home Endocrinology Repeated medical examination. What is a medical examination? How does the medical examination procedure work?

Repeated medical examination. What is a medical examination? How does the medical examination procedure work?

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 not fit for military service due to health reasons military service, 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 medical indicators often occurs without the necessary care, often in the absence medical documents, reflecting the health status of the conscript (including without studying outpatient card, without fluorographic examination of organs chest, 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 the results of these mandatory studies, the senior physician 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 seriously harms the conscript’s health (in the case of being sent 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. Employees of military commissariats, in order to mislead conscripts, call this procedure a “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 during 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 draft 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 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 of the 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 the lower-level PC is possible only based on the results additional examinations, which showed 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. Came into force on January 1, 2014 new edition Resolution of the Government of the Russian Federation No. 565, 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 surgery 12 or more months ago radical surgery or thymnanoplasty open type on one ear with complete epidermization of the 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 history of a single epileptic attack (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 (

Almost every Russian motorist has an idea of how traffic police representatives stop drivers and check them for the presence of alcohol in their blood, and also send them for a medical examination.

Today our material is devoted to the basis on which it can be carried out, how everything should happen, you will understand how you can be deceived and forced to pay a fine, as well as the procedure for repeated medical examination, which can confirm that you were driving while sober . We will also provide relevant excerpts from legislative framework RF, so that you know for sure what rights you have in such a situation.

Referral for medical examination

First you need to understand what it means this concept. According to Federal Law dedicated to the protection of the health of citizens, a medical examination is a set of examinations and studies by medical workers that are necessary to confirm a person’s condition, which, in turn, may lead to the onset of significant consequences With legal point vision.

There are two types of inspection:

on the state of the motorist's road service employee in terms of alcohol intoxication;
medical examination in laboratory conditions.

So, if you do not agree with the results of the examination and medical examination, you can insist on a second medical examination, but we will return to this issue later.

When your vehicle is stopped by a traffic police officer, he must provide compelling reasons why he considers you drunk and requires a blood alcohol test. Signs of alcohol intoxication, according to the law, are as follows:

appropriate odor from the mouth;
inability to stand still;
speech problems;
trembling hands and fingers;
sudden change in skin color on the face;
suspicious or challenging behavior;
the presence of alcohol in the air near the inspection site, which is determined using special devices.

After a traffic police officer has identified at least one of the signs, the driver of the car is removed from driving it.

Reasons and indications for removal from driving

According to the relevant legislation of the Russian Federation, a person who drove a vehicle allegedly while intoxicated must be removed from driving until the reason for such a decision is eliminated, that is, sobered up or until he is examined for the presence of alcohol in the blood.

It is worth noting that starting from last year, legislation stipulates that the removal of a person from driving a car must be carried out in the presence of two witnesses or by video recording the moment of removal.

Witnesses sign the protocol, thereby confirming their presence during the procedural action and are familiar with its content and results. And if there is no one to bring in as witnesses, a recording is made on an electronic medium, which is also recorded in the protocol or in the act of examining the state of alcohol intoxication of the car driver. In this case, video materials must be attached to the protocol or act.

When a driver is removed from driving a car, a protocol is drawn up, and he must be given a copy of it. A protocol is also drawn up with a referral for an alcohol test. It is essential that the condition survey instrument be tested and approved in advance.

Alcohol testing by a traffic police officer

The examination procedure begins after the driver has been removed from driving his vehicle. During the procedure, either witnesses must be present, or the procedure must be video recorded. The measuring device must be certified and included in a special register of measuring instruments at the state level.

The device must determine:

the amount of alcohol in a person’s breath;
quantitative determination of alcohol in biological objects.

The examination procedure takes place directly at the place where the driver is removed from driving his car. If there is no technical device for measuring alcohol on site, and there is no suitable place To carry out this procedure, everyone should go to the nearest traffic police post, where all the technical capabilities are available for it and the device itself is available.

Device requirements

The traffic police officer undertakes to show the driver the integrity of the measuring device and find a stamp on it; in addition, the data on the verification performed should be entered in the passport of the technical device.

We also must not forget about possible errors in terms of the indicators of the measuring device and take them into account when compiling a record of the driver’s condition.

According to the instructions for the device, a road service employee must take samples of the air inhaled by the driver. Next, the device’s indicators determine whether there is alcohol in the driver’s blood or not, taking into account the permissible error.

