Changes in the order of the Ministry of Internal Affairs of the Russian Federation 1298. Fundamentals of public administration, labor and employment, social security and social insurance


OrderMinistry of Internal Affairs of the Russian Federation of December 23, 2011 N 1298

"On the approval of the Instructions on the procedure for delivering persons who are in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to move independently or navigate in the environment, in medical organizations"

Registered in the Ministry of Justice of the Russian Federation on February 21, 2012 N 23298.
The task of the police in delivering persons in a state of intoxication to medical organizations is to provide the necessary assistance in order to prevent danger that threatens their life and health.

An Instruction has been approved that determines the procedure for delivering persons who are on the streets, squares, stadiums, squares, parks, highways, railway stations, airports and other public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to move independently or navigate in environment, in medical organizations of the state or municipal health care systems.

The instruction, in particular, provides that police officers, upon detecting persons who are in a state of intoxication, including minors, if necessary, provide them with first aid, organize an immediate call to the place mobile brigade ambulance medical care, about which they report to the duty unit of the territorial body of the Ministry of Internal Affairs of the Russian Federation and act in accordance with the instructions of the duty officer, and also ensure the safety of the property of persons in a state of intoxication.
CRIMINAL LAW. ENFORCEMENT OF PUNISHMENTS
FederallawNo. 14-FZ dated February 29, 2012

"On amendments to the Criminal Code Russian Federation and certain legislative acts of the Russian Federation in order to strengthen the responsibility for crimes of a sexual nature committed against minors "
Compulsory medical measures may be imposed by the court on persons who have committed a crime against the sexual integrity of a minor under 14 years of age and who suffer from a sexual preference disorder (pedophilia) that does not exclude sanity

A law aimed at toughening punishment for crimes against the sexual inviolability of minors has been adopted.

In particular, life imprisonment will be established for the commission of especially grave crimes against minors under the age of 14 years.

Aggravating circumstances include the commission of a crime against a minor by a parent or other person who is entrusted by law with the responsibility for raising a minor, as well as by a teacher who is obliged to supervise the minor.

For crimes against the sexual inviolability of minors under the age of 14 years, a conditional sentence will not be assigned.

Conditional early release may be applied only after the convict has actually served at least four-fifths of the term of punishment imposed for these crimes.

The federal law introduces a procedure for extending the application of medical measures for the period after the release of persons who have committed these crimes.

The criminal liability for crimes against the sexual inviolability of minors has been strengthened, and criminal liability has been established for the use of a minor in order to produce pornographic materials or objects.
The decision of the Supreme Court of the Russian Federation of 07.02.2012 N GKPI11-2095
The Supreme Court of the Russian Federation recognized the right of lawyers to carry and use cameras, video and audio equipment in correctional facilities when meeting with convicts

From the day the Decision of the Armed Forces of the Russian Federation came into force, clauses 76, 80 of the Internal Regulations of Correctional Institutions, approved by Order of the Ministry of Justice of the Russian Federation of November 3, 2005 N 205, clause 18 of Appendix N 1 to them, in the part that allows the provisions of these clauses to be carried through, were declared invalid and the use of cameras, video and audio equipment by a lawyer (defender) in correctional facilities when meeting with convicts.

The Supreme Court of the Russian Federation, in particular, noted that the restrictions established by paragraphs 76 and 80 of the Rules apply equally to all persons who have arrived on a date, including lawyers, which, in essence, means depriving the convict of the constitutional right to receive full volume of qualified legal assistance, and a lawyer (defender) - the opportunity to properly perform their professional and procedural duties, if the absence of relevant items during the meeting and technical means, the use of which in the exercise of advocacy is not prohibited by law, prevents the receipt of documents and information necessary for the defense.

Restrictions and prohibitions on the bringing by a lawyer (defender) to the penal institution of objects and things for use when meeting with convicts in order to provide them with qualified legal assistance can only be introduced by a federal law, and not by a departmental regulatory legal act.
INTERNATIONAL RELATIONSHIPS. INTERNATIONAL LAW
FederallawNo. 5-FZ dated February 28, 2012

"On the ratification of the Convention between the Government of the Russian Federation and the Government of the Republic of Chile for the avoidance of double taxation and the prevention of tax evasion with respect to taxes on income and capital"
The Convention between Russia and Chile for the avoidance of double taxation and the prevention of tax evasion with respect to taxes on income and capital, signed in Santiago on November 19, 2004, was ratified

The purpose of the Convention is to provide conditions under which legal and individuals of each of the contracting states will not pay taxes twice on the same type of income and capital in their own state and in the partner state.

