If a person is registered with a drug dispensary, it indicates that a person has serious problems with alcohol. As reasons, one can indicate not only the systematic use of alcoholic beverages or the use of narcotic drugs, drivers who have lost their rights, punishment for driving while intoxicated, are also registered. This allows a person dependent on alcohol
leg, get free medical care and get rid of harmful cravings. After undergoing treatment and obtaining the required results, deregistration follows, after which the person can return to normal life.
Not every person is able to admit their problems with alcohol, and therefore the initiators of the registration of the patient may be his relatives. Since the patient does not want to get rid of the disease, which is of a narcotic nature, his registration indicates the deprivation of the patient of part of his civil rights. As persons acting as initiators of registration, you can specify the parents and spouses of an alcoholic. This method is unpleasant, but forced, especially since it pursues the interests of the patient himself. For registration, it is necessary to collect personal information about the patient - in addition to the full name, it includes data on work, study, address of residence, etc., and an identity card is also required. Only registration gives the patient the right to full and free treatment for addiction to alcohol or drugs at the place of residence. As for drivers deprived of their rights for driving while intoxicated, the list of necessary documents for them includes the protocol of the traffic police inspector and the conclusion of a medical examination.
The data on the number of registered patients provide the necessary statistics on the problem of drug and alcohol consumption, which is one of the fundamental data for assessing public order. Prevention and treatment of alcoholism is a state program, and statistical data on patients in narcological dispensaries make it possible to assess the scale and changes in the drug business.
It is worth noting cases of registration of minors, initiated by relatives, in order to save the offspring from service in the aria. Alternatively, some parents really use the help of specialists from the dispensary in order to rid their child of addiction to alcohol or drugs.
In any case, a free course of treatment allows you to undergo a course of medical procedures, improve your health and get rid of unhealthy cravings under the supervision of a specialist narcologist.
Alcoholism or drug addiction not only allows a person to receive help and treatment, but also imposes certain restrictions in professional terms. Being registered in a drug treatment clinic, a person cannot hold the following positions:
With any form of drug registration, a mandatory visit to the treating specialist-narcologist is implied. At the same time, the number of mandatory visits to the doctor is directly related to the length of the period of sobriety. More period - fewer visits, the only thing is that in the first half of the year, visits to the doctor should be made monthly.
As for a certificate from a narcologist, which may be required when applying for a job, it is impossible to issue it, which also limits a person's ability to choose jobs.
Registering with a narcological dispensary has a number of advantages:
All these indulgences are designed to help a person in need of addiction treatment overcome the fear of public opinion and recover from drug addiction or alcoholism.
The deregistration procedure depends on the type of account the patient is on. If a person was detained by the police while driving while intoxicated, then in this case it is necessary to seek the help of a lawyer. If there are still problems with alcohol dependence, then it is necessary to undergo treatment and be deregistered by order of the attending physician or commission. The following terms of treatment are established, after which you can issue a deregistration:
As for violators of the law on the prohibition of driving while intoxicated, the following documents are required to deregister with the help of a medical commission and a court session:
There is no need to be afraid of being placed under the supervision of a drug addict. The state thus "turns on" the usual law enforcement measure. It is this fact that allows drug addicts to undergo a complete and free therapy for drug and alcohol addiction. And this "terrible" accounting will automatically go away as soon as the causes and consequences of the disease disappear.
But some, out of ignorance of the law, want to make the process of "liberation" as soon as possible and do not suspect that in doing so they lose the opportunity to receive free treatment. In the future, they will be able to carry out therapy, but only by order of the courts. Let's talk about how to deregister in a narcological dispensary and not lose anything.
This procedure does not apply in Russia to any special process. This phenomenon is common and happens for the following reasons:
In order to be removed from the narcological register as quickly as possible, it is better to use the help of a forensic physician (narcologist-psychiatrist) and a lawyer. Specialists in this field will help you quickly go through all the procedures provided for by law.
The number of people on medical records is growing every year
To engage in the process of deregistration, you need to know and be aware of all the nuances of this event.
When a person is on the “listed” lists, he automatically falls into the category of citizens who need addiction treatment. Such a patient is deprived of some of his rights (as a civilian). But do not worry - deprivation of rights occurs in a very limited amount.