According to the law, the use alcoholic drinks or drugs that lead to intoxication are strictly prohibited before a person gets behind the wheel. If the measuring device reveals that the driver has consumed alcohol in a concentration that exceeds the maximum permissible error by 0.16 mg per liter of air or narcotic or psychotropic substance, the driver is subject to administrative responsibility, about which, at the end of the procedure, a report is drawn up, which must be signed by all those present during the inspection:

the inspector himself who carried out the procedure;
accused;
witnesses (if they are present).

If the accused does not agree with the results of the examination, a special entry is made in the report, according to which a repeat medical examination is ordered, which will finally confirm the person’s condition.

The results of the event in paper form with the signatures of all parties present are attached to a document, which can be of two types:

an act of examining a person’s condition for alcohol;
a decision to terminate the proceedings on a violation if there are negative indications on measuring a person’s condition.

A copy of the document in paper form must be given to the person in respect of whom this procedure was carried out.

How does the medical examination procedure work?

If for one reason or another you are not satisfied with the results of the examination, you can conduct the study again, but with the participation of medical professionals, who will conduct a more complete examination of your current condition. There are the following grounds for conducting a medical examination, provided for by the law of the Russian Federation:

if the driver refuses to undergo an alcohol test by a traffic police officer;
if you disagree with the results of the examination carried out at the site of the transport stop;
if the device showed negative data for the presence of alcohol, but the traffic police officer has sufficient reason to believe that the driver was drunk or under the influence of drugs;
if there is a reason to declare an administrative offense against the driver;
if the driver is suspected of committing an unlawful act aimed at endangering traffic on the road by other participants or related to the use of transport.

If there are certain grounds for repeating the procedure, a protocol is drawn up with two witnesses. The police officer is also obliged to establish the driver’s identity if this was not possible before.

After drawing up the appropriate protocol and signing it by all parties, the driver is sent for a medical examination. If the driver independently refused the on-site examination or did not agree with his data, you should make sure that in this case there are signatures of witnesses. Then the driver, in the presence of the inspector, must proceed to the place of examination.

Medical examination should be carried out in a specialized medical institution, which is licensed to provide medical services or in a mobile medical center that meets all the requirements provided by the Ministry of Health and the Ministry of Social Development.

If the results of the examination establish that the driver did not drink alcohol or drugs, then the traffic police officers undertake to take him to the location of the car or to the place where he was suspended from driving and return the vehicle.

The requirements for a medical certificate are:

When the procedure is carried out, the doctor draws up a conclusion about the person’s condition at the time of the procedure. The document is an act that includes one of the following wordings:

the person’s state of intoxication has been established;
condition is normal, no alcohol detected.

When determining intoxication, the specialist does not note the substance that caused the intoxication.

It is worth noting that if the traffic inspector wanted to force you to pay a fine, then he is unlikely to agree to a re-examination in the presence of a specialist. But if, after all, you are sober and you are taken for a second examination, then too much time will be spent.

Is it possible to have a repeat medical examination?

In some cases, it happens that the driver is completely sober, but a medical examination still indicates that he is drunk. It is likely that everything is not so simple here, and the inspector and the medical worker may simply be at a loss. Sometimes in court to prove your case in similar cases does not seem possible. What to do then?

Don't worry, it's better to take your copy of the protocol and get ready for the trial. In particular, you need to enroll in a paid licensed medical institution that you probably trust and undergo a second medical certificate there. Moreover, this must be done on the same day and within the first two hours after the first examination, although according to the law the deadlines are not regulated, but the sooner you do this, the more it will be in your interests in court.

If you drank and the result, as expected, is appropriate, be sure to keep the certificate of the examination, it will be useful to you in court and be sure to consult with an experienced lawyer before the hearing. After this, you should pick up your car, which was seized by the traffic police after being removed from its control.

As for the court, get ready for the judge to be interested in the following points:

why did you refuse to go with the inspector for the inspection for the first time;
how much time passed between the refusal and the moment of passing the examination at the driver’s request;
to what extent all the rules of the procedure were followed.

Naturally, the answers to these questions are not as simple as they may seem, and their incorrect formulation can lead to another type of punishment for refusing an examination or driving a car in drunk. That is why do not skimp on the services of a good and trusted law firm, whose representative will help you win your case if you have the results of a second medical examination.

