What is the insignificance of a committed administrative offense?
If the administrative offense committed is of minor significance, the judge, body, or official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative liability and limit himself to an oral remark (Article 2.9 of the Code of Administrative Offenses of the Russian Federation).
A minor administrative offense is an action or inaction, although formally containing the elements of an administrative offense, but taking into account the nature the offense committed and the role of the offender, the extent of the harm and the severity of the consequences, which does not represent a significant violation of protected public legal relations.
A minor offense occurs in the absence of a significant threat to protected social relations. Circumstances such as, for example, the identity and property status of the person held accountable, voluntary elimination of the consequences of the offense, compensation for the damage caused, are not circumstances indicating the insignificance of the offense. These circumstances, by virtue of Parts 2 and 3 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation are taken into account when imposing an administrative penalty.
It must be borne in mind that, taking into account the signs of the objective side of some administrative offenses, under no circumstances can they be considered insignificant, since they significantly violate protected social relations. These, in particular, include administrative offenses provided for:
a) Art. 12.8 of the Code of Administrative Offenses of the Russian Federation on driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication;
b) Art. 12.26 of the Code of Administrative Offenses of the Russian Federation on the failure of the driver of a vehicle to comply with the requirement to undergo a medical examination for intoxication.
The insignificance of an administrative offense may be established by the court, in particular, when:
a) consideration of a case on bringing to administrative liability;
b) consideration of a case challenging the decision of an administrative body to impose administrative liability.
Having established the insignificance of the offense when considering a case on bringing to administrative liability, the reasoning part of the court decision must contain the following conclusions:
a) refusal to satisfy the demands of the administrative body;
b) on exemption from administrative liability due to the insignificance of the offense;
c) on the application of a measure in the form of an oral remark.
In this case, legal expenses incurred by a person released from administrative liability due to a minor offense are not subject to compensation to this person.
If the insignificance of the offense is established during the consideration of the case challenging the decision of the administrative body to bring to administrative responsibility, the court, guided by Part 2 of Art. 211 of the Arbitration Procedure Code of the Russian Federation and Art. 2.9 of the Code of Administrative Offenses of the Russian Federation, makes a decision to declare this resolution illegal and to cancel it.
When qualifying an administrative offense as minor, courts must take into account that Art. 2.9 of the Code of Administrative Offenses of the Russian Federation does not contain any reservations about its non-application to any offenses provided for by the Code of Administrative Offenses of the Russian Federation.
The possibility or impossibility of qualifying an act as minor cannot be established in the abstract, based on the structure of the administrative offense formulated in the Code of Administrative Offenses of the Russian Federation, for which liability is established. Thus, the qualification of an administrative offense as minor cannot be refused only on the grounds that in the relevant article of the Special Part of the Code of Administrative Offenses of the Russian Federation, liability is defined for failure to fulfill any obligation and is not made dependent on the occurrence of any consequences.
Qualification of an offense as minor can only take place in exceptional cases and is carried out taking into account the above provisions in relation to the circumstances of the specific act committed by the person. In this case, the court’s application of the provisions on insignificance must be motivated (clause 18 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 02.06.2004 N 10 “On some issues that have arisen in judicial practice when considering cases of administrative offenses”).
· Minor violations:
1. reduction in muscle strength to 4 points with a full range of active movements;
2. shortening of the limb by 2-4 cm;
3. muscle wasting up to 5% of normal;
4. a slight increase in tone (with cerebral palsy) of the spastic type, incoordination of movements in the hyperkinetic form, which does not significantly affect the walking pattern;
5. electromyographic decrease in integrated (total) activity when walking by 10-25%.
· Moderate violations:
Difficulties in independent movement are identified, the duration of walking without fatigue is limited, the time spent on walking increases, which is due to
1. moderate (up to 3 points) decrease in muscle strength (for the gluteal and calf muscles up to 3 points);
2. muscle wasting by 5-9% of normal;
3. limitation of the amplitude of active movements in the hip, knee and ankle joints (15-20°);
4. moderate increase in muscle tone of the spastic type or muscle hypotonia with pathological (flexion, extension, adduction) settings in the joints during verticalization and walking, incoordination of movements in the hyperkinetic form, but with the ability to rely on a limb without auxiliary devices;
5. reduction (redistribution) of bioelectrical activity of muscles when walking by 25-50%;
6. moderate (30-40%) decrease in step length, walking tempo and rhythmicity coefficient;
7. the presence of shortening of the limb from 4 to 6 cm, failure of the osteoarticular system, necessitating the use of special orthopedic devices that improve the static-dynamic abilities of the affected limb.
For moderate functional impairments, additional support on a cane is possible.
· Expressed disorders.
With severe functional impairment, walking is usually possible or outside help or using special orthopedic devices, due to:
· Shortening of the limb by 7-9 cm;
· limitation of active movements in the hip (7-10%), knee (8-12%), ankle (6-8%) joints with a pronounced decrease in muscle strength up to 2 points;
· a pronounced increase (or decrease in flaccid paresis) of tone, leading to pathological settings and deformations (flexion, flexion-abduction or adduction contracture of the hip joint over (15-20°), extension at an angle over 160°, flexion-extension contracture of the knee joint more than 30 °, ankylosis of the joint in a vicious position of varus, valgus over 20-25°, equinus deformity of the foot at an angle of over 120°, calcaneal deformation of the foot at an angle less than 85°), pronounced discoordination with hyperkinesis. Ability to walk using complex orthopedic devices and additional support on crutches, walkers, or with assistance.
· A decrease in bioelectrical activity when walking by more than 55-75%, a decrease in step length by more than 50-60%, a decrease in walking tempo by more than 70%, and a decrease in rhythm coefficient by more than 40-50%.
· Significantly expressed disorders.
In case of significantly pronounced dysfunctions caused by flaccid or spastic paralysis, significant (over 50-60°) contractures of the joints, their ankylosis in vicious positions, verticalization of the patient and independent walking with assistance and use modern means prosthetics is impossible. Electromyographic and biomechanical studies are not advisable.
Administrative legislation not only determined the actual grounds for application and the system of penalties, but also provided for the real grounds and rules for their imposition.
If we are talking about the application of any administrative penalty, then it is based on a significant number of principles: legality, humanism, transparency, inevitability of punishment, and the like.
There is also such a concept as the insignificance of an administrative offense, which in its essence is not a significant violation, which will be discussed below
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Application of administrative measures
The application of administrative liability measures should be based on a number of principles, one of which is the principle of inevitability. Its essence lies in the fact that every subject who has committed a punishable act must suffer a fair punishment.
However, in our time, for objective and subjective reasons, this principle does not always apply. The peculiarity of an administrative violation is that, unlike a criminal act, it is not characterized by a public danger.
Administrative offenses are socially harmful, that is, they cause or objectively can cause certain harm to protected social relations.
However, the amount of such damage, the possibility of its prevention or compensation in material offenses and the objective possibility of causing harm in formal offenses can also influence the type and extent of responsibility of the offender.
The nature of the offense is determined by the signs that characterize the objective side of the violation (action, method and instrument of committing the offense, time, situation).
Identification of the offender
No less important when applying penalties provided for by sanctions is such an aspect as establishing the identity of the offender.
It is clear that the commission of a violation is a consequence of such circumstances as, for example, the conditions of personality formation, interests, outlook on life, etc.
Therefore, when assigning punishment, all this data is taken into account and only then, after in-depth analysis, can a more acceptable measure of influence be prescribed.
It should be noted that administrative laws on this moment do not have any information about citizens that would be taken into account when assigning punishment.
Therefore, it is necessary to determine only some aspects of the range of information about the offender and document them. It should be noted that identifying mitigating circumstances is not enough to resolve the issue of taking into account the identity of the offender.
It is still necessary to develop proposals that, when imposing a penalty, would help to more accurately take into account the individual. To study the personality of the offender, it is necessary to determine information characterizing its social status, to study the psychological properties of the personality, as well as its physiological characteristics(presence of disability, etc.).
The second aspect when imposing an administrative penalty is taking into account the degree of guilt of the offender.
A formal approach to recognizing the presence or absence of a crime means a departure from the principle of humanism and criminal legal influence, a distraction from the fight against real crime. This was well understood in ancient Rome, where the postulate was in force: de minimus non curat praetor. That is: the praetor (judge) does not deal with trifles.
The conditions under which an administrative offense can be considered insignificant are:
- When it should formally fall under the signs of an act provided for by a certain article of the Criminal Code. Other types may not fall under the concept of a minor act. They must be considered according to the norms of other areas of law: administrative, labor, civil, etc.
- When a minor act must not pose a public danger.
Definition of concepts and characteristics
Since a minor violation is not a crime, it is assessed as such by law enforcement officials. The decision is made taking into account all the features of a particular event.
As a rule, this is an intentional act that does not result in significant harm. This minor harm can be material (theft of private property for an insignificant amount), it can be organizational, etc.
The insignificance of an administrative offense is the qualitative and quantitative actions of a specific violation that deprive these actions of public danger or reduce them to a minimum (small material damage, insignificant manifestation from the objective side, uncertain purpose, motive, insignificant guilt of the offender, etc.).
To decide whether an act is a crime or a minor act, the characteristics of the subject of the action may be important.
There are also completely opposite considerations regarding the fact that the characteristics of the subject are not of fundamental importance, because justice exists on the basis of equality of citizens before the law and the court, which is only possible when the main thing in assessing the activities of a person is the act of the subject, and not one as a person with her positive and negative traits.
The main feature of a crime is its social danger, the infliction of serious, in many cases irreparable harm, or the creation of a threat of causing such harm.
The presence of these signs eliminates the question of the insignificance of the object of the encroachment (when speaking about the object, we mean the object of the encroachment, and not the object that was actually harmed by the encroachment).
If the act is aimed at causing significant or undetermined damage, but in reality minor harm was caused, we also cannot talk about the insignificance of the act. That is, the insignificance of an administrative offense can be discussed only when the encroachment was insignificant or potential harm could be minuscule.
The connection between the concept of insignificance and the concept of decriminalization
Minor acts are not criminal only when their insignificance is both objective and subjective, that is, in terms of the content of guilt, when the person intended to cause minor harm.
In the case between the intention of a person and the result actually achieved by her, responsibility must reflect the actual direction and guilt.
Considering that the object of the crime is social relations, we can say that where there is no encroachment on public relations or such an encroachment is of a minor nature, as a result of which no harm is caused to public relations, there is no crime.
The only exception is when the object becomes insignificant, that is, when it loses its social significance. The loss of significance can be for various reasons: changes in values, economic conditions, political situation in the country, etc.
Thus, in this case, the concept of insignificance has a connection with such a concept as decriminalization.
It is important to define the concepts and characteristics of minor administrative offenses based on a generalization of the current administrative code of the Russian Federation, as well as to determine the conditions for exemption from administrative prosecution in the event of a citizen committing a minor offense.
The problems of the insignificance of an administrative offense in judicial practice have been the subject of research by many scientists, however, with the development of social relations and the increase in the number of administrative violations, they have not lost their relevance today.
Based on Art. 2.9 of the Code of Administrative Offenses makes it clear that only a government entity, endowed with the right to decide on the merits of the corresponding category of cases, has the right to release a citizen from administrative liability. This circumstance is indicated by the words “...the body authorized to decide the case...”.
That is, an entity that is not endowed with such a right, but is only authorized to open administrative proceedings, will release the violator from liability on the basis of Art. 2.9 of the Code of Administrative Offenses has no right.
The procedure for imposing administrative penalties
Making a decision on exemption from administrative liability is quite problematic for a number of reasons:
- Firstly, an objectively corresponding unlawful act has all the elements of an offense, that is, from a formal point of view, it is an administratively punishable act.
- Secondly, the legislator does not define such an offense and does not even name its characteristics.
- Thirdly, the legislation does not contain minor offenses, which may create the illusion that all formal administrative offenses are minor, but this is far from the case.
The insignificance of an administrative offense is such acts that:
- are not a great public danger
- for which the offender sincerely repented; did not cause significant damage to public interests, civil rights or other legally protected values
- if the material damage caused by such a crime is insignificant and was voluntarily and in full compensated by the offender before a decision on the merits
The question of the necessity or inexpediency of releasing a person from liability if the violation is insignificant in each individual case is decided by the law enforcement agency.
The expediency of releasing a person from administrative liability
The advisability of releasing a person from administrative liability on grounds of insignificance can be indicated by those circumstances that mitigate liability, for example, the fact that the offender does not have established antisocial attitudes is confirmed positive characteristic from place, service, study, residence, absence of facts of committing illegal acts in the past, committing a violation due to negligence, etc.
The need to use such measures of influence on citizens as a remark in judicial practice when an administrative offense is insignificant gives grounds to talk about the inevitability of the state’s response to each violation, in the real implementation of the principle of the inevitability of responsibility.
At the same time, the use of a remark as a way of responding to violations of the law does not mean the application of coercion to the offender, since, firstly, the person remains free to independently direct his behavior and stop or continue committing an illegal act with all its ensuing consequences. Secondly, unlike a warning, a verbal remark is not included among the types of punishments provided for in Art. 3.1 Code of Administrative Offences.
Exemption from administrative liability at the stage of consideration of the case, due to the insignificance of the violation in accordance with Art. 3.1 The Code of Administrative Offenses is not considered the responsibility of a legal body.
In this regard, the specified authorized body is obliged to consider all aspects of the violation committed, assess the situation and make sure that there is no significant damage.
How the humanization of criminal legislation will relieve the workload of the courts - on video:
What needs to be improved at the legislative level
It is also important to take into account the identity of the offender, the nature of the violation, the presence of factors mitigating liability, etc. Therefore, Art. 2.9 on administrative punishment should be stated as follows:
“If a person commits an administrative offense that did not and objectively could not cause significant damage to the rights and interests protected administratively, and provided that the violator realizes the illegality of his act and stops the illegal behavior, the authorized body may release him from liability. An oral reprimand is not an administrative punishment, but acts as a measure of educational influence, with the goal of preventing the commission of offenses in the future and explaining to the offender the essence and consequences of his unlawful act.”
The use of an administrative definition when determining the insignificance of an administrative offense in judicial practice will not only simplify the application of Art. 2.9 of the Code of Administrative Violations, but will also reduce the number of abuses by officials when resolving administrative cases.
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1. The joint stock company acquired ownership of a share in a limited liability company in the amount of 40 percent of the authorized capital. The territorial department of the Federal Antimonopoly Service of Russia notified the joint stock company of the transaction on the 46th day. In this regard, an administrative penalty in the form of a fine was imposed on the joint-stock company in accordance with Art. 15.28 Code of Administrative Offenses of the Russian Federation. 105
In court, the joint stock company petitioned to have the decision overturned due to the insignificance of the violation, and also because the transaction could not affect competition in the relevant market due to the fact that the company was acquiring a non-core asset.
Lawyer Matrosova T. A., 2655 answers, 1587 reviews, on the site from 10/11/2017
1.1. Hello!
To help you, you need to know the contents of the documents, whether a decision has been made or not. You can contact your chosen lawyer on the website to study documents, get detailed advice, and draft documents.
2. Apartment for three rubles 66.7 sq.m. took out a mortgage out of marriage, there was one owner. Then I got 22/25 shares in the apartment. The ex-wife and two children have 1/25 each. My son lives with me by court order, my daughter lives with her. The shares were formed from the introduced mat. capital. I have a desire to buy out my ex-wife's share. Sell the apartment, keeping the children's shares, and buy it in another city. No one lives in the disputed apartment. My claim was to recognize her share as insignificant, to buy out her share with payment of compensation to her under Article 252, and not to interfere with the sale of the children’s share through the PLO. The court refused me. The Supreme Court left it unchanged, explaining that she did not put forward a claim for the allocation of a share in kind, and only those who have declared such demands can be forced to sell. I'm afraid the cassation office won't even accept the complaint without serious violations. She owns another home, I don’t. What should I do, should I be under her tutelage for the rest of my life? After all, if you sell only your share to realtors, it will be significantly lower. I don't want to lose money.
Lawyer Kugeiko A.S., 86,702 replies, 38,690 reviews, on the site since 12/05/2011
2.1. Hello,
This means that the court did not consider her share to be insignificant and nothing can be done. The owner cannot be forced to sell his property, including real estate.
I wish you good luck and all the best!
Lawyer Ruslin A.D., 4901 answers, 2497 reviews, on the site since November 15, 2007
2.2. Hello, Irina Sergeevna! The position of the Supreme Court is at least controversial, since there are, in particular, judicial acts of the Supreme Court of the Russian Federation, which directly state that “the effect of the legal provisions of paragraph 4 of Article 252 of the Civil Code of the Russian Federation extends both to the claims of the separating owner, and to the demands of the remaining participants in the common shared ownership" (this is, in particular, stated in the Determination of the Investigative Committee in civil cases Supreme Court RF dated July 12, 2016 No. 46-KG 16-8, where it is stated in clear text that the owner of a minor share “did not declare a demand for the allocation of a share, did not express consent to the payment of monetary compensation”).
Wait until October 1 and file a cassation appeal with the General Jurisdiction Court of Cassation. Of course, there is no guarantee that the decisions taken will be reversed, but the arguments in your case will be quite serious.
Sincerely, A.D. Ruslin.
3. The other day they called me to the accident investigation department and charged me with a violation of 12.27 hours 2. In my explanation I explained that there was no accident and there was no damage, when inspecting the car there was no damage, there are minor scuffs as during normal use, the car is 5 years old. The traffic police officer explained that there would be an examination of the coating using special equipment. They called me again and told me that there was a video showing debris from the mudguard, the screen was small and nothing was clear. We got acquainted with the case materials, gave a video, signed the protocol and the explanation in it, that I do not agree that there are no debris in the road accident diagram and supposedly they are in the video, but what was interesting was that the car was parked, and already at home on the monitor On closer examination, I saw that when my car had already passed with its entire body, the applicant’s car began to move backwards and this scree occurred, but it wasn’t standing and it looks like it even hit me with its backside. A week later they summon him to court. How to act in this situation, what to demand in court, because I can say that I am guilty and there are no violations in the traffic police protocol?
Lawyer Stepanov Yu.V., 43215 answers, 18344 reviews, on the site from 02/01/2014
3.1. Hello Just say so, especially since it is so. After all, there was an accident, there is a video recording. What violations of the protocol are you talking about?
4. I have already written about the situation, but I will repeat briefly:
There is a Girl... It was 7.27 h 2... then blamed for 7.27, which became 158 (less than a year).
There was a psychiatric examination (as a doctor I am familiar with this topic - it’s a lie), but that’s not what worries us:
1. I was told by you that the offense was minor (160 rubles), so the judge may... or may not want to stop this criminal prosecution... is this kind of judicial justice in Russia?
I want to do an article... I want to not do it ((?
2. There is an indictment, but the court hearing at which the accusation was not confirmed... therefore, there is a presumption of innocence... until the contrary is proven, and if so, why can’t a person leave for a week, for example, to another city... since he guilt has not been proven? This is a violation of human rights to free movement... no one is going to run away...
3. in a psychiatric examination, she was declared not sane for this act of offense (asking everything: do you admit your guilt? And she tried to tell how it was... but they didn’t believe her (() and now she is aware of this, therefore she wants to close the criminal case case... but without confirmation of the guilt of the accused, anything from the examination has no legal force! That is, she simply wants to break the law! Right?