One important truth should be remembered - registration in the dispensary, although not entirely pleasant, is an extremely necessary way of effectively influencing the addict, pushing him to treatment and returning to a healthy life. Close relatives of the addict often advocate such a step.
Observation in the drug dispensary is important, first of all, when conducting state registration and control of existing problems related to the increase in the use of alcohol and drugs. Such a procedure makes a significant contribution to the refinement and development of domestic policies aimed at preventing and combating alcoholism and drug addiction. And also for the development of measures aimed at combating drug trafficking.
Challenges facing drug treatment clinics
Placement under supervision in a drug dispensary is necessary for the person himself for a speedy recovery from a deadly addiction.
What rights does this procedure give? There are quite a few of them:
Of course, this procedure also has certain disadvantages. When placed under observation, a number of strict restrictions are imposed on a person.. In particular, the patient is deprived of the opportunity:
According to modern legislation (Article 3185-1 of the Decree "On Psychiatric Care and Guarantees of Citizens' Rights in its Provision"), a person, after registering at a drug dispensary, gets the opportunity to use highly qualified, free medical care. He will receive it in a state institution at his place of residence.
If there is a registration of a person detained by the traffic police while driving in an intoxicated / narcotic state, the entire registration procedure takes place on the basis of the protocol drawn up by the patrol. The results of the medical examination are also important.
Legislation has developed several types of registration and control of addicts. Let's look at them in more detail.
When is Compulsory Drug Addiction Treatment Applied?
Developed for citizens in whom, as such, the pathology has not yet been established and there is no designated diagnosis. Preventive control is carried out by doctors for about 10-12 months, while the opportunity to receive full-fledged treatment from a citizen remains. To remove the control, the written consent of the physician is required. Preventive accounting is determined in the following cases:
The period of stay on this type of control can be extended and transferred to medical examination. The reason for this is the aggressive behavior of a person and the continued use of alcohol and drug-containing substances.
This type of observation is intended for addicts with an already diagnosed disease. During their stay in the dispensary, people are required to constantly undergo medical examinations, adhere to the prescribed course of therapy and pass all the necessary tests. There is also the possibility of home treatment of the patient. Doctors will regularly check it, control the way of life.
In case of non-compliance with the rules, non-appearance of the patient for the prescribed procedures and medical examinations, doctors have every right to contact law enforcement agencies to bring the patient to a narcologist. But this event is a one-time event.
Direction of drug addiction treatment
No one can force a person to undergo all medical procedures and visit a doctor. To remove the supervision of a dispensary type, a decision of the medical board is necessary. Observation is automatically removed if a person commits an offense and is sentenced to a term of three years or more.
It is used by people suffering from addiction and wishing to be cured on the rights of anonymity. More often, citizens themselves resort to the help of specialists and voluntarily register in the clinic. In this case, all personal data is stored in the hands of the specialist involved in the treatment. Information about the addict is not included in the general database and is not taken into account anywhere.
In the case of anonymous observation, considering the question of whether it is possible to obtain rights if you are registered with a narcologist, the answer is “yes”. With such control, a person has complete freedom of action and decisions. He is not even obliged to take tests without fail, but he can resort to the help and advice of a narcologist (if necessary).
The only disadvantage of such control is the fact that with anonymous observation, medical services and all necessary medical procedures become paid. Nothing is needed to remove an "anonymous" citizen from observation.
All people who are faced with obtaining a car license know that when passing a medical examination, permission from a narcologist is required. And are they registered in a narcological dispensary after the deprivation of rights and the detention of the owner of the car in an inadequate form? When determining such a person for registration (if the person was driving in a state of drug or alcohol intoxication), he will lose his driver's license.
Citizens who are under drug control have strong contraindications prohibiting driving.
But, if a person is put under preventive control, he will not be sick as such, and, therefore, he will retain crusts. True, in the case of replacing an expired driver's license, new rights will not be issued to a person.
Reasons for revocation of a driver's license
Renewal or extension of rights is possible only after the removal of control, but only if the addict is in the "improvement" stage. How to deregister from a narcologist and get rights should be discussed in more detail and in detail.
This decision falls entirely on the shoulders of the attending medical specialist. By the way, the task of physicians does not at all become an increase in the number of addicts. The doctor is not interested in long-term monitoring of addicts and is unlikely to deliberately increase the period of control.