Refusal to undergo examination

The issue of refusal is very relevant for many motorists, since many believe that the examination as such violates human rights, especially if he is sober and there are no compelling reasons for such a procedure. However, this is not at all the case, and such a check is really needed, so the principled approach of many motorists in this matter ended up playing a bad joke on them: many were fined huge sums and even deprived of their driver’s licenses.

It is worth noting that repeated refusal to undergo examination is not subject to a fine, but that is for now. Over time, it is planned to introduce sanctions for this type of violation. And now there is an administrative penalty for each refusal of the procedure and sending the car to a special parking lot.

So let's mark two key points, on the basis of which it is better not to refuse a condition examination altogether:

intoxication may not be alcoholic, but narcotic or toxic, which must be checked using an appropriate device. The inspector does not always understand that you simply good mood or you smile just like that;
You have the right to refuse an examination in the form of “breathe into a tube,” but you no longer have the right to refuse a medical examination.

If you refuse this procedure, the law provides for the following types of penalties:

upon the first refusal, the right to drive a vehicle is canceled for 1.5-2 years;
after the first refusal, a person is subject to penalties in the amount of 30 thousand rubles;
If you refuse again if you do not have the right to drive a car, you will be fined 50 thousand rubles or arrested for 15 days.

By the way, during the trial it is worth remembering that the grounds for suspecting a person of intoxication are agreed upon at the legislative level, and if you did not show signs of intoxication when stopped (did not sway, did not stumble), this is also worth mentioning. This is especially suitable if there are outside witnesses to your conversation with the inspector.

What to consider during the examination

So, as already mentioned, inspectors are different and may not stop you with good intentions. Therefore, in order not to be deceived, your actions when stopping your car should look something like this:

after you are stopped, be sure to ask the inspector to show his official document. He is not obliged to give it to you, but must unfold it so that you can read what is written. If he refuses to do this, feel free to call the police and report that the traffic service officer refuses to perform the action provided for by the regulations of the Ministry of Internal Affairs of the Russian Federation;
even if you drank some beer a couple of days ago or earlier, do not tell the inspector about it. This alcohol no longer counts, but for a dishonest traffic police representative this is another reason to send you for examination and “pressure”;
you have the right to refuse an examination on the spot, and you can safely demand a medical examination, especially if the policeman confuses you in some way. If he refuses to take you to a medical facility, this is suspicious, you can call the police;
do not forget that if you agree to a quick examination, witnesses must be present or recorded on video. Check this before carrying out the procedure, and the entire check must be recorded in a special protocol;
The breathalyzer with which the test will be carried out must issue a receipt with the results and time of the procedure. Modern devices can make several copies, which must be signed by the witnesses present.

What is suspicious:

absence of witnesses and refusal to film the procedure. As a rule, the inspector finds “understandable” people after the fact, and their signatures are put on the document, accordingly, you find yourself guilty and nothing can be proven;
if there are no witnesses and the inspector says that there is no equipment for shooting, offer yours mobile phone, you can even without an announcement.

The alcohol measuring device must have a stamp on it that allows you to verify that it has passed the test. Also, at your request, the police officer is obliged to provide you with a certificate for it and the original document on its verification.

If these documents are missing, you can use your phone camera to record the violation and contact the police.

How to undergo an initial examination

It is worth noting that the breathalyzer is equipped with a disposable mouthpiece, which the inspector must print out in front of you and install it on the disconnected device. The alcohol meter turns on only after the mouthpiece is fully attached to it. When turned on correctly, a test is performed to check the air and analyze it.

Next, you should wait for the moment when a message about the absence of alcohol appears on the device screen, and if you are sure that you did not drink, and the display shows even the minimum level of alcohol, then you have the right to demand that the mouthpiece on the device be replaced or ask to be directed to re-examination in the presence of a medical professional.

When you are then given the opportunity to fill out a report, be sure to indicate that you do not agree with the conclusions of the police inspector and have not consumed alcohol in the last 24 hours. It is imperative to indicate the date and time of filling out the document so that the police officer cannot correct them in his own interests.

If during the test the alcohol exceeded the level of 0.16 mg per liter, then you are subject to punishment in the form of one or another administrative liability. But if the level shows below 0.3 ppm, then you are considered sober and you must be checked additionally by a doctor.

It is advisable to request a re-examination at the clinic rather than breathing into a tube again. During the first examination, the inspector is obliged to give you a copy of the printout about the examination, do not forget to pick it up.