4. Is it possible to simply examine her in order to identify whether she has any mental disorder at all (with an indication - at the place of request).. and how it might turn out: she will be prescribed a new examination.. those doctors will look in the database and write , what happened (not even the correct conclusions of others) - how to avoid this?
Lawyer Popov P. E., 5780 answers, 2885 reviews, on the site from 05/26/2019
4.1. The case will be closed, the amount is small, 160 rubles. "Criminal Code Russian Federation" dated 06/13/1996 N 63-FZ (as amended on 06/17/2019) (with amendments and additions, entered into force on 07/01/2019)
. Crime concept
An action (inaction), although formally containing signs of any act provided for by this Code, but due to its insignificance, does not pose a public danger, is not a crime. In general, they did not initiate the case legally, this is an administrative violation.
All the best.
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An employee has the right to go to court to resolve an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the date he was given a copy of the dismissal order or the day of issue of the work book.
That is, you could challenge the illegal dismissal within a month after you were given a copy of the dismissal order or from the day the work book was issued. Of course, if both of these conditions are not met by the employer, then you can still fight.
Although there is another illusory chance to correct the situation. You can contact the Labor Inspectorate. There is no statute of limitations for filing a complaint with the labor inspectorate. Moreover, if violations are detected, an order to eliminate them will be issued. Even if the violations were committed 10 years ago. The only thing is that if the statute of limitations for bringing the perpetrators to administrative responsibility expires (1 year), then the perpetrators will not be punished.
Therefore, write the details of your situation, we can try to help you.
P.S. What was the reason for dismissal? Liquidation? Reduction?
24. Diagnosis: Prolapse mitral valve 1st degree. Moderate mitral regurgitation. Minor tricuspid regurgitation. Rhythm disturbances: supraventricular and ventricular extrasystole（during the bicycle ergometer test ）later an ecg was applied to the Holter.
Lawyer Selivanenko V.O., 6957 answers, 2847 reviews, on the site since 05/22/2013
24.1. Hello. And what is your question? As for suitability for the army, there is not enough data. But according to Article 42, most likely it will be category B - prolapse with rhythm and conduction disturbances.
My husband and I are the guardian of a minor child (1.5 years old). at her mother's easy mental left with minor behavioral violations," she has limited rights and the child lives with us. How can we prove it or what should we tell the judge so that we can deprive her and in the future the boy’s adoptive parent! We love him very much, all our relatives and friends also adore him and we don’t We imagine life without him! Therefore, we want to protect his rights, because adoption is a priority form of adopting a child! Read answers (1)
25. Such a question, I was operated on for a duodenal ulcer with perforation, after which I was sent to the VVC where they wrote me a conclusion that there was a slight deformation of the duodenal bulb without disruption of digestive functions. They put the letter “c”, is this legal, will I serve or will I be fired, if fired, what can be done to continue serving?
Lawyer Zvezdilin I.V., 76 answers, 75 reviews, on the site from 03/19/2018
25.1. Hello! Based on my experience working in the military prosecutor's office for more than 7 years, I can say that fitness category "B" is not grounds for dismissal from military service, but the right to dismissal is granted under a preferential clause, i.e. on health. Those. They do not have the right to force you to resign, but you, at your own request, have the right to submit a report on dismissal from military service for health reasons with the establishment of appropriate benefits and payments (depending on the length of service).
If I could help you, I will be glad!
26. Please tell me if I can renew my category “B” license if there are minor color vision impairments, driving experience of more than 20 years, previous renewals driver's license were without problems, at the moment, according to modern requirements, there are restrictions on the initial receipt of a V.U. for people with color impairments, and how do they prolong v.u. for this category of drivers. Thank you.
Lawyer Myasnikova E. M., 226 answers, 163 reviews, on the site since 02/27/2018
26.1. Hello Andrei.
If your health has not deteriorated and your vision remains the same as it was before, then you will exchange your VU without any problems, as before.
Perhaps, when issuing you a medical certificate. the commission will make a note that you will be prohibited from working as a driver. In this case, you will be able to drive a car, but you will not be able to get a job as a driver.
Otherwise, the procedure for exchanging a driver’s license due to expiration does not change.
27. Hello. We have new house and a new building manager. The contract was sent. I am sending it to you for advice on whether it is drawn up correctly... the company is shady because it asks you to pay 10,000 and then conclude this agreement. Management agreement for an apartment building at the address: "_" ___ 201__
Owners (investors) of the premises of an apartment building, hereinafter referred to as “Owners”, on the one hand, and LLC Management Company “NSK-Dom”, represented by Director Abaturov Sergei Timofeevich, acting on the basis of the Charter, hereinafter referred to as “Managing Organization”, on the other hand , collectively referred to as the “Parties”, have entered into this agreement as follows:
1. General Provisions
1.1. Apartment building - a house located in the Kirovsky district of Novosibirsk on the street. Nikolai Gritsyuk, No. 5 (hereinafter referred to as the Apartment Building or MKD).
Premises – residential premises (apartment), non-residential premises (office) (except for common areas).
Management company is an organization that performs the functions of managing an apartment building, on the basis of License No. 054-000185 dated May 15, 2015, in accordance with the Constitution of the Russian Federation, the Housing Code of the Russian Federation, the Civil Code of the Russian Federation, Rules for the maintenance of common property in an apartment building, approved by the Government of the Russian Federation, as well as other provisions of the civil and housing legislation of the Russian Federation.
The owner (Investor) of the premises is a person who has accepted from the developer under a transfer deed or other transfer document, from whom, in accordance with clause 6 of part 2 of Art. 153 of the Housing Code of the Russian Federation, an obligation arises to pay for the premises and utilities, as well as the person who has registered ownership of the premises in accordance with the requirements of the legislation of the Russian Federation.
1.2. This Agreement was concluded at the initiative of the Management Organization, is an agreement with a plurality of persons on the part of the Owners of the premises and contains the same conditions for all owners of premises in an apartment building.
1.3. The management of an apartment building is carried out in accordance with the requirements of the law on the provision of public services and the proper maintenance of common property in an apartment building.
1.4. This Agreement is a mixed type agreement with a special legal regime, because includes elements of different types of contracts provided for in paragraphs 1.12, 1.13, 2.1, 2.3, 2.4, 2.5, 3.2.3.
1.5. Work on current and major repairs of common property in an apartment building, which are not included in the work and services for the maintenance of common property, is carried out by the management organization if there is a decision general meeting owners of premises.
1.6. Lists, terms for the provision of services and performance of work on the maintenance and repair of common property are formed in accordance with the requirements of current legislation, the results of inspections of common property and are drawn up for the duration of the contract, but not less than one year.
1.7. In order to comply with the minimum conditions of sanitary and epidemiological well-being, before the formation of a land plot, sanitary cleaning of the local area is carried out within the previously established (actual) land use boundaries, unless otherwise established by a decision of the general meeting of Owners.
1.8. The management organization provides routine maintenance services within the boundaries of operational responsibility. The composition of common property subject to management is determined from the composition of common property and includes only property specified in paragraphs. 2-9 of Government Decree No. 491 of August 13, 2006, in part of which work is performed and services are provided. The parties agreed that if the Owners of the premises at the general meeting establish new line-up common property, then the Management Organization will be obliged to provide services for the newly approved composition of property
1.9. Monitoring the fulfillment of contractual obligations by the management organization, signing certificates of work performed and services provided, as well as other acts before the election of the House Council is carried out by one of the Owners. After the election of the House Council, the acts are signed by an authorized person (chairman of the House Council), unless otherwise established by the meeting of Owners.
1.10. If a person authorized by the Owners cannot fulfill his duties (business trip, vacation, illness, etc.) or is not selected, or refuses to be an authorized person, then his duties can be temporarily performed by a member of the house council, and in their absence, one of the Owners in apartment building.
1.11. The management organization prepares monthly certificates of work performed and services provided in two copies. The person authorized by the owners signs the acts within 5 days and returns one copy to the Management Organization. If within the specified period the Managing Organization has not received a reasoned refusal to accept the work (services), then the work (services) is considered accepted and is subject to payment.
1.12. Property owners agree to purchase utilities.
1.13. The owners grant the management organization the right to use the common property for rent (use) or advertising, provided that the funds received from renting the common property or advertising will be used to work with defaulters, eliminate acts of vandalism, eliminate accidents, eliminate threats to life and the health of the Owners of the premises, carrying out additional work and services for the maintenance and repair of common property, energy saving, compensation for funds invested by the Management Organization in the common property, as well as payment of remuneration.
1.14. The owner of municipal property assigns to the Management Organization the right to demand the fulfillment of obligations by persons using the Owner's premises (tenants), in terms of timely payment for services and work on the maintenance and repair of common property, as well as payment for utilities.
1.15. The determination of the standard air temperature in residential premises is carried out in accordance with Appendix 1 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354 and GOST 30494-2011 Interstate standard “Buildings” and public parameters of the microclimate in the premises”, subject to the implementation by the Owners of the premises of measures to insulate the premises.
1.16. Information about the Owners of the premises and persons living in the Owner’s premises, measures social support, characteristics of the premises and types of utilities provided are indicated in the documentation for the apartment building (personal accounts, card of the owner of the premises, title documents, etc.).
2. Subject of the agreement
2.1. The management organization, on the instructions of the Owners of the premises, during the term of the contract, for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house, provide utilities to the Owners of the premises and persons using the premises in this house, provide additional services and perform work, including ongoing repairs of common property, as well as carry out other activities aimed at achieving the goals of managing an apartment building.
2.2. Services and (or) work for the maintenance and repair of common property in an apartment building are provided by the Management Organization independently or by attracting third parties to perform work that requires special permits and licenses (fire and security alarms, gas equipment and other work).