The effectiveness of narcologists as doctors is affected by the number of people who successfully completed the course of treatment and who have been removed from the register. That is, it is not in the interests of the doctor to keep the patient under observation.
With the written consent of the narcologist to remove control from the patient, the final decision remains with the head of the drug clinic. The leading person also has the right to apply to the medical-judicial commission established in each drug addiction clinic and reduce the established period of the patient's stay in the clinic (at the request of the treating specialist). On average, the terms of dispensary control fit into the following time frames:
In this case, it is better to use the help of a qualified lawyer (if the control took place after the citizen was detained by law enforcement agencies or traffic police). Or simply do not put off therapy indefinitely and quickly go through all rehabilitation measures.
In the case of working with a legal center, it is necessary to arm yourself with a medical card (copy) of a registered person. Forensic narcologists-psychiatrists will carefully study all the facts presented in it and determine a reasoned verdict on the existence of the possibility of early deregistration.
The tasks of lawyers include maintaining the interests of the person throughout the work of the forensic medical commission and also during court hearings.
Also, lawyers must check the legality of placing this person under supervision. After all, the work of narcologists falls under the jurisdiction of the implementation of psychiatric practice. And this is regulated by the current legislation. The entire procedure for drug registration is prescribed in the law of the Russian Federation.
In the event of the discovery of the slightest inaccuracies and non-compliance with this law, the tasks of a lawyer are greatly simplified. In this case, the specialist makes a certain statement and, as part of the trial, seeks to recognize the registration as invalid due to its illegality.
By the way, in this legal area, quite a lot of inaccuracies and violations are always revealed. But to help cope with a quick release from surveillance is possible only with the help of a qualified lawyer. It is almost impossible to do this on your own, using legal flaws.
It is also possible to achieve early removal from the narcological register on your own. To do this, you should only devote all your strength to the rapid completion of a rehabilitation course. Impeccably follow the instructions of the doctor, undergo the prescribed procedures. In this case, after a year, you can raise the issue of removing from observation and returning all your lost rights.
Good afternoon, Alexey.
because I thought that I was removed from this account. Now, when requesting a certificate from a narcologist-psychiatrist from another honey. institutions, the answer came that I was registered with a diagnosis: repeated use of opioids with harmful consequences.
Alexei
At present, the Order of the Ministry of Health of the USSR dated September 12, 1988 N 704 “On the terms of dispensary observation of patients with alcoholism, drug addiction and substance abuse” (together with the “Instruction on the procedure for dispensary registration of patients with chronic alcoholism, drug addiction, substance abuse and preventive observation of persons who abuse alcohol, noticed in the non-medical consumption of narcotic and other intoxicating drugs) is still in force. without clinical manifestations of the disease).
This order contains all the grounds for deregistration of a person.
In particular, now you need to go through a commission so that the doctor fixes a stable remission, after which you will be removed from the register.
MINISTRY OF HEALTH OF THE USSR
ORDER
September 12, 1988
No. 704
ABOUT TERMS OF DISPENSARY SUPERVISION
PATIENTS WITH ALCOHOLISM, DRUG addicts
AND DRUG ABUSEDeregistration is carried out according to the following
reasons:
- stable remission (recovery);
- change of permanent place of residence with departure from
serviced by a narcological institution (subdivision)
territory, including in connection with the transfer under dispensary
observation in another narcological institution (subdivision);
- conviction with imprisonment for a term exceeding 1 year;
- referral to a medical and labor dispensary of the Ministry of Internal Affairs of the USSR (for
drug addicts)
- in connection with death.
Deregistration due to stable remission (on recovery)
made on the basis of the conclusion of a medical advisory
Commission of the institution in which the patient was observed. In the rest
cases, the conclusion on deregistration is drawn up by the attending physician
patient on the basis of official reports of the relevant
bodies or institutions, while the conclusion on withdrawal is signed
head of the medical institution, where
the patient was observed.
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Lawyer, Pyatigorsk
ChatHello.
Federal Law "On the fundamentals of protecting the health of citizens in the Russian Federation" dated November 21, 2011 N 323-FZ Article 20:
Informed voluntary consent to medical intervention and refusal of medical intervention
1. A necessary prerequisite for medical intervention is giving informed voluntary consent of a citizen or his legