to have a passport, medical insurance policy, ITU certificates on establishing disability, outpatient card, discharge from the hospital (if treatment took place there), IPR. Medical worker will issue a referral for examination, as well as for necessary procedures and taking tests. You need to visit the office and make an appointment for the closest date to the end of your disability period for re-examination. After this, you need to contact your doctor for the underlying disease, who will give an opinion for the expert commission. You are also required to undergo examination by two specialized specialists, to whom your local physician will refer you. After receiving the test results and undergoing consultation with all doctors, you should again come to see the therapist, who will enter the data into the certificate and issue a referral. Then, with all the certificates and copies of the main documents, you can go to the ITU procedure.

In case of refusal to extend disability, a certificate is issued indicating the result of the examination and the grounds for refusal. The bureau's decision can be appealed to the Federal Bureau or in court.

Re-examination of childhood disability

Re-examination of a child’s disability takes place in a slightly different manner than for adults. One parent must be present. The list of required documents differs. In addition, a disability group cannot be established, since childhood assigned the general category “disabled child”.

To undergo the procedure, a referral from a medical institution is required. The re-examination takes place no earlier than two months before the expiration of the disability, but no later than the specified date of the medical and social examination. Inpatient observation is not necessary to prolong a child's disability. The individual rehabilitation program is also of a recommendatory nature; the implementation of all the activities specified in it is not a prerequisite for re-examination of disability.

Very often, upon reaching 18 years of age, re-examination recognition of ability to work occurs. This is due to the fact that when installing adult disability the main focus is not on violations of body functions, but on assessing the ability to move independently, self-care, labor activity etc.

Disability without re-examination

There is a list of diseases for which disability is established without specifying the period for re-examination.

Such diseases include:

Diseases of internal organs.

Neuropsychiatric disorders.

Anatomical defects.

Eye diseases.

In this case, disability without re-examination is established no later than two years after the initial recognition of disability for diseases on this list.

Disability can also be established without re-examination if the expert commission has identified the impossibility of improving the health status, rehabilitating a person and reducing the limitations of his life activities. In this case, no more than four years must pass after the initial disability examination.

In order to establish disability without a period for re-examination, there must also be no positive dynamics in rehabilitation carried out before the appointment of MSA. The relevant data is indicated in the referral for examination.

In addition, the re-examination procedure is not prescribed for women after 55 years of age and men after 60, and permanent disability is established.

According to social protection specialists, it is better to undergo re-examination even in the case of permanent disability, in order to promptly identify deteriorating health conditions or the need to replace a prosthesis.

If the federal bureau checks the decisions of the main bureau, then in case of disability without a period for re-examination, an ITU may still be assigned.

Failure to appear for re-examination of disability

In case of failure to appear for the medical and social examination procedure, the payment of the pension will be suspended for three months. If, within the specified period, the medical and social examination services confirm disability, pension payments will resume from the date of re-recognition of disability.

In a situation where re-examination was missed due to good reason, payment of pensions will be assigned from the date of re-certification of disability, including payments for missed deadlines. The length of the period during which pension payments were not made does not matter. Moreover, if the expert commission establishes a different degree of disability, then payments for the missed period will be made according to the previous calculation system.

Resumption of payments is made automatically after receiving Pension Fund relevant documentation, which is sent by a specialized medical and social examination service and confirms the re-examination procedure carried out.

Medical examination refers to the study and assessment of the health and physical development of conscripts in order to determine their suitability for military service. Violations of citizens' rights during medical examinations are one of the most common and widespread types of violations in all subjects of the Federation without exception where monitoring was carried out. Such violations have serious Negative consequences, since conscription into the army of citizens who are unfit for military service due to health reasons not only violates the right of these citizens to health care (and in some cases, to life), but also significantly undermines the combat effectiveness of the Russian army and destabilizes society.

The armed forces are replenished with military personnel who are objectively unable to fully perform the duties of military service. As a result, their existing diseases often worsen and reach a degree at which disability (and in some cases even death) can occur. Subsequently, these military personnel cannot always become full-fledged citizens of society. If a serviceman is discharged early from military service for health reasons, he is entitled to insurance payments, and if within a year he is declared disabled, additional payments, which are carried out from the budget.

Monitoring from 2013-2015 once again demonstrated that citizens are poorly informed about the medical grounds for granting deferment and exemption from military service, they do not know in which document they are recorded, or how to get acquainted with this document. Families often lack financial resources for full examination and treatment. Plays a significant role

lack of medical facilities in rural areas populated areas and remoteness of hospitals. But the main thing here is the lack of a culture of concern for the health of children and the naive belief of parents that a medical examination at the military registration and enlistment office will reveal all diseases, and the young man, if this corresponds to his state of health, will be exempt from conscription.

Due to socio-economic reasons in last years There is a significant deterioration in the health of citizens of military age. At the same time, complaints from conscripts about poor health are often ignored (as well as medical documents provided by conscripts confirming the presence of diseases that prevent them from performing military service). Often, conscripts hear standard answers: “You’ll go to serve anyway!”, “Everyone serves with this,” “If you don’t conscript with such a disease, there will be no one to serve” ().

As revealed in almost all regions where monitoring was carried out, the determination of the category of suitability for military service based on medical indicators often occurs without the necessary thoroughness, often in the absence of medical documents reflecting the health status of the conscript (including without studying an outpatient card, without conducting a fluorographic examination). chest examination, blood test, urine test, electrocardiographic study, etc.). This practice is illegal, since according to the “Instructions on the procedure for conducting medical examinations, examinations (treatment) of citizens of the Russian Federation upon conscription for military service and medical and recreational activities among citizens who have received deferments from conscription for military service for health reasons” (hereinafter - Instructions ), before the start of each conscription, the military commissar of the district must request information on conscripts from medical institutions and request from medical institutions lists of persons registered at the dispensary.

A medical examination of conscripts cannot be carried out without a fluorographic examination of the chest organs, blood tests, urine tests, and electrocardiographic studies. Without these results mandatory studies The senior doctor should not make a decision on determining the category of fitness for military service. These studies must be carried out no earlier than 30 days before the examination. They naturally form the basis of any decision about a citizen’s fitness for military service for health reasons. However, there are cases when draft commissions made a decision on conscription without waiting for the results of mandatory medical research or without directing conscripts to them at all ().

Conscripts' medical examination is often formal and superficial, in violation of the Schedule of Diseases contained in the Decree of the Government of the Russian Federation of February 25, 2003. No. 123 “On approval of the Regulations on military medical examination” (hereinafter referred to as the Schedule of Diseases), and is not accompanied by a comprehensive and in-depth study of their health status ().

In addition, employees of military commissariats often do not take into account the medical documents of conscripts, which contain diagnoses that exempt them from conscription ().

Often, employees of military commissariats, under various pretexts, unreasonably send conscripts who have medical documents with diagnoses that exempt them from conscription for military service, for additional examination. As a result of such surveys, not only is the previously significantly underestimated established diagnosis, but also applied serious harm the health status of the conscript (in case of referral for repeated x-rays, for example) ().

It is not uncommon for conscripts to be sent to city (district) military commissariats for a repeat medical examination for the same disease. In order to mislead conscripts, employees of military commissariats call this procedure“control medical examination”, although it is not such. According to clause 22 of the Regulations on military medical examination, approved by Decree of the Government of the Russian Federation of February 25, 2003 No. 123, the conscription commission of a constituent entity of the Russian Federation organizes a control medical examination of citizens who have received a deferment or exemption from conscription for military service for health reasons. By decision of the draft commission of a constituent entity of the Russian Federation, a control medical examination of citizens who have received a deferment or exemption from conscription for military service for health reasons can be carried out in absentia by examining their personal files and medical documents. If necessary, an in-person control medical examination of these citizens is carried out.

Medical examination and control medical examination are carried out by doctors - members of the draft commission of a constituent entity of the Russian Federation. Thus, a referral for medical medical treatment to the city (district) military commissariat is essentially a repeat medical. examination, which is not provided for anywhere in the legislation ().

At the same time, in many regions, cases of refusal to send conscripts for additional examination to a medical institution, when this is necessary to determine the issue of fitness for military service for health reasons, are common. This is also a violation of the law, since according to paragraph 4 of Art. 5.1 Federal Law "OVOiVS", if it is impossible to give medical report on a citizen’s suitability for military service directly upon undergoing a medical examination, the law provides for the possibility of sending a conscript for an inpatient or outpatient examination to a medical organization ().

The conclusion “fit” without a referral to a hospital for examination, that is, without an in-depth medical examination, is accepted very often, even in the case of complaints from conscripts that are ignored. At the same time, paragraph 4 of the Regulations on Military Medical Examination directly states that military medical examination involves conducting an examination and examination. During the examination, a complex diagnostic measures carried out through the collection and analysis of citizen complaints, data from his anamnesis and examination, conducting laboratory, instrumental, morphological and other studies preceding the examination in order to determine the citizen’s suitability for military service ().

In a number of cases, a proper medical examination was not carried out at all, and the conscript was immediately given a deferment in connection with training, despite the fact that, in accordance with clause 5 of the Decree of the Government of the Russian Federation of November 11, 2006 N 663 “On approval of the Regulations on conscription of citizens of the Russian Federation for military service ", conscripts are subject to mandatory medical examination in accordance with the Regulations on Military Medical Examination. According to paragraph 13 of this Resolution, the draft commission makes a decision regarding a conscript (including granting a deferment from conscription for military service) only after determining his category of suitability for military service. If the fitness category is not conscription, then in this case a decision should be made on exemption from conscription for military service, and not on granting a deferment ().

As monitoring has shown, citizens have many complaints about the objectivity of conclusions about the fitness of conscripts by military medical commissions of a constituent entity of the Federation, and other violations in their work.

Clause 2 of Article 29 of the Federal Law “OVOiVS” determines that the conscription commission of a constituent entity of the Russian Federation carries out a control medical examination of citizens who have received an exemption from conscription for military service for health reasons. She has the right to cancel decisions of lower draft commissions, as well as make any decisions within their competence. Often these powers are used by higher commissions in order to implement the conscription plan, regardless of whether the rights of conscripts are violated or not. Yes, that's enough a common occurrence in 2013, there was an unjustified cancellation of decisions of lower-level draft commissions and a change in the eligibility category by the draft commission of a constituent entity of the Russian Federation ().

It should be noted that such a practice of canceling decisions on exemption from military service by conscription and changing the category of fitness by the draft commissions of a constituent entity of the Russian Federation is illegal, since according to Art. 29 of the Federal Law “OVOiVS”, the conscription commission of a constituent entity of the Russian Federation organizes a control medical examination of citizens who have received an exemption from conscription for military service for health reasons. According to paragraph 3 of Art. 29 Federal Law "OVOiVS", the draft commission of a constituent entity of the Russian Federation has the right to cancel the decision of the commission of first instance based on the results of a control medical examination and medical examination. In this case, cancellation of the decision of a lower-level PC is possible only based on the results of additional examinations that show a different result. In addition, all documents confirming the presence of diseases must be taken into account by the draft commission of the constituent entity of the Russian Federation ().

A separate violation is changing the fitness category to KMO in absentia, without the appearance of the conscript, which must be ensured by the department of the military commissariat at the place of residence (). A serious problem in some regions is the location of the military medical commission of a constituent entity of the Russian Federation directly at the assembly point. This arrangement determines the access of conscripts only through a checkpoint, mixing conscripts examined before being sent to the troops and those in respect of whom the correctness of decisions of city (district) medical commissions is monitored. There are fears among conscripts that such an arrangement could be used to force them to leave after a decision has been made by the military medical commission at the assembly point for sending to the army).

It is not possible to accurately determine the scale of the above problems, which can serve as the topic of a separate comprehensive study, in this report, but it is obvious that these phenomena are far from isolated in nature. On January 1, 2014, a new version of Decree of the Government of the Russian Federation No. 565 came into force, which approved a new Schedule of Diseases, which significantly reduces the health requirements for young people conscripted into the army.

In particular, the conscription of young men with such diseases as: unilateral persistent dry perforations was allowed eardrum, adhesive otitis media, tympanosclerosis, as well as with conditions after radical surgery or thymnanoplasty performed 12 months or more ago open type on one ear with complete epidermization postoperative cavity; suffered a stroke with a recoverable neurological deficit; heart defects - defects interatrial septum, aneurysm, open oval window without blood discharge; scoliosis of the second degree, if the conscript cannot prove the presence of spinal dysfunction; retinal rupture (if there are no concomitant disorders of eye function); flatfoot II degree; with a single epileptic seizure history (more than 5 years); weight loss in the absence of diseases.

Such a relaxation of the requirements for the health of citizens sent for military service (which involves significant additional stress on the body) may lead to an increase in the number of diseases among conscripts, as well as cases in which early dismissal from the army is necessary due to poor condition health (