The Convention applies to taxes on income and capital of persons who have a place of residence, permanent residence, place of management, place of registration in the Russian Federation or in the Republic of Chile.

The Convention provides that the taxation of income (profit) from entrepreneurial activity of a person of one Contracting State is carried out in another Contracting State if such person carries on business in that other State through a permanent establishment situated therein. At the same time, in relation to construction and installation works or related supervisory activities, as well as activities to provide professional services and other activities of an independent personal nature, it is specified that the profits derived from these activities will be taxable if the duration of such activities exceeds 6 months or 183 days in any twelve-month period.

Income from real estate may be taxed in the state where such property is actually located.

Profits derived by an enterprise of a Contracting State from the exploitation of marine or aircraft in international traffic, is taxable only in that state.

Capital represented real estate, may be taxed in the state where such property is actually located.
FederallawNo. 7-FZ dated February 28, 2012

"On Ratification of the Protocol on Amendments to the Charter of the Collective Security Treaty Organization of October 7, 2002"
Ratified the Protocol on Amendments to the Charter of the Collective Security Treaty Organization, signed on December 10, 2010 in Moscow

The protocol provides for the clarification of the areas of activity of the CSTO on the formation of an effective system of collective security and the procedure for responding to crisis situations that threaten the security, stability, territorial integrity and sovereignty of the CSTO member states, clarification organizational structure CSTO, tasks and functions of the CSTO Permanent Council, Secretary General CSTO, the Secretariat and the Joint Headquarters of the CSTO.

The protocol establishes that the CSTO member states take joint measures to create coalition (collective) forces of the CSTO, regional (combined) groupings of troops (forces), peacekeeping forces, joint systems and control bodies for them, military infrastructure, interact in the areas of military-technical ( military-economic) cooperation, provision of the armed forces, law enforcement and special services with the necessary weapons, military, special equipment and by special means, as well as in the areas of state border protection, information exchange, information security, protection of the population and territories from emergency situations of a natural and man-made nature, from dangers arising during the conduct or as a result of the conduct of hostilities.

AT new edition The Charter provides for the possibility of making decisions by the Collective Security Council in a limited format, provided that none of the CSTO member states objects to such a decision-making procedure. In addition, in accordance with the amendments to the Charter, funds from extrabudgetary sources can be attracted to finance the activities of the CSTO.
Federallawdated 28.02.2012 N 9-FZ

"On Ratification of the Protocol on Amendments to the Agreement between the Government of the Russian Federation and the Government of the Republic of Cyprus for the avoidance of double taxation with respect to taxes on income and capital of December 5, 1998"
The Protocol amending the Agreement between Russia and Cyprus of December 5, 1998 on the avoidance of double taxation with respect to taxes on income and capital was ratified

The Protocol clarifies some of the terms used in the Agreement (revenues from international transport, dividends, interest), as well as the provisions of the Agreement regarding the conduct by the competent authorities of the two countries of mutual agreement procedures and consultations, including in disputable situations related to determining the effective place of management of legal entities.

The agreement is supplemented with provisions specifying the procedure for taxing part of the income from the provision of services, provisions that allow taxing income mutual funds and income from the alienation of shares of companies whose capital is 50% or more represented by real estate.
FederallawNo. 12-FZ dated February 28, 2012

"On ratification of the Agreement between the Russian Federation and the Republic of Tajikistan on cooperation on border issues"
Ratified the Agreement on cooperation on border issues between Russia and Tajikistan, signed on September 2, 2011 in Dushanbe

The agreement provides for the preservation of the Russian presence on the territory of Tajikistan as part of the Border Cooperation Group, participation Russian representatives in improving the security system state border and operational provision of border security in Tajikistan, training of personnel and specialists of the border agency of Tajikistan, as well as cooperation in the fight against terrorism, religious extremism, illegal migration and transnational organized crime.
FederallawNo. 13-FZ dated February 28, 2012