2.3. The owners (investors) instruct the Managing Organization to register with the Rostechnadzor bodies the equipment owned by them on the basis of shared ownership, and the Managing Organization undertakes to carry out this registration on its own behalf. The costs of the Management Organization incurred during registration are subject to inclusion in the costs of maintaining common property.
2.4. The owners of the premises assign to the Management Organization the right to claim from the Developer funds received under a previously concluded agreement, as well as advance payments and funds for the Developer’s unfulfilled obligations. Funds received from the previous organization are used for current and major repairs of common property.
2.5. The owner of the premises gives consent to the Managing Organization to process personal data, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer to a representative for collecting mandatory payments in court, a specialized organization for maintaining accruals, and also in cases provided for by current legislation), depersonalization, blocking, destruction of personal data. To fulfill contractual obligations, the Owners of premises provide the following personal data: last name, first name, patronymic, year, month, date and place of birth, address, marital, social status, information about the availability of benefits, information about the ownership of residential premises registered in the apartment building, information about persons living in the premises and other data necessary for the implementation of this agreement regarding the calculation of payments.
3. Rights and obligations of the Managing Organization
3.1. The managing organization is obliged:
3.1.1. Provide services and perform work on the maintenance and repair of common property provided for by current legislation and this Agreement.
3.1.2. Inform Owners in a timely manner through announcements at entrances:
About the timing of the upcoming planned shutdown of utility networks;
On scheduled preventative repairs of utility networks no later than 2 calendar days before the start date of work.
3.1.3. Draw up commission acts on facts of damage to the property of the Owners, on facts of provision of services and (or) performance of work to maintain the common property of an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.
3.1.4. Maintain and store technical documentation (databases) for an apartment building, in-house engineering equipment and home improvement facilities, as well as accounting, statistical, economic and financial documentation and calculations related to the execution of this agreement.
3.1.5. Issue payment documents, copies of personal accounts, certificates of absence of debts and other documents provided for by current legislation.
3.1.6. Carry out emergency dispatch service, including at the request of the Owners.
3.1.7. Request from the Developer technical and other documentation for the managed apartment building, and if it is impossible to obtain it, restore it. The costs of the Management Organization incurred for the restoration of such documentation are subject to inclusion in the costs of maintaining common property.
3.1.8. Provide a person authorized by the owners (the chairman of the board, and in his absence, one of the members of the MKD board) with a written report on the fulfillment of the terms of this agreement, and in its absence, post the report on the website of the management organization. The report must contain the following information: the amount of funds of the Owners accrued and received by the Management Organization during the reporting period, a list of obligations (works and services) fulfilled by the Management Organization, as well as the amount of funds accumulated for major repairs of common property, or remaining due to failure to fulfill obligations .
3.1.9. Inform the person authorized by the owners about the expiration of the operational reliability of the common property.
3.1.10. Ensure the confidentiality of the personal data of the Owner of the premises and the security of this data during their processing.
3.1.11. In case of entrusting the processing of personal data under a contract to another person, the Managing Organization is obliged to include in such contract as essential condition the obligation of the specified person to ensure the confidentiality of personal data and the security of personal data during their processing.
3.1.12. Provide the owners of the premises with a Guide to the use of premises in residential and apartment buildings and the equipment located in them, as well as issue notices to eliminate the deficiencies identified during the inspection of the premises.
3.1.13. When determining the amount of payment for the maintenance and repair of residential premises, the Managing Organization is obliged to take into account funds received through the use of common property.
3.1.14. Conclude an Agreement on the procedure for interaction between the management organization and a person authorized by the owners of the premises.
3.2. The managing organization has the right:
3.2.1. Income received from the use of common property should be used for energy saving, additional work and services for the maintenance and repair of the common property of an apartment building, for working with defaulters, for eliminating acts of vandalism, eliminating accidents, eliminating threats to the life and health of the Owners of premises, compensation for investments by the Management Organization into the common property of funds. 25% of the funds received from the use of common property are used as remuneration for the Management Organization.
3.2.2. During the period of validity of the contract, independently determine the priority and timing of work and provision of services for the maintenance and repair of common property, depending on the actual technical condition of the common property, the volume of funds received by the Owners and its production capabilities, including if it is impossible to fulfill the obligation - to postpone the fulfillment of this obligation next year.
3.2.3. Perform work and provide services not included in the lists of works and services approved by the general meeting, if the need to carry them out is caused by the need to eliminate the threat to life and health living in the apartment building, to eliminate the consequences of accidents or the threat of damage to the common property of the Owners of the premises, as well as in connection with the order of the supervisory (control) body (GZHI, GPN, Rospotrebnadzor, etc.), about which the management organization is obliged to inform the Owners of the premises. Such work and services are carried out at the expense of funds received from payment for work and services for the maintenance and repair of common property (major repairs). Unfulfilled obligations are subject to transfer to the next year. Owners are informed by posting a notice on entrance doors each entrance.
3.2.4. To index the fee for the maintenance and repair of residential premises unilaterally if:
Changing the minimum wage, as well as establishing the minimum wage wages in a subject of the Russian Federation;
Changes in tax legislation;
Changes in the cost of building materials, if the cost of such materials has increased by more than 10%.”
3.2.5. With the consent of the Owners of the premises, invest their own funds in common property with their subsequent compensation by the Owners.
3.2.6. On behalf of the Owners, provide common property in the apartment building for use to third parties (use, rent, placement of advertising products, etc.).
3.2.7. Inform supervisory authorities about unauthorized reconstruction and redevelopment of premises, common property, as well as their use for other purposes.
3.2.8. Process personal data, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer to a representative for collecting mandatory payments in court, a specialized organization for maintaining accruals), depersonalization, blocking, destruction personal data.
3.2.9. Use free of charge non-residential premises related to the common property of the Owners of the premises to perform work and services for the maintenance, current and major repairs of the common property. The use of premises by the Managing Organization may be carried out personally or by contractors who are in contractual relations with the Managing Organization.
3.2.10. Provide the Owners with additional services or perform other work as part of the fulfillment of their obligations under this agreement, if the need to provide such services or perform work arose during the fulfillment of the main obligations. If the Owners do not decide on additional financing, then the implementation of such work and services is carried out at the expense of funds received from payment for work and services for the maintenance and repair of common property. Work and services that are not provided with financing are subject to inclusion in the list of works and services for the next year.
3.2.11. Direct funds received as a difference when calculating the amount of payment for utility services using increasing coefficients for the implementation of energy saving measures and increasing energy efficiency;
4. Rights and obligations of Owners
4.1.Owners have the right:
4.1.1. Request a recalculation of the contract fee due to the absence or inadequate quality of services and work.
4.1.2. In agreement with the Management Organization, repay the existing debt by landscaping the territory adjacent to the apartment building, as well as other work.
4.1.3. Within the timeframe agreed upon with the Management Organization, check the volume, quality and frequency of provision of services and performance of work, or entrust the inspection to a person authorized by the owners.
4.1.4. Require the Management Organization, in terms of its obligations, to eliminate identified defects and verify the completeness and timeliness of their elimination.
4.1.5. Make payment for services and work under this Agreement in advance several months in advance.
4.1.6. Provide readings from metering devices (individual, apartment and room) to the UDS dispatcher (in person or by phone), in Personal Area website of the management organization or in any other convenient way. The provision of meter readings is carried out between the 25th and 26th of the current month, unless otherwise established by a decision of the general meeting
4.2. Owners are obliged:
4.2.1. Make payments under this Agreement on time and in full. Payment must be made monthly before the 10th day of the month following the end of the month, according to the details and in the amount specified in the payment document (invoice - receipt).
4.2.2. Provide the Management Organization with information about persons (contact numbers, addresses) who have access to the Owner’s premises in the event of his temporary absence in case of emergency work, and in case of failure to provide such information, compensate for the damage caused to citizens and (or) legal entities and their property.
4.2.3. Respect the rights and legitimate interests of neighbors, do not allow work to be carried out on the premises or other actions that lead to damage to the premises or create increased noise or vibration, maintain silence in the premises of an apartment building from 23-00 to 7-00, do not violate normal conditions residence of citizens in other residential premises.
4.2.4. Provide access to the premises for representatives of the Management Organization, as well as persons authorized by it, to inspect building and intra-apartment equipment and carry out the necessary repair work; work to eliminate the accident.
4.2.5. Notify the Managing Organization about a change in the number of residents, including persons temporarily residing in residential premises who have moved into residential premises as temporary residents for a period of more than 3 days no later than 5 working days from the date of the changes, if the residential premises are not equipped with an individual or shared (apartment) metering device.
4.2.6. Make payments for residential premises in the manner and within the time limits established by this Agreement.
4.2.7. Comply with the requirements stipulated in the Guidelines for the use of premises in residential and apartment buildings and the equipment located in them, as well as the requirements of the Management Organization specified in the notice to eliminate deficiencies identified during the inspection of the premises.
4.2.8. When concluding social tenancy or rental agreements during the validity period of this agreement, the Owner of municipal premises is obliged to inform tenants about the terms of this agreement.
4.2.9. Submit to the Managing Organization a copy of the title document and the original for verification.
4.2.10. To fulfill contractual obligations, the Owners of premises provide the following personal data: last name, first name, patronymic, year, month, date and place of birth, address, marital, social status, information about the availability of benefits, information about the ownership of residential premises registered in the apartment building, information about persons living in the premises and other data necessary for the implementation of this Agreement regarding the calculation of payments.
4.2.11. The owner of municipal premises under this agreement acts in the interests of the tenant and at his expense.
4.2.12. Immediately notify the Management Organization of malfunctions in the operation of engineering systems and equipment and other malfunctions of common property, in necessary cases report them to the emergency dispatch service by phone numbers indicated on information stands and the website of the management organization.