How can you be dissuaded from being examined?

Of course, dishonest inspectors are not interested in you undergoing a second examination, especially if they do not have “their” person in the clinic and they used certain tricks during the test. Therefore, in such cases, such an inspector will be all possible ways discourage you from having a re-examination by a medical specialist.

Thus, according to the law, if you refuse an initial examination using a breathalyzer, you are obliged to demand that it be carried out in a medical institution, but not refuse to conduct it completely.

To deceive you and issue a fine, a traffic police officer can perform the following actions, be vigilant:

so, you were tested through a breathalyzer, and it showed negative result that you are sober. After this, the traffic police officer gives you a document stating that you refuse the procedure at the medical institution and a second check is not needed. If he does this, then it’s better to waste your time and go through the test again. Otherwise, you will then not prove the fact that there was a check initially, or he will provide incorrect results;
for some reason you do not want the examination to be carried out by the inspector himself, and you demand that it be carried out by a medical worker in a specialized institution. However, he formalizes such a completely legal requirement as a refusal to undergo an examination. Such a traffic inspector works dishonestly, remember this;
Make sure that after conducting the examination on site or in the clinic, the inspector fills out a report and you are required to sign it. Otherwise, he will indicate that you refused to undergo an alcohol test and sign the protocol. It is advisable to photograph or video the process of filling out the protocol with a mobile phone.

If you are sober and do not want to be deceived by a law enforcement official, remember the following:

How to get your license back if you refuse an examination

As mentioned earlier, it is highly not recommended, due to some of its principles, to refuse the alcohol testing procedure. If you don’t want to be checked by an inspector, ask for a doctor, but do not refuse the procedure completely, otherwise the law will subsequently not be on your side.

And if you cannot find a good and experienced lawyer to resolve this case in order to regain the right to drive your car, the case may be completely unsuccessful for you.

It is advisable to contact a specialized auto lawyer who is versed in all the nuances of such cases. The reasons for a positive outcome may be:

presence of errors made by the inspector when filling out the protocol. If a lawyer is savvy in his field, he will easily use them to resolve the situation in your favor;
in addition, even in your absence, he will help you correctly file a petition for the abolition of administrative liability and punishment in the form of deprivation of rights so that higher authorities make a positive decision.

If you are found guilty and a report on the seizure of the car is drawn up, then it is sent to the impound lot. To avoid seizure, you should hand over the car in advance to the person included in the insurance document.

According to statistics for last year, most often the judicial authorities refused to withdraw the right to drive a car if the protocols were drawn up by traffic police inspectors with errors. This applies to protocols such as:

Also remember that another key to your success in such a matter is that before you sign a particular document, you should carefully study it. This way you will protect yourself from unnecessary problems, and even more so from legal proceedings.

How to challenge the need for a medical certificate

This question is often asked by those who completely refuse this procedure, although, as we have already mentioned more than once, this is highly not recommended. After all, if you refuse to undergo an examination, then you automatically agree that you are drunk, and this threatens with criminal punishment in the form of deprivation of your driving license for a period of two years.

What do you need to consider in order to defend your rights? Remember that the inspector is required to draw up three protocols: on removal from driving, on sending for examination, and on detaining the car.

In court, your case may be dismissed if at least one of these three documents is missing. Sometimes inspectors don’t want to bother with paperwork and forget to draw up certain documents, which can later work against them in favor of the driver.

In addition, at the site of the initial examination, the inspector is obliged to familiarize you with the content of the following articles from the Constitution of the Russian Federation:

If all the points from the Constitution were not voiced by the traffic police officer, then this may also affect the outcome of the case. It is advisable to record the entire conversation with the inspector, starting from the greeting, with a phone camera or voice recorder.

Extremely in rare cases Road service employees can bring to administrative responsibility not the driver himself, but his passenger. However, without experienced lawyers, it will be extremely difficult to prove his guilt and such situations practically do not occur in legal practice.

As you understand from the article, an alcohol test and a second medical examination by a doctor are things that traffic inspectors can skillfully speculate, forcing the driver to pay an unnecessary fine. In order not to fall for their bait, you should be extremely knowledgeable in this matter and behave appropriately when such a situation arises.

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. The following rules for this procedure are currently in effect:

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 referral medical organization, in which the progress of a citizen’s illness is monitored.