"On the ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Latvia on the facilitation of mutual travel of residents of the border areas of the Russian Federation and the Republic of Latvia"
The Agreement on Facilitation of Mutual Travel of Residents of the Border Territories of Russia and Latvia, signed in Moscow on December 20, 2010, was ratified

In accordance with the Agreement, mutual trips of residents of the border territories of Russia and Latvia will be carried out on the basis of a valid travel document (except for a diplomatic, service passport and sailor's certificate (passport)) and a permit for local border movement issued by the consular offices of the states of the parties in a simplified manner on the basis of compiled by the authorities local government Lists of inhabitants of the mentioned territories. In this case, invitations provided for by the laws of Russia and Latvia when applying for a visa will not be required.

The grounds for including residents of border areas in the relevant Lists are:

Ownership of real estate in the border area;

Visiting relatives;

Receiving medical care;

Organization or participation in cultural, educational or sporting events held by the authorities and institutions of the states of the parties on a regular basis;

performance of religious rites;

Implementation of regular contacts in the field economic activity on the basis of relevant contracts without the right to work.

Border territories are understood as the territories of municipal (territorial) formations adjacent to the border and located in the zone no more than 30 km from it, while if part of such an formation is located in the zone from 30 to 50 km from the border, then such an formation is also considered part of the border territory .

The agreement provides for the free issuance of permits for border traffic.
* * *

MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

ABOUT APPROVAL INSTRUCTIONS
ON THE PROCEDURE FOR DELIVERY OF PERSONS IN PUBLIC
PLACES IN THE CONDITION OF ALCOHOLIC, DRUG OR OTHER
TOXIC DRUNK AND DISABLED
MOVING OR ORIENTING BY YOURSELF
IN THE ENVIRONMENT, IN MEDICAL ORGANIZATIONS

In order to implement paragraph 3 of part 1 of article 12, paragraph 14 of part 1 of article 13 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" and the organization of the necessary assistance to persons who are in public places in a state of alcohol, narcotic or other toxic intoxicated and who have lost the ability to move independently or navigate in the environment, I order:

——————————–
Collection of Legislation of the Russian Federation, 2011, N 7, Art. 900.

1. Approve the agreement agreed with the Ministry of Health and social development Russian Federation Instructions on the procedure for delivering persons who are in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to independently move or navigate in the environment to medical organizations.

2. Ministers of Internal Affairs for the republics, heads of main departments, departments of the Ministry of Internal Affairs of the Russian Federation for other constituent entities of the Russian Federation, heads of transport departments of the Ministry of Internal Affairs of the Russian Federation for federal districts, line departments of the Ministry of Internal Affairs of the Russian Federation for railway, water and air transport, ensure the study and implementation of the requirements of the Instruction approved by this order.

3. Control over the implementation of this order shall be entrusted to the Deputy Ministers of Internal Affairs of the Russian Federation responsible for the relevant areas of activity.

Minister
army General
R. NURGALIEV

Application
to the order of the Ministry of Internal Affairs of Russia
No. 1298 dated December 23, 2011

INSTRUCTIONS
ON THE PROCEDURE FOR DELIVERY OF PERSONS IN
IN PUBLIC PLACES IN THE STATE OF ALCOHOLIC,
DRUG OR OTHER TOXIC DRUG
AND LOST THE ABILITY TO MOVE INDEPENDENTLY
OR ORIENTATE IN THE ENVIRONMENT,
TO MEDICAL ORGANIZATIONS

1. This Instruction determines the procedure for the delivery by police officers of persons who are on the streets, squares, stadiums, squares, parks, highways, railway stations, airports and other public places in a state of alcohol, drug or other toxic intoxication and who have lost the ability to move independently or navigate in the environment, in medical organizations of the state and municipal health care systems.

2. In their activities, police officers who deliver persons in a state of intoxication to medical organizations are guided by the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, federal laws, normative legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation on issues of protecting public order and ensuring public safety and protecting the health of persons issued within their competence, other regulatory legal acts of the Ministry of Internal Affairs of Russia and this Instruction.

3. The task of the police in the delivery of persons in a state of intoxication is to provide the necessary assistance in order to prevent the danger that threatens their life and health.

4. The main functions of the police for the delivery of persons in a state of intoxication are:

4.1. Identification of them at posts and patrol routes.

4.2. Implementation of a mobile ambulance call to the place of their discovery.

4.3. Prevention of illegal actions against the above persons, as well as providing them with first aid in order to prevent danger that threatens their life and health.

4.4. Delivery of these persons to medical organizations in the absence of the possibility of the arrival of an ambulance team.

——————————–
For reference: medical organizations to which persons in a state of intoxication are delivered are determined territorial bodies health executive.

5. Upon detection of persons in a state of intoxication, including minors, police officers, if necessary, provide them with first aid, organize an immediate call to the place of an ambulance team, about which they report to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia, and act in in accordance with the instructions of the officer on duty, and also ensure the safety of the property of persons in a state of intoxication.

6. Medical evacuation of persons in a state of intoxication to medical organizations in the presence of medical indications for the provision of medical care in a hospital is carried out by mobile ambulance teams. In the absence of the possibility of the arrival of an ambulance team, police officers deliver persons in a state of intoxication to medical organizations in official vehicles.

In the absence of medical indications for the provision of medical care in a hospital to persons in a state of intoxication, police officers receive the following information from a medical worker: name of the station (substation), emergency department, last name, first name, patronymic of the medical worker of the field ambulance brigade, number of the ambulance call card indicating the date and time of the call.

7. In the absence of medical indications for the provision of medical care in a hospital, persons in a state of intoxication who have committed offenses are delivered by police officers to the duty units of the territorial bodies of the Ministry of Internal Affairs of Russia.

8. Before placing persons in a state of intoxication in the cabin vehicle police officers need to make sure that they do not have weapons, as well as other items that can be used as weapons.

9. If persons in a state of intoxication are found to have weapons and other items that can be used as weapons, or indicating their possible involvement in the commission of a crime, as well as if there is information about their participation in the commission of crimes, being on the wanted list police officers report to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia and act in accordance with the instructions of the duty officer.

10. In case of delivery by police officers to medical organizations and during examination by medical workers of persons in a state of intoxication, police officers ensure the safety of medical workers.

11. If there are medical indications for the provision of medical care in a hospital for a person in a state of intoxication, delivered to a medical organization by a police officer, a document is drawn up on the transfer of the specified person to a medical organization, which is signed medical worker and a police officer.

12. In the absence of medical indications for the provision of medical care in a hospital, a police officer who delivered a person who is in a state of intoxication receives from a medical worker of a medical organization a document drawn up in free form by a medical worker of a medical organization indicating: the name of the medical organization, last name, first name, patronymic of the person in a state of intoxication, the date and time of his delivery to the medical organization, is certified personal signature medical worker.

Agreed
Minister of Health
and social development
Russian Federation
T.GOLIKOVA
December 22, 2011

MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

ABOUT APPROVAL INSTRUCTIONS
ON THE PROCEDURE FOR DELIVERY OF PERSONS IN
PUBLIC AREAS IN ALCOHOLIC STATE,

MOVING OR ORIENTING IN THE ENVIRONMENT
ENVIRONMENT, IN MEDICAL ORGANIZATIONS

In order to implement paragraph 3 of part 1 of article 12, paragraph 14 of part 1 of article 13 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" and the organization of the necessary assistance to persons who are in public places in a state of alcohol, narcotic or other toxic intoxicated and who have lost the ability to move independently or navigate in the environment, I order:

——————————–
Collection of Legislation of the Russian Federation, 2011, N 7, Art. 900.

1. Approve the Instruction agreed with the Ministry of Health and Social Development of the Russian Federation on the procedure for delivering persons in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to independently move or navigate in the environment to medical organizations.

2. Ministers of Internal Affairs for the republics, heads of main departments, departments of the Ministry of Internal Affairs of the Russian Federation for other constituent entities of the Russian Federation, heads of transport departments of the Ministry of Internal Affairs of the Russian Federation for federal districts, line departments of the Ministry of Internal Affairs of the Russian Federation for railway, water and air transport, ensure the study and implementation of the requirements of the Instruction approved by this order.

3. Control over the implementation of this order shall be entrusted to the Deputy Ministers of Internal Affairs of the Russian Federation responsible for the relevant areas of activity.

Minister
army General
R. NURGALIEV

Application
to the order of the Ministry of Internal Affairs of Russia
No. 1298 dated December 23, 2011

INSTRUCTIONS
ON THE PROCEDURE FOR DELIVERY OF PERSONS IN
IN PUBLIC PLACES IN THE STATE OF ALCOHOLIC,
DRUG OR OTHER TOXIC DRUG
AND LOST THE ABILITY TO INDEPENDENTLY
MOVING OR ORIENTING IN THE ENVIRONMENT, IN MEDICAL ORGANIZATIONS

1. This Instruction determines the procedure for the delivery by police officers of persons who are on the streets, squares, stadiums, squares, parks, highways, railway stations, airports and other public places in a state of alcohol, drug or other toxic intoxication and who have lost the ability to move independently or navigate in the environment, in medical organizations of the state and municipal health care systems.

2. In their activities, police officers who deliver persons in a state of intoxication to medical organizations are guided by the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation Federation, regulatory legal acts of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation on issues of protecting public order and ensuring public safety and protecting the health of persons issued within their competence, other regulatory legal acts of the Ministry of Internal Affairs of Russia and this Instruction.

3. The task of the police in the delivery of persons in a state of intoxication is to provide the necessary assistance in order to prevent the danger that threatens their life and health.

4. The main functions of the police for the delivery of persons in a state of intoxication are:

4.1. Identification of them at posts and patrol routes.

4.2. Implementation of a mobile ambulance call to the place of their discovery.

4.3. Prevention of illegal actions against the above persons, as well as providing them with first aid in order to prevent danger that threatens their life and health.

4.4. Delivery of these persons to medical organizations in the absence of the possibility of the arrival of an ambulance team.

——————————–
For reference: medical organizations to which persons in a state of intoxication are delivered are determined by the territorial executive authorities in the field of healthcare.

5. Upon detection of persons in a state of intoxication, including minors, police officers, if necessary, provide them with first aid, organize an immediate call to the place of an ambulance team, about which they report to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia, and act in in accordance with the instructions of the officer on duty, and also ensure the safety of the property of persons in a state of intoxication.

6. Medical evacuation of persons in a state of intoxication to medical organizations in the presence of medical indications for the provision of medical care in a hospital is carried out by mobile ambulance teams. In the absence of the possibility of the arrival of an ambulance team, police officers deliver persons in a state of intoxication to medical organizations in official vehicles.

In the absence of medical indications for the provision of medical care in a hospital to persons in a state of intoxication, police officers receive the following information from a medical worker: name of the station (substation), emergency department, last name, first name, patronymic of the medical worker of the field ambulance brigade, number of the ambulance call card indicating the date and time of the call.

7. In the absence of medical indications for the provision of medical care in a hospital, persons in a state of intoxication who have committed offenses are delivered by police officers to the duty units of the territorial bodies of the Ministry of Internal Affairs of Russia.

8. Before placing persons in a state of intoxication into the interior of a vehicle, police officers must ensure that they do not have weapons, as well as other items that can be used as weapons.

9. If persons in a state of intoxication are found to have weapons and other items that can be used as weapons, or indicating their possible involvement in the commission of a crime, as well as if there is information about their participation in the commission of crimes, being on the wanted list police officers report to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia and act in accordance with the instructions of the duty officer.

10. In case of delivery by police officers to medical organizations and during examination by medical workers of persons in a state of intoxication, police officers ensure the safety of medical workers.

11. If there are medical indications for the provision of medical care in a hospital for a person in a state of intoxication, delivered to a medical organization by a police officer, a document is drawn up on the transfer of the specified person to a medical organization, which is signed by a medical worker and a police officer.

12. In the absence of medical indications for the provision of medical care in a hospital, a police officer who delivered a person who is in a state of intoxication receives from a medical worker of a medical organization a document drawn up in any form by a medical worker of a medical organization indicating: the name of the medical organization, last name, first name , patronymic of a person in a state of intoxication, the date and time of his delivery to a medical organization, is certified by the personal signature of a medical worker.

Agreed
Minister of Health
and social development
Russian Federation
T.GOLIKOVA
December 22, 2011

    Application. Instructions on the procedure for delivering persons who are in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to move independently or navigate in the environment to medical organizations

Order of the Ministry of Internal Affairs of the Russian Federation of December 23, 2011 N 1298
"On approval of the Instruction on the procedure for delivering persons who are in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to independently move or navigate in the environment to medical organizations"

In order to implement paragraph 3 of part 1 of article 12, paragraph 14 of part 1 of article 13 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" and the organization of the necessary assistance to persons who are in public places in a state of alcohol, narcotic or other toxic intoxicated and who have lost the ability to move independently or navigate in the environment - I order:

1. Approve the Instruction agreed with the Ministry of Health and Social Development of the Russian Federation on the procedure for delivering persons in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to independently move or navigate in the environment to medical organizations.

2. Ministers of Internal Affairs for the republics, heads of main departments, departments of the Ministry of Internal Affairs of the Russian Federation for other constituent entities of the Russian Federation, heads of transport departments of the Ministry of Internal Affairs of the Russian Federation for federal districts, line departments of the Ministry of Internal Affairs of the Russian Federation for railway, water and air transport, ensure the study and implementation of the requirements of the Instruction, approved by this order.

3. Control over the implementation of this order shall be entrusted to the Deputy Ministers of Internal Affairs of the Russian Federation responsible for the relevant areas of activity.

_____________________________

* Collection of Legislation of the Russian Federation, 2011, N 7, art. 900.

Registration N 23298

Agreed

*** For reference: medical organizations to which persons in a state of intoxication are delivered are determined by the territorial executive authorities in the field of healthcare.

It is fixed how police officers deliver to state or municipal medical organizations people who are on the streets, squares, stadiums, parks, airports, highways, train stations, etc. in a state of alcohol, drugs or other toxic intoxication. We are talking about those who cannot move independently or navigate in the environment.

Police officers identify such citizens at posts and patrol routes. They call an ambulance team to the place of their discovery.

They must also prevent illegal actions against these persons. They need to be given the necessary assistance to prevent the danger that threatens their life and health. If the ambulance team cannot arrive, police officers deliver the mentioned citizens to medical organizations in official vehicles.

The police report on the detection of persons in a state of intoxication to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia. In addition, they should ensure the safety of the property of these individuals.

If there are no indications for the provision of medical care in a hospital, persons in a state of intoxication who have committed offenses are taken to duty units.

Before placing a citizen who is in a state of intoxication into the interior of a vehicle, it is necessary to make sure that he does not have a weapon or other items that can be used as such.

During the examination by medical personnel of such persons, police officers ensure the safety of medical personnel.

If a person needs medical care in a hospital, a document is drawn up on his transfer to a medical organization. Otherwise, the health worker draws up a document in an arbitrary form, which reflects the name of the medical organization, the full name of the person in a state of intoxication, the date and time of his delivery.

Order of the Ministry of Internal Affairs of the Russian Federation of December 23, 2011 N 1298 "On approval of the Instructions on the procedure for delivering persons in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to move independently or navigate in the environment to medical organizations"


Registration N 23298


This Order shall enter into force 10 days after the date of its official publication.


Registration N 23298

In order to implement paragraph 3 of part 1 of article 12, paragraph 14 of part 1 of article 13 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" 1 and organize the necessary assistance to persons who are in public places in a state of alcohol, drugs or other toxic intoxication and those who have lost the ability to move independently or navigate in the environment - I order:

1. Approve the Instruction agreed with the Ministry of Health and Social Development of the Russian Federation on the procedure for delivering persons in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to independently move or navigate in the environment to medical organizations.

2. Ministers of Internal Affairs for the republics, heads of main departments, departments of the Ministry of Internal Affairs of the Russian Federation for other constituent entities of the Russian Federation, heads of transport departments of the Ministry of Internal Affairs of the Russian Federation for federal districts, line departments of the Ministry of Internal Affairs of the Russian Federation for railway, water and air transport, ensure the study and implementation of the requirements of the Instruction approved by this order.

3. Control over the implementation of this order shall be entrusted to the Deputy Ministers of Internal Affairs of the Russian Federation responsible for the relevant areas of activity.

Minister General of the Army R. Nurgaliyev

1 Collection of Legislation of the Russian Federation, 2011, N 7, Art. 900.

Application

Instructions on the procedure for delivering persons who are in public places in a state of alcoholic, narcotic or other toxic intoxication and who have lost the ability to move independently or navigate in the environment to medical organizations

1. This Instruction defines the procedure for the delivery by police officers of persons who are on the streets, squares, stadiums, squares, parks, highways, railway stations, airports and other public places in a state of alcohol, drug or other toxic intoxication and who have lost the ability to move independently or navigate in the environment 1 , in medical organizations of the state and municipal health care systems 2 .

2. In their activities, police officers who deliver persons in a state of intoxication to medical organizations are guided by the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation Federation, regulatory legal acts of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation on issues of protecting public order and ensuring public safety and protecting the health of persons issued within their competence, other regulatory legal acts of the Ministry of Internal Affairs of Russia and this Instruction.

3. The task of the police in delivering persons who are in a state of intoxication is to provide the necessary assistance in order to prevent danger that threatens their life and health.

4. The main functions of the police for the delivery of persons in a state of intoxication are:

4.1. Identification of them at posts and patrol routes.

4.2. Implementation of a mobile ambulance call to the place of their discovery.

4.3. Prevention of illegal actions against the above persons, as well as providing them with first aid in order to prevent danger that threatens their life and health.

4.4. Delivery of these persons to medical organizations 3 in the absence of the possibility of the arrival of an ambulance team.

5. Upon detection of persons in a state of intoxication, including minors, police officers, if necessary, provide them with first aid, organize an immediate call to the place of an ambulance team, which they report to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia and act in accordance with the instructions of the officer on duty, and also ensure the safety of the property of persons in a state of intoxication.

6. Medical evacuation of persons in a state of intoxication to medical organizations in the presence of medical indications for the provision of medical care in a hospital is carried out by mobile ambulance teams. In the absence of the possibility of the arrival of an ambulance team, police officers deliver persons in a state of intoxication to medical organizations in official vehicles.

In the absence of medical indications for the provision of medical care in a hospital to persons in a state of intoxication, police officers receive the following information from a medical worker: name of the station (substation), emergency department, last name, first name, patronymic of the medical worker of the field ambulance brigade, number of the ambulance call card indicating the date and time of the call.

7. In the absence of medical indications for the provision of medical care in a hospital, persons in a state of intoxication who have committed offenses are delivered by police officers to the duty units of the territorial bodies of the Ministry of Internal Affairs of Russia.

8. Before placing persons in a state of intoxication into the interior of a vehicle, police officers must ensure that they do not have weapons, as well as other items that can be used as weapons.

9. If persons in a state of intoxication are found to have weapons and other items that can be used as weapons, or indicating their possible involvement in the commission of a crime, as well as if there is information about their participation in the commission of crimes, being on the wanted list , police officers report to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia and act in accordance with the instructions of the duty officer.

10. In case of delivery by police officers to medical organizations and during examination by medical workers of persons in a state of intoxication, police officers ensure the safety of medical workers.

11. If there are medical indications for the provision of medical care in a hospital for a person in a state of intoxication, delivered to a medical organization by a police officer, a document is drawn up on the transfer of the specified person to a medical organization, which is signed by a medical worker and a police officer.

12. In the absence of medical indications for the provision of medical care in a hospital, a police officer who delivered a person who is in a state of intoxication receives from a medical worker of a medical organization a document drawn up in any form by a medical worker of a medical organization indicating: the name of the medical organization, surname, the name, patronymic of the person in a state of intoxication, the date and time of his delivery to the medical organization, is certified by the personal signature of the medical worker.

3 For reference: medical organizations to which persons in a state of intoxication are delivered are determined by the territorial executive authorities in the field of healthcare.

Agreed

Minister of Health and Social Development of the Russian Federation

T. Golikova