4.2.13. Familiarize all citizens living with him with the terms of this Agreement.
4.2.14. Owners of non-residential premises are required to enter into an agreement for the removal of solid household waste and the removal of bulky waste with a specialized organization and install a container for collecting solid waste in agreement with the Managing Organization.
4.2.15. Provide the Managing Organization with information about the presence and type of installed individual, common (apartment), room metering devices, the date and place of their installation (putting into operation), the date of sealing of the metering device by the manufacturer or the organization that carried out the last verification of the metering device, as well as the installed deadline for the next inspection,
5. Price and payment according to the contract
5.1. The price of the management contract includes the cost of work and services for the maintenance and repair of common property, as well as the provision of utilities and other services. The cost of work and services for the maintenance and repair of common property is determined as the product of the amount of payment for the maintenance and repair of residential premises in an apartment building by the total area of residential and non-residential premises.
5.2. Payment for the maintenance and repair of residential premises includes fees for services and work on managing an apartment building, maintenance, and routine repairs of common property in an apartment building, as well as the costs of collecting debts from the owners of premises who do not properly fulfill their payment obligations residential premises and utilities.
5.3. The amount of fees for the maintenance and repair of common property in an apartment building, as well as the lists of such works and services, are established by a decision of the general meeting of the Owners of the premises, taking into account the proposals of the management organization (except for the indexation of fees), as well as taking into account incentives for the board of the apartment building, which are distributed monthly among the Owners and is presented to them for payment in the structure of the monthly payment (when such a decision is made at the general meeting of owners). The amount of payment for the maintenance and repair of common property, as well as the lists of works and services, are established by the general meeting of premises owners. Before the Owners make a decision to establish the amount of payment for the maintenance and repair of common property, this amount is established by the management company based on the planned costs of execution full list services and work for the maintenance and repair of common property in accordance with the Russian Federation Regulations dated 04/03/2013 No. 290 are given in Appendix No. 1
5.4. Lists of works and services for current and major repairs that are part of works and services for the maintenance of common property are not subject to separate approval.
5.5. The amount of payment for the maintenance and repair of common property is calculated for the duration of the management agreement and is subject to updating once a year, as well as indexation upon the occurrence of the conditions provided for in this agreement.
5.6. Owners of premises do not have the right to demand a change in the amount of payment if the provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration is associated with the elimination of a threat to the life and health of citizens, the prevention of damage to their property or due to force majeure circumstances.
5.7. Payment for maintenance and repair, as well as utilities, is paid by the Owners monthly until the tenth day of the month following the end of the month, in accordance with a single payment document presented by the Management Organization or its authorized person not later than first the day of the month following the previous one. The procedure, form and place of payment is determined by the payment document.
5.8. The amount of payment for utility services is determined based on the readings of metering devices, and in their absence, based on the standards for the consumption of utility services, and is calculated according to the tariffs established by the authorized bodies. When tariffs for utility services change, the management organization makes the corresponding recalculation to the Owners of the premises from the date of their change.
Under this agreement, the owners of the premises are provided with the following types of utility services:
Cold water supply.
Hot water supply.
Drainage.
Heat supply.
5.9. Owners receive information about changes in payment on the invoice-receipt for payment.
5.10. The amount of payment for the Owners of residential and non-residential premises for the maintenance and repair of residential premises is established at the rate of 1 sq. meters total area living space.
6. Responsibility of the Parties.
6.1. Owners are responsible for the proper maintenance of common property in accordance with the current legislation of the Russian Federation and the contract.
6.2. In case of late payment (non-payment) under the contract, the Owners shall pay penalties in the manner established by the housing legislation of the Russian Federation.
6.3. Neither party is responsible for untimely and improper fulfillment of its obligations under this agreement if such failure is caused by force majeure circumstances: earthquakes, floods, etc. natural disasters, military actions, decisions government agencies, other circumstances beyond the control of the parties, if such circumstances directly affect the fulfillment of obligations under this agreement, and if they arose after the signing of this agreement. Force majeure circumstances may be recognized by mutual agreement of the parties, made in writing signed by authorized persons of the Parties.
6.4. The management organization is not responsible for the technical condition of the common property of the apartment building that existed before the conclusion of this Agreement.
6.5. The management organization is not responsible for the obligations of the Owners. The owners are not liable for the obligations of the Management Organization.
6.6. The owners of the premises are responsible for the consequences of refusing access to their premises to carry out work and provide services for the proper maintenance of the common property on the premises and the elimination of accidents to the extent of the losses incurred.
6.7. The management organization is not responsible and does not compensate for losses and damage caused to common property if it arose as a result of:
Actions (inactions) of the Owners and persons living in the Owners’ premises;
Use of common property by the Owners for other purposes and in violation of current legislation;
Failure by the Owners to ensure their obligations established by this Agreement.
Accidents that occurred through no fault of the Management Organization and where the latter was unable to foresee or eliminate the causes that caused these accidents (vandalism, arson, theft, etc.).
7. Conclusion of an agreement, duration of the agreement, additions and amendments to the agreement
7.1. This Agreement and its annexes are considered signed from the moment the Owner signs the acceptance certificate from the Developer or signs the purchase and sale agreement and comes into force on April 01, 2017 and is valid until April 01, 2022, in case of failure meetings of the Owners.
7.2. All changes and additions to this agreement are made by concluding additional agreements in writing, signed by the parties and are an integral part of this agreement.
7.3. In the absence of a written refusal by one of the parties to extend this Agreement or its revision one month before its expiration, this Agreement is considered extended for the same period and on the same conditions.
8. Termination of the contract.
8.1. The management organization has the right to terminate this Agreement due to a significant change in circumstances provided for by civil and housing legislation, as well as in the event of systematic failure by the Owners of the premises to fulfill their obligations to pay for work performed and services rendered: non-payment of the Owners of the premises for more than 3 months, systematic failure by the Owners to make decisions on approval of work and services, as well as their costs.
8.2. The owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, have the right to unilaterally refuse to fulfill this agreement if the management organization does not comply with the terms of such an agreement, and decide to choose a different management organization or to change the method of managing this building.
Unilateral refusal of the Owners of the premises to fulfill their obligations can only be made if there is evidence of non-fulfillment of obligations by the Management Organization and subject to payment of the expenses actually incurred by it, as well as losses associated with the early termination of the contract.
8.3. The contract is considered to be terminated early if the Owners of the premises, in accordance with the established procedure, made a decision at the general meeting to terminate the contractual relationship and one month before its end, a person authorized by the Owners sent the Management Organization a notice of early termination of the contract, a certified copy of the minutes of the general meeting, copies of voting ballots and documents , confirming the fact of non-fulfillment by the Management Organization of its obligations, calculation of losses associated with non-fulfillment or improper execution The Management Organization of its obligations, and also compensated the Management Organization for its losses in connection with the early termination of the Agreement.
9. Other conditions.
9.1 The obligation of the Management Organization to inform the Owners of the premises of proposals on the need to hold a general meeting of owners of the premises is considered fulfilled if such proposals are delivered to a person authorized by the Owners, and in his absence are posted on the entrance groups of the entrances.
9.2. In case of termination of the contractual relationship, the processing of personal data ceases. After termination of processing, personal data is subject to destruction within the established time frame, unless the Owners of the premises (in writing) have instructed to transfer such data to a person authorized by them.
9.3. Control by the Owners of the premises of the activities of the Management Organization is carried out by: signing by a person authorized by the Owners of the premises, or in his absence by one of the Owners, acts of work performed and services rendered; provision by the Managing Organization of reporting on obligations undertaken during the first quarter current year behind last year; participation of a person authorized by the Owners, or in his absence by one of the Owners, in inspections of common property, drawing up a defective statement based on the results of such an inspection, preparing lists of works and services necessary to eliminate identified defects; registration of facts of non-provision of services and works or provision of them of inadequate quality.
9.4. The absence of a decision by the Owners of the premises not to accept a written report within the period established by the Agreement is its acceptance.
9.5. All disputes under this Agreement are resolved through negotiations, and if it is impossible to reach an agreement, in court.
9.6. Relations between the Parties not regulated by this Agreement are governed by additional agreements.
9.7. This Agreement is drawn up in 2 copies having equal legal force. One copy is kept by the initiator of the general meeting (a person authorized by the owners), the second by the Managing Organization. If desired, each Owner has the right to have a copy of this Agreement. Copies of this Agreement are provided to the Owners of the premises by the Management Organization or an authorized person after the election of the House Council.
9.8. This agreement is mandatory for all Owners of premises in an apartment building.
9.9. The appendices to this Agreement are an integral part of it:
1. Appendix No. 1. List of works and services for the maintenance of the common property of the apartment building.
2. Appendix No. 2. Limits of operational responsibility for the maintenance and repair of the common property of an apartment building.
3. Appendix No. 3. Register of owners who signed the Agreement.
10. Postal addresses and bank details of the parties.
The list of owners who signed the Agreement is indicated in Appendix No. 3 to this Agreement
Limited Liability Company Management Company "NSK-Dom"
630039 Novosibirsk region.
Novosibirsk, Dobrolyubova st. building 162/1 office 8
3191447,3191446
8-952-939-94-54
INN/KPP 5404401342/540501001
JSC "BANK ACCEPT"
BIC 045004815,
Account number 30101810200000000815,
Account 40702810800100005499
Appendix No. 1 to the apartment building management agreement
List and frequency of work and services for the maintenance and repair of common property of an apartment building
No. List of types of mandatory work and services for the maintenance and repair of common property of the house Conditions for performing work and providing services Frequency of work and services
1 Maintenance of in-house engineering equipment Carrying out technical inspections, preventive repairs and eliminating minor malfunctions in heating and hot water supply systems (cleaning sewer beds, adjusting three-way valves, stuffing seals, minor repairs to thermal insulation, eliminating leaks in pipelines, devices and fittings; disassembly, inspection and cleaning of mud traps, air collectors, compensators, control valves, valves, gate valves; descaling of shut-off valves, etc.); water disposal, electricity supply, sewerage (changing gaskets in water taps, sealing drains, removing blockages); as well as: repair, adjustment, adjustment and testing of central heating systems; washing, pressure testing, preservation and re-preservation of the central heating system; strengthening pipelines, minor repairs to insulation, checking the serviceability of sewer hoods and eliminating the causes when they are found to be faulty, etc. Elimination of minor malfunctions of electrical devices, checking the presence of draft in smoke ventilation ducts,
Lawyer Kostikova N.S., 7271 answers, 2337 reviews, on the site from 09/08/2014
27.1. Hello. I didn’t find your question in the text, then I simply comment - if you need consultation on a contract, this service is paid. As part of the free trial, ask a specific question.
28. How to expunge a criminal conviction and what is the deadline for this if the violation is minor and not socially significant.
Lawyer Vysochin S.A., 384 answers, 284 reviews, on the site from 02/27/2018
28.1. Good afternoon, the rule for expunging a criminal record is prescribed in Article 86 of the Criminal Code:
“If the convicted person, after serving his sentence, behaved impeccably and also compensated for the damage caused by the crime, then, at his request, the court may expunge his criminal record before the expiration of the criminal record.”
29. I am a cadet at the military academy. They plan to assign me fitness category “B” and send me home. Stage 1 hypertension with minor impairment of target organs. Is insurance required? The disease was discovered while serving. 1 course. And how will it be issued?
Thank you in advance!
Law firm LLC "ART de LEX", 69 answers, 58 reviews, on the site since 02/15/2018
29.1. It is necessary to take the initial medical documents, which reflect your health, conduct an examination that this disease was a result of training. If the expert indicates that there is a cause-and-effect relationship between the actions taken and the consequences that occur, then anything is possible. Also, do not rule out that the disease could develop as a result of your actions not related to your service.
30. I was accused of hitting a child and causing minor injuries, although I did nothing. There was a court in which I could not defend my rights, I was given 10 days of arrest. I did my time. Although I didn't do this. Now the mother is demanding compensation for moral damage of 30 thousand. Is it legal to be punished twice for the same violation?
Lawyer Mukhametvalieva A.I., 59 answers, 47 reviews, on the site from 02/14/2018
30.1. Hello, the child’s mother has the right to appeal to you for compensation for moral damage, this will not be considered double punishment, and you had to prove your case in court, try filing an appeal if the deadline for appeal has not yet expired.
Violation of the static-dynamic function of the hip joint
1. Mild violation characterized by a slight limitation of mobility in the joint, a slight (2-3 cm) relative shortening of one of the limbs if the patient has a residual subluxation or dislocation. X-rays may show signs of precoxarthrosis, stage 1 and 2 coxarthrosis.
A) In the stage of pain compensation. Lameness is practically absent, a mild Trendelburg symptom, a slight decrease (up to 4 points) in muscle strength can be detected. If shortening is noted, it is fully compensated by pelvic distortion. The support loads on both limbs are equal or there is a slight decrease (up to 45%) in the support on the affected leg. The rhythmicity coefficient is 1.0.
B) In the stage of subcompensation, pain syndrome is noted when physical activity, a decrease in support on the affected limb by up to 40%, usually accompanied by a decrease in the rhythmicity coefficient to 0.89-0.8 and slight lameness of the patient during long walking, which decreases after rest and taking painkillers. Trendelburg symptom - mild to moderate, that is, the main compensatory mechanisms aimed at unloading the diseased limb.
C) There is no stage of decompensation.
2. Moderate impairment of static-dynamic function is characterized by a limitation of the range of motion in the hip joint in the sagittal plane to degrees or a limitation of extension to 155 degrees, a limitation of abduction and rotational movements; moderate shortening of at least one of the limbs, radiological instability of the hip joint and (or) radiological signs coxarthrosis stages 1-3.
A) The compensation stage is characterized by the same signs as with a slight violation of the static-dynamic function.
B) In the subcompensation stage, in addition to the above changes, there is moderate (2-3 cm) wasting of the thigh and lower leg muscles, a decrease in muscle strength up to 3 points. The skew and tilt of the pelvis compensates for the shortening of the limb by 2-3 cm. Patients are forced to use additional means of support (cane). The lumbar lordosis of the spine is compensatory increased. It is possible to develop compensatory scoliosis, the initial stages of secondary osteochondrosis and arthrosis in the adjacent joint.
C) In the stage of decompensation, the supporting ability of the affected limb sharply decreases with a decrease in the supporting load of less than 40%, which is associated with incomplete compensation of shortening, skew and tilt of the pelvis. Lameness, as a rule, is pronounced, combined with a unilateral lesion with a decrease in the rhythmicity coefficient to 0.8 or less. Patients can use support aids when standing and walking. It is possible to develop secondary osteochondrosis with radicular and pain syndrome, changes in the axis of the lower extremities (most often valgus deformity of the knee joints). The strength of the thigh muscles decreases to 2-3 points, and there is pronounced wasting of the thigh and lower leg muscles (more than 3 cm).
3. A pronounced violation of the static-dynamic function is characterized by limited mobility (less than 30 degrees) in the sagittal plane in the hip joint or placing the limb in a flexion position at an angle of less than 155 degrees, which leads to the appearance of pronounced functional shortening (more than 6 cm), which is not fully compensated by distortion and pelvic tilt. The development of adductor contractures with the installation of the limb at an angle of less than 90 degrees and the absence of rotational movements in the hip joint are also characteristic. A pronounced violation of static-dynamic function should also include a combination of clinical and radiological instability in one of the hip joints.
A) The compensation stage practically does not occur.
B) The stage of subcompensation is characterized by the same changes as with moderate impairment of static-dynamic function.
C) The stage of decompensation, in addition to changes of the same type, with moderate impairment of static-dynamic function, is characterized by a pronounced Trendelburg symptom, a decrease in muscle strength to 1-2 points, and persistent pain.
1. Nature of violations of statodynamic functions
Auxiliary means of rehabilitation, such as support and tactile canes, crutches, supports, handrails contribute to the performance of various statodynamic functions of a person: maintaining a vertical posture of a person, improving stability and mobility by increasing additional area support, unloading a diseased organ, joint or limb, normalizing weight loads, facilitating movement, maintaining a comfortable position.
The ability to maintain a vertical posture is assessed using special devices and certain parameters that characterize the process of standing, and analysis of their changes under external and internal influences on a person. This approach underlies the methods of stabilography, cephalography, etc.
The stabilography technique consists of recording and analyzing parameters characterizing the movement of the horizontal projection of the general center of mass (GCM) of a standing person.
The body of a standing person continuously makes oscillatory movements. Body movements while maintaining an upright posture reflect various reactions to control muscle activity. The main parameter by which muscle activity is regulated is the movement of the human central mass.
Stabilization of the position of the GCM is carried out due to stabilization of the body, which in turn is ensured on the basis of processing information about the position and its movement in space due to the receipt of information by the visual, vestibular, and proprioceptive apparatus.
Another technique, cephalography, is the recording and analysis of head movements while standing. This technique is quite widely used in clinical practice.
Changes in the vestibular apparatus significantly disrupt the provision of a vertical posture and are manifested in changes in the nature of the cephalogram, stabilogram and body movements aimed at maintaining a vertical posture.
In this condition of a person, an increase in additional support area is required due to aids rehabilitation.
In addition to disturbances in statistical functions, disturbances in the human walking function occur when the musculoskeletal system is damaged.
Clinical indicators of such musculoskeletal disorders are:
Limitation of joint mobility, severity and type of contracture;
Hypotrophy of the muscles of the lower extremities.
The presence of lower limb shortening (LLT) significantly affects gait structure and standing stability.
Stability of standing is characterized by the amplitude of oscillation of the general center of mass (GCM) and with slight and moderate shortening of the NC it is slightly disturbed. Even with pronounced shortening of the NC, a slight and moderate violation of stability is observed. In this case, no pronounced disturbance of GCM oscillations is observed, which indicates the effectiveness of compensation mechanisms aimed at maintaining stability. The consequence of shortening the lower limb is pelvic distortion. Shortening of more than 7 cm leads to significant changes in statodynamic functions. The study of such disorders is carried out using a special stand with a predominant distribution of the weight load on a healthy NK (more than 60% of body weight) using a shortened NK as an additional support with a pronounced metatarsal-toe position.
Restriction in joint mobility is expressed primarily in dysfunction in the hip, knee, ankle joints, and foot, and moderate and severe degrees of dysfunction can be determined.
Hip joint (HJ)
Reduced range of motion to 60º;
Extension – at least 160º;
Decreased muscle strength;
Shortening of the lower limb – 7-9 cm;
Locomotion speed – 3.0-1.98 km/h;
Limitation of mobility in the form of a decrease in the amplitude of movement in the sagittal plane - at least 55º;
During extension – at least 160º;
Severe flexion contracture - extension less than 150º;
Reduced strength of the gluteal and thigh muscles by 40% or more;
Locomotion speed is 1.8-1.3 km/h.
Knee joint (KJ)
1. Moderate degree of dysfunction:
Bending to an angle of 110º;
Extension up to 145º;
Decompensated form of joint instability, characterized by frequently occurring pathological mobility under light loads;
Locomotion speed is up to 2.0 km/h with pronounced lameness.
2. Severe degree of dysfunction:
Bending to an angle of 150º;
Extension – less than 140º;
Locomotion speed up to 1.5-1.3 km/h, severe lameness;
Shortening the step to 0.15 m with pronounced asymmetry of lengths;
Rhythmicity coefficient – up to 0.7.
Ankle joint (AJ)
1. Moderate degree of dysfunction:
Limitation of mobility (flexion up to º, extension up to 95º);
Locomotion speed up to 3.5 km/h.
3. Severe degree of dysfunction:
Limited mobility (flexion less than 120º, extension up to 95º);
Locomotion speed up to 2.8 km/h.
Vicious position of the foot.
1. calcaneal foot – the angle between the axis of the tibia and the axis of the calcaneus is less than 90º;
2. equinovarus or equinus foot – the foot is fixed at an angle of more than 125º or more;
3. valgus foot – the angle between the support area and the transverse axis is more than 30º, open inward.
4. valgus foot – the angle between the support area and the transverse axis is more than 30º, open outward.
With hip joint pathology, the thigh muscles and gluteal muscles, in case of pathology of the knee joint (KJ) - muscles of the thigh and lower leg, in case of pathology ankle joint(GSS) there is hypotrophy of the lower leg muscles.
Hypotrophy of the muscles of the lower extremities, reflecting the state of the muscular system, has a certain influence on the structure of a person’s walking, in particular on the duration of the support and transfer phases of the limbs, and with moderate and severe hypotrophy, a pronounced violation of temporal parameters is observed.
Muscle wasting up to 5% is classified as mild, 5-9% as moderate, and 10% as a pronounced decrease in muscle strength.
A decrease in the strength of the flexor and extensor muscles of the hip, leg or foot of the affected limb by 40% in relation to the healthy limb is regarded as mild; 70% as moderate, more than 700% as pronounced.
Decreased muscle strength with electromyography (EMG)
studies, is characterized by a decrease in the amplitude of bioelectrical activity (ABA) by 50-60% of the maximum with moderate dysfunction.
With severe dysfunction, AAA decreases significantly in the muscles of the distal limbs to 100 µV.
The choice of auxiliary means of rehabilitation should be carried out individually for each patient, with the help of which he can achieve relative independence (improving mobility in the apartment and on the street, independent self-care, participation in production process etc.).
Classification of the main types of dysfunction of the body when establishing disability
The main types of dysfunction of the human body, which are determined by medical and social examination, include:
Violations mental functions(perception, attention, memory, thinking, speech, emotions, will);
Violations sensory functions(vision, hearing, smell, touch, pain, temperature and other types of sensitivity);
Violation of static-dynamic functions (head, torso, limbs, mobile functions, statics, coordination of movements);
Disorders of circulatory, respiratory, digestive, excretory, metabolic and energy functions, internal secretion, immunity, etc.;
Speech disorders (not caused by mental disorders), violation of voice formation, language form - violation of oral (rhinolalia, dysarthria, stuttering, alalia, aphasia) and written (dysgraphia, dyslexia), verbal and non-verbal speech;
Disorders that cause distortion (deformation of the face, head, torso, limbs leading to external distortion, abnormal defects of the digestive, urinary, respiratory tracts, violation of the size of the torso).
The criteria for human life include the ability for self-care, movement, orientation, control of one’s behavior, communication, learning, performance labor activity.
The ability to move is the ability to move effectively in one’s environment (walking, running, overcoming obstacles, using personal and public transport).
Evaluation options: nature of walking, pace of movement, distance covered by the patient, ability to independently use transport, need for help from others when moving.
The ability to self-service is the ability to effectively perform social and everyday functions and satisfy needs without the help of others.
Evaluation options: the time interval through which the need for help arises: episodic help (less than once a month), regular (several times a month), constant help (several times a week - regulated or several times a day - unregulated help).
The ability to orientate is the ability to independently navigate in space and time, to have an idea of the surrounding objects. The main orientation systems are vision and hearing (provided normal condition mental activity and speech).
Evaluation options: the ability to distinguish visual images of people and objects at a distance and in different conditions (the presence or absence of obstacles, familiarity with the situation), the ability to distinguish sounds and oral speech (auditory orientation) in the absence or presence of obstacles and the degree of compensation for the impairment auditory perception oral speech in other ways (writing, non-verbal forms); the need to use technical means for orientation and assistance of other persons in various types of daily activities (at home, study, at work).
The ability to communicate (communicative ability) is the ability to establish contacts with other people and maintain social relationships (communication disorders associated with mental disorders are not considered here).
The main means of communication is oral speech, auxiliary - reading, writing, non-verbal speech (gesture, sign).
Evaluation options: characteristics of the circle of people with whom it is possible to maintain contacts, as well as the need for help from other people in the process of learning and work.
The ability to control one’s behavior is the ability to behave in accordance with the moral, ethical and legal norms of the social environment.
Evaluation options: the ability to be self-aware and adhere to established social norms, identify people and objects and understand the relationships between them, correctly perceive, interpret and adequately respond to traditional and unusual situations, maintain personal safety and personal hygiene.
Learning ability is the ability to perceive, assimilate and accumulate knowledge, to develop skills and abilities (everyday, cultural, professional and others) in a targeted learning process. The opportunity for vocational training is the ability to master theoretical knowledge and practical skills and abilities of a specific profession.
Evaluation options: the opportunity to study in regular or specially created conditions (special educational institution or group, home training, etc.); volume of the program, terms and mode of training; the opportunity to master professions of various qualification levels or only certain types of work; the need to use special means with the assistance of others (except the teacher).
The ability to work is the totality of a person’s physical and spiritual capabilities, which is determined by the state of health, which allows him to engage in various types labor activity.
Professional ability to work is a person’s ability to perform high-quality work required by a specific profession, which allows employment in a certain area of production in accordance with the requirements of the content and volume of the production load, established mode work and working environment conditions.
Impaired professional ability to work is the most common cause of social disability, which can occur primarily when other categories of life activity are not impaired, or secondarily due to limitations in life activity. The ability to work in a specific profession for disabled people with limitations in other life activity criteria can be preserved in whole or in part or restored by means vocational rehabilitation, after which disabled people can work in regular or specially created conditions with full or part-time working hours.
A conclusion on inability to work is prepared only if the disabled person agrees (except for cases where the disabled person is declared incompetent).
Evaluation options: preservation or loss of professional suitability, the possibility of working in another profession, which is equal in qualifications to the previous one, assessment of the permissible amount of work in one’s profession and position, the possibility of employment in ordinary or specially created conditions.
The degree of disability is the magnitude of deviation from the norm of human activity. The degree of disability is characterized by one or a combination of several of its most important criteria.
There are three degrees of disability:
Moderately expressed Limitation of life activity is caused by dysfunction of organs and systems of the body, leading to moderate limitation of the ability to learn, communicate, orientate, control one’s behavior, move, self-care, and participate in work activities.
Expressed Limitation of life activity is caused by a violation of the functions of organs and systems of the body and consists of a pronounced impairment of the ability to learn, communicate, orientate, control one’s behavior, move, self-care, and participate in work activities.
Significant limitation of life activity occurs as a result of significant impairment of the functions of organs or systems of the body, which leads to the impossibility or significant impairment of the ability or possibility of learning, communication, orientation, control of one’s behavior, movement, self-care, participation in work activities, and is accompanied by the need for outside care (outside assistance ).
A person who is recognized as disabled, depending on the degree of dysfunction of the organs and systems of the body and the limitation of her life activity, is assigned disability group I, II or III.
Group I disability is divided into subgroups A and B depending on the degree of loss of health of the disabled person and the amount of need for constant outside care, assistance or care.
The criteria for establishing disability are determined by paragraph 27 of the Regulations on the procedure, conditions and criteria for establishing disability, approved by Resolution of the Cabinet of Ministers of Ukraine dated December 3, 2009 N 1317.
The causes of disability are established in accordance with paragraph 26 of the Regulations on the procedure, conditions and criteria for establishing disability, approved by Resolution of the Cabinet of Ministers of Ukraine dated December 3, 2009 N 1317.
When disability groups increase due to general illness, industrial accident, occupational disease, injury, contusion, mutilation and other disease, in the event of a severe general illness, the cause of disability is determined at the choice of the patient.
If one of the causes of disability is disability since childhood, MSEC in the conclusion on the examination of the disabled person indicates two causes of disability.
Re-commission of disabled people is carried out in accordance with paragraph 22 of the Regulations on the procedure, conditions and criteria for establishing disability, approved by Resolution of the Cabinet of Ministers of Ukraine dated December 3, 2009 N 1317.
Medical and social examination
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DEGREES OF VIOLATION OF STATODYNAMIC FUNCTIONS OF THE HUMAN BODY IN PARESIS AND PLEGIA OF THE LIMB
Federal State Institution "Main Bureau of Medical and Social Expertise in the Samara Region", Samara, 2011
Generalized experience presented neurological practice on the development of standards for compliance with the degree of impairment of limb functions in paresis and plegia and the degree of impairment of statodynamic functions, which can be used in the practical activities of neurologists both in the medical and social examination service and in medical and preventive institutions.
Key words: paresis of the limbs, plegia of the limbs, severity of disorders
In practice, every doctor-specialist in medical and social examination, including a neurologist, is guided by the classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination, approved by order of the Ministry of Health and Social Development of the Russian Federation of December 23, 2009 No. 1013n, which distinguish 4 degrees severity of the main types of dysfunctions of the body:
I degree - minor violations;
II degree - moderate violations;
III degree - pronounced violations;
IV degree - significantly pronounced violations.
Based on more than 20 years of neurological experience in medical and social examination institutions, the authors propose for a unified assessment of the correspondence between the severity of paresis and plegia of the limbs and the degree of disturbance of static-dynamic functions that the lesions lead to nervous system with focal organic symptoms, use the following in the practice of medical and social examination approximate standards, presented in the form of tables (Tables 1-5).
Disturbances of statodynamic functions in upper mono- and paraparesis
The severity of disturbances in static-dynamic functions
Classification of the main types of dysfunctions of the body and the degree of their severity
The degree of impairment of body functions is characterized by various indicators and depends on the type of functional impairment, methods for their determination, the ability to measure and evaluate the results.
The following disorders of body functions are distinguished:
- disturbances of mental functions (perception, attention, memory, thinking, intelligence, emotions, will, consciousness, behavior, psychomotor functions)
- violations of language and speech functions (violations of oral (rhinolalia, dysarthria, stuttering, apalia, aphasia) and written (dysgraphia, dyslexia), verbal and non-verbal speech, voice formation disorders, etc.)
- disorders of sensory functions (vision, hearing, smell, touch, tactile, pain, temperature and other types of sensitivity);
- violations of static-dynamic functions ( motor functions head, torso, limbs, statics, coordination of movements)
- visceral and metabolic disorders(functions of blood circulation, respiration, digestion, excretion, hematopoiesis, metabolism and energy, internal secretion, immunity)
- disorders caused by physical deformity (deformations of the face, head, torso, limbs, leading to external deformity, abnormal openings of the digestive, urinary, respiratory tracts, disturbance of body size)
Based on a comprehensive assessment of various parameters characterizing persistent dysfunctions of the human body, taking into account their qualitative and quantitative values, FOUR degrees of their severity are distinguished:
1st degree - minor violations
2nd degree - moderate violations
3rd degree - severe disturbances
4th degree - significantly pronounced violations.
Disability leads to limitation of life activity, i.e. to a complete or partial loss of the ability or ability to carry out self-care, move independently, navigate, communicate, control one’s behavior, learn and engage in work.
In a comprehensive assessment of various indicators characterizing the limitations of the main categories of human life, 3 degrees of their severity are distinguished:
Self-care ability is a person’s ability to independently fulfill basic physiological needs, perform daily household activities, including personal hygiene skills:
1st degree - the ability for self-service with a longer investment of time, fragmentation of its implementation, reduction in volume, using, if necessary, auxiliary technical means
2nd degree - ability for self-care with regular partial assistance from other persons, using auxiliary technical means if necessary
3rd degree - inability to self-care, need for constant assistance and complete dependence on other persons
Ability for independent movement - the ability to independently move in space, maintain body balance when moving, at rest and changing body position, to use public transport:
1st degree - the ability to move independently with a longer investment of time, fragmentation of execution and reduction of distance using, if necessary, auxiliary technical means
2nd degree - ability to move independently with regular partial assistance of other persons using assistive technical means if necessary
3rd degree - inability to move independently and need constant assistance from others
Orientation ability - the ability to adequately perceive the environment, assess the situation, the ability to determine the time and location:
1st degree - the ability to navigate only in a familiar situation independently and (or) with the help of auxiliary technical means
2nd degree - ability to orient with regular partial assistance from other persons, using auxiliary technical means if necessary
3rd degree - inability to orientate (disorientation) and need for constant assistance and (or) supervision of other persons
The ability to communicate is the ability to establish contacts between people by perceiving, processing and transmitting information:
1st degree - ability to communicate with a decrease in the pace and volume of receiving and transmitting information; use, if necessary, assistive technical aids
2nd degree - ability to communicate with regular partial assistance from other persons, using auxiliary technical means if necessary
3rd degree - inability to communicate and need for constant help from others
The ability to control one’s behavior is the inability to self-awareness and adequate behavior taking into account social, legal, moral and ethical standards:
1st degree - periodically occurring limitation of the ability to control one’s behavior in difficult situations life situations and (or) constant difficulty in performing role functions affecting certain areas of life, with the possibility of partial self-correction;
2nd degree - a constant decrease in criticism of one’s behavior and environment with the possibility of partial correction only with the regular help of other people;
3rd degree - inability to control one’s behavior, inability to correct it, need for constant help (supervision) from other persons;
Ability to learn - the ability to perceive, remember, assimilate and reproduce knowledge (general education, professional, etc.), mastery of skills and abilities (professional, social, cultural, everyday):
1st degree - ability to learn, as well as to receive education at a certain level within the framework of government educational standards V educational institutions general purpose using special teaching methods, special regime training, using, if necessary, auxiliary technical means and technologies;
2nd degree - the ability to learn only in special (correctional) educational institutions for students, pupils with developmental disabilities or at home under special programs using, if necessary, auxiliary technical means and technologies;
3rd degree - learning disability
The most important thing in medical and social examination is the examination of a person’s ability to work, which determines:
- human ability to reproduce special professional knowledge, skills and abilities in the form of productive and efficient work;
- a person’s ability to carry out labor activities in a workplace that does not require changes in sanitary and hygienic working conditions, additional measures for organizing work, special equipment and equipment, shifts, pace, volume and severity of work;
- a person’s ability to interact with other people in social and labor relations;
- ability to motivate work;
- ability to adhere to work schedule;
- ability to organize the working day (organization of the labor process in a time sequence).
Assessment of indicators of ability to work is carried out taking into account existing professional knowledge, skills and abilities.
The criterion for establishing the 1st degree of limitation of the ability to work is a health disorder with a persistent moderate disorder of body functions, caused by diseases, consequences of injuries or defects, leading to a decrease in qualifications, volume, severity and intensity of the work performed, the inability to continue working in the main profession if it is possible to perform other types of lower-skilled work under normal working conditions in the following cases:
- when performing work under normal working conditions in the main profession with a decrease in the volume of production activity by at least 2 times, a decrease in the severity of work by at least two classes;
- when transferred to another job of lower qualifications under normal working conditions due to the inability to continue working in the main profession.
The criterion for establishing the 2nd degree of limitation of the ability to work is a health disorder with a persistent pronounced disorder of body functions caused by diseases, consequences of injuries or defects in which it is possible to carry out work in specially created working conditions, with the use of auxiliary technical means and (or) with the help of others.
The criterion for establishing the 3rd degree of limitation of the ability to work is a health disorder with a persistent, significantly expressed disorder of body functions, caused by diseases, consequences of injuries or defects, leading to complete inability to work, including in specially created conditions, or work activity that is contraindicated .
Depending on the degree of deviation from the norm of human activity due to health impairment, the degree of limitation of life activity is determined. In turn, depending on the degree of disability and the degree of impairment of body functions, a disability group is established. Criteria for establishing disability groups
The criterion for determining the FIRST GROUP OF DISABILITY is a person’s health impairment with a persistent, significantly pronounced disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of one of the following categories of life activity or a combination of them and necessitating his social protection:
- self-service abilities of the third degree;
- ability to move third degree;
- orientation abilities of the third degree;
- communication abilities of the third degree;
- ability to control one's behavior to the third degree.
The criterion for establishing the SECOND GROUP OF DISABILITY is a person’s health impairment with a persistent severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of one of the following categories of life activity or a combination of them and necessitating his social protection:
- self-service abilities of the second degree;
- mobility ability of the second degree;
- orientation abilities of the second degree;
- communication abilities of the second degree;
- ability to control one's behavior to the second degree;
- learning abilities of the third, second degrees;
- ability for work activity of the third, second degrees.
The criterion for determining the THIRD GROUP OF DISABILITY is a person’s health impairment with a persistent moderately severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of the ability to work 1st degree or limitation of the following categories of life activity in their various combinations and causing the need for his social protection:
- self-care abilities of the first degree;
- first degree mobility ability;
- orientation abilities of the first degree;
- communication skills of the first degree;
- ability to control one's behavior first degree;
- first degree learning abilities.
The examination of childhood disability is based on modern concept WHO, which believes that the reason for assigning disability is not the disease or injury itself, but the severity of their consequences, which manifest themselves in the form of violations of a particular psychological, physiological or anatomical structure or function, leading to limitation of life activity and social failure.
Indications for establishing disability in children are pathological conditions that arise from congenital, hereditary, acquired diseases or after injuries.
In accordance with the adapted version of the “International Nomenclature of Impairments, Disabilities and Social Disabilities”, the category of disabled children includes children under 16 years of age who have significant disabilities leading to social maladaptation due to impaired development and growth of the child, loss of control over their behavior, ability to to self-care, movement, orientation, training, communication, and work in the future.
Medical indications for determining disability in children include three sections:
Section 1 - a list of pathological conditions leading to temporary limitation of life activity and social maladaptation of a child in the event of severe but reversible disorders of the functions of organs and systems and giving the right to be declared disabled for a period of 6 months to 2 years;
Section 2 - pathological conditions leading to partial limitation of life activity and social maladaptation of the child with the predicted possibility of full or partial restoration of the impaired functions of organs and systems. There are two groups of pathological conditions: 2A - with the right to establish disability for a period of 2 to 5 years, i.e. re-examination is carried out every 2-5 years; 2B - with the right to establish disability for a period of up to 5 years or more, i.e. re-examination is carried out no more often than after 5 years;
Section 3 - pathological conditions leading to significant limitation of life activity and social maladjustment of the child with pronounced irreversible dysfunction of organs and systems. A medical report on pathological conditions regulated by section 3 is issued once before the age of 16.
The category “disabled child” is determined in the presence of limitations in life activity of any category and any of the three degrees of severity (which are assessed in accordance with the age norm), causing the need for social protection.
Based on expert ITU decisions a conclusion is drawn up in the form of an “ITU Certificate”, which is issued to the disabled person. The certificate indicates the group and cause of disability, work recommendations, and the deadline for the next re-examination. In addition to the certificates, ITU sends a notice of the decision to the institution within three days.
In cases where the examinee does not agree with by decision, he can submit a written application to the chairman of the ITU or the head of the district social protection department within a month.
The degree of limitation of the main categories of human life activity is determined based on an assessment of their deviation from the norm corresponding to a certain period (age) of human biological development.
The disability group is established for citizens over 16 years of age. The examination of childhood disability does not provide for differentiation by group. When identifying a disability under the age of 16, the concept of “disabled child” is used.
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