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 a program of 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 information provided medical documentation, after examining the citizen, 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, and the impression that the citizen makes on the commission members plays an important role. 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 the establishment of 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. It is also required to undergo examination by two narrow specialists, to whom the local therapist will refer. 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. It is of a recommendatory nature and individual program rehabilitation, the implementation of all the measures specified in it is not a prerequisite for re-examination of disability.

Very often, upon reaching the age of 18, upon re-examination, the person’s ability to work is recognized. This is due to the fact that when establishing adult disability, the main attention is paid not to violations of body functions, but to 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 specified period disability will be confirmed by medical and social examination services, pension payments will be resumed 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.

What is an examination? This is a process that includes the inspection of someone or something by competent specialists and the subsequent formation of an appropriate conclusion about the condition of the object being examined. This procedure carried out in three types: technical, criminal procedural and medical. In a specific case, it is the last category that will be considered as the most relevant for people of various professions. The person’s future, his chances of getting a job or proper care, as well as the possibility of financial assistance or compensation for harm caused by exposure to harmful factors on the physiology and psyche.

You should not refuse the initial examination, since in fact it represents a simple entry of parameters human body to the medical data file. In some cases, refusal is accompanied by a fine, although the person cannot be forced to undergo this procedure. Let’s look at what a re-examination is below.

In what cases is this medical procedure performed?

A medical examination is carried out in a number of cases, for example, once every three years when registering for military service or to determine the level of alcohol intoxication. Only the person being examined can refuse the examination. However, there are many cases where, for one reason or another, doctors or inspectors force a person to refuse an examination under various pretexts. Such behavior medical personnel is illegal, and each specific case is subject to trial in court. Only an experienced lawyer can help with this problem, since in practice there are far from isolated cases when not only refusals occur, but also initial and repeated examinations are carried out incorrectly.

The examination is necessary for the possibility of receiving benefits and allowances, reducing demands at work or transferring to another position, temporary suspension from professional activities for a good reason ( serious disease). As a rule, a medical examination is a mandatory procedure in many cases. For example, without it, a driver will not be able to obtain a license, and an applicant for a job in law enforcement without an extract from a drug dispensary and a psychiatrist’s certificate simply will not be able to get any position.

When is re-examination carried out?

Depending on which organization is required to provide a medical report, the citizen is sent to the local health care institution with an application for passage or a referral. Re-examination is carried out if this condition established by law. For example, a medical certificate is required to work in mines. Future law enforcement officers will also have no escape from this. Drivers are also subject to similar checks. Vehicle. The latter are registered with a special organization. They may be required to undergo a second medical examination if they are caught by a police officer driving under the influence of alcohol or drugs. Persons liable for military service have a special deadline for undergoing a medical examination. There are many other directions in which the described procedure is carried out. This circumstance is legalized by certain regulations.

The category of disabled people is subject to repeated medical examination, which also includes people who are temporarily incapacitated, for example, those who were injured or survived an accident. The examination can be repeated again through the court, which will appoint a special commission. If the experts confirm the plaintiff’s arguments, his application will be considered positively.

Examination at the military registration and enlistment office

As is already known, there are two types of medical examination - preliminary and repeated. All young people of military age who are registered for the first time undergo the first test. Repeated examination at the military registration and enlistment office is carried out once every three years for each conscript of categories A (fit), B (fit with restrictions) and C (limitedly fit). The medical procedure is performed in the personal presence of the conscript. The examination must be carried out by 7 competent specialists: a surgeon, a neurologist, an otorhinolaryngologist, a therapist, a psychiatrist, an ophthalmologist and a dentist. Upon completion of all procedures, an examination protocol is drawn up, signed by all doctors and certified with a special seal.

Rules of procedure for those liable for military service

Only three categories of persons liable for military service are required to undergo repeated examination at the military registration and enlistment office. If the procedure was not carried out within the established framework, one of the specialists was absent, or the report was filled out improperly, you should contact the prosecutor’s office or request a re-examination. Providing knowingly false information to the military registration and enlistment office is a criminal offense.

An examination can be carried out, as stated earlier, only once every three years or at the request of the conscript himself to confirm an existing category or transfer to another, more suitable for health reasons. Refusal to re-examine at the military registration and enlistment office is possible only in cases where the citizen is unable to appear at the specified address due to illness. Also, those who are this moment serves in the authorities, while having a higher legal education.

If a letter arrives demanding that you undergo a second medical examination at the military registration and enlistment office before three years have passed from the date of the previous examination, the citizen has every right not to appear on the summons. However, lawyers still advise visiting the military registration and enlistment office and requesting a written explanation of the reasons for the early call. Existing health certificates are not sufficient grounds for refusing a medical examination. Only after the conclusion certified by the commission of the military registration and enlistment office there is no need for replay procedures.

Re-examination by ITU

What is ITU? This medical and social examination, necessary to establish the amount of social and rehabilitation assistance in the presence of persistent disorders of body functions. Legally, the completion of this procedure is confirmed in the form of an appropriate conclusion, which indicates the degree of disorder and disability group. It happens that the document below also sets the date by which another re-examination should be completed. Disability groups (if they have already been established) affect the timing of this procedure. Thus, a citizen classified as category I must undergo examination once every two years, and categories II and III – once a year. Disabled children are subject to a medical examination only once during the entire period for which the examination is required. It is recommended to begin a repeat examination two months before the expiration date of the previous report.

Features of passing the ITU

A referral to undergo a commission is issued by the organization providing treatment, the social insurance fund or a pension institution. In order for a person to have the opportunity to undergo examination, he must write an application for passing the ITU, and also provided certificates confirming health problems, on the basis of which the referral was issued.

Next, a commission is assembled, which examines the citizen step by step, reviews the documents submitted by him and analyzes all areas of his life: living conditions, working conditions, etc. In this case, the citizen must first be informed about the procedure. He has the right to receive answers to questions on the survey topic.

Passing the ITU at home and other information about the procedure

If a citizen is unable to independently get to the place of examination, a special commission is sent to his home, which conducts both an initial and repeated disability examination. In order for such an examination to take place, the citizen must write a statement himself or ask his legal representative or a specialist from the organization providing treatment to do so. Refusal similar procedure illegal. In this case, it is necessary to write an application for an inspection to the prosecutor's office, complain to the main or federal bureau, or, as a last resort, a trial. It is also unlawful to enter into the examination protocol deliberately false information about the state of health. The latter is criminally punishable. The minimum punishment that the accused will receive if suspicions are confirmed is deprivation of the right to carry out professional activities.

Alcohol intoxication test

This event may be necessary only if the driver committed an offense and was caught while intoxicated, or he is only suspected of this. In this case, the inspector must escort the citizen to the appropriate institution for an inspection by an authorized specialist. A second alcohol intoxication test may be necessary to challenge a previously made decision. From a legal point of view, this is very problematic, since alcohol tends to be eliminated from the body, and in a stressful situation, the speed of the process also increases.

If for any reason the driver is forced or asked to refuse this procedure, then such behavior of the law enforcement officer may become the basis for calling his competence into question. A citizen has the right to write a complaint to the prosecutor’s office or even file a lawsuit if the employee’s place of employment did not take the application into account.

Refusal of medical examination

A re-examination may not be carried out if the citizen has in his hands all the certificates approved by competent specialists and not expired. This circumstance is possible in various cases depending on the framework established by law.

Repeated refusal of a medical examination for drivers is not only punishable by a huge fine, but also becomes the reason that in the future some kind of legal proceedings will be considered unfavorable this person. That is why lawyers do not advise refusing to undergo a medical procedure.

Is it possible to challenge the results of an inspection?

The results of the meeting of the expert commission can be disputed for a number of reasons: one or more specialists were absent during the examination, the protocol was poorly drawn up, obvious violations were identified during the procedure, new circumstances arose that appeared after the medical examination, resulting in the need for a repeat early conduct of this procedures. Challenging, as a rule, takes place in court, which means that applications submitted to other authorities have yielded nothing.

Who can challenge a medical report

A preliminary and repeated medical examination can only be challenged through a court, having in hand documents from other competent specialists indicating a changed state of affairs. So, healthy man may be declared incompetent, although the testimony of eyewitnesses and a psychiatrist from a private examination center may indicate quite the opposite. Also, the prosecutor and the citizen himself can challenge the case based on the results of the inspection.

Is it possible to re-examine drivers? Yes. If you do not agree with the medical institution's decision about your alcohol status, then you have the right to challenge this diagnosis. It is best to go to another hospital and do the tests yourself. In this case, you will have a document with which you can build protection behavior. In this article we will look at the main mechanisms of action during a medical examination for alcohol.

Description of the medical examination procedure

A medical examination is the examination of the human body for the presence of ethanol. The law of the Russian Federation regulates all norms and rules for diagnostics. Article 27 of the Code of Administrative Offenses speaks about this. There are two types of examination, among them medical and police examination. Judging by the name, you can guess that distinctive characteristics are who examines the driver.

An inspector is sent for examination and issues a special referral. The conclusion based on the test results is issued by medical staff. Only they can make a final diagnosis of alcohol intoxication. The inspection process must be carried out in accordance with all norms and requirements prescribed in the legislation of the Russian Federation.

Refusal to test or disagreement with the results

Before passing the examination, the driver is deprived of the right to drive his car. If a citizen refuses the inspector’s verdict at the scene of the offense, the traffic police officer writes him a referral to a medical facility and personally takes him to the doctor. During the preparation of the protocol, two disinterested witnesses must be present. They are the ones who must monitor compliance with all rights and inspection standards.

Attention! The trial can take place without witnesses. Thus, since 2014, examinations recorded on a video camera are acceptable.

The problem can be resolved at the scene of the offense, for example, if both parties have no complaints and agree to all decisions made. If there are complaints, then a medical examination will be mandatory. The reasons for sending a citizen for research are the following situations and circumstances:

If the driver refuses to carry out an inspection at the scene of the offense, that is, does not agree to a police examination;
If the policeman nevertheless conducted an examination, but the driver does not agree with the results of the breathalyzer and the inspector’s decision;
If the breathalyzer shows a negative result, but the inspector, based on external signs, continues to suspect the driver of using alcoholic beverages or drugs.

Important! If you are confident in your sobriety, then do not despair: get cleared on your own initiative. We will discuss how to do this in the next section.

Carrying out a repeated medical examination

So, let's find out with you how the examination takes place in medical institutions. The driver is examined twice on 12 points, only after which a conclusion is made about his state of sobriety. There are situations when a repeat medical examination should be done. The driver has the right to personally undergo examination at his own request, this is stated in Article 12 of the Code of Administrative Offenses of the Russian Federation. According to this regulation, the results of the examination can be attached to the court case. Paragraph 8 describes the fact that the reasons and circumstances why the driver refused to undergo examination must be taken into account.

If you need to undergo a repeat examination, then you need to know the answers to basic questions, namely: where can this be done? What will a personal examination give? etc. So, you can be examined for alcohol in any medical institution with permission to this type diagnostics If you underwent an examination on your own initiative, then its results can be timed to coincide with the court case. For this reason, if you believe that you were illegally sent for tests, then such a procedure will help you prove your sobriety.

When a driver undergoes a medical examination on his own initiative, it becomes possible to challenge previous test results. The conclusion you receive will serve as proof of your innocence and the commission of illegal actions against you by traffic police officers. It is rational to carry out such actions in certain deadlines, namely within 4 hours. It is worth noting that previously there were time restrictions in the legislation, that is, re-examination was recognized as valid in cases where it was completed within 2 hours after the medical diagnosis. Today we are talking about a reasonable period of time, but there are no strict limits. Paragraph 5 prescribes the procedure for conducting any medical examination, including examination of at will. The procedures are very similar to each other and are performed in the following chronological order:

Before you are tested for alcohol, the doctor must check your identification documents. There are exceptions. When the procedure can be carried out without documents, these conditions are specified in paragraph 4. So, if your license has been confiscated and you do not have other documents with you, you can undergo a medical examination and confirm your identity later. In such cases, the protocol indicates that the passport data is recorded from the driver’s words.
According to paragraph 17, a re-examination can be carried out after the driver writes a statement of disagreement with the charge of alcohol intoxication. In such cases, a passport or other identity document is required.
If a repeated medical examination occurs, then biological material for research is taken in duplicate. One of them is kept until a court decision. To ensure the reliability of the results, it is best to take a test not only of urine, but also of blood and saliva. This way, you will have more arguments in court.
If unforeseen situations occur and you do not have time to undergo a re-examination within the established framework, then know that you can have your urine tested within 12 hours after the protocol was issued for you.

So we looked at all the features of conducting a re-examination. If your license is taken away due to drunk driving, and you do not agree with this verdict, then do not lose hope. Get tested yourself at another hospital and prepare well for the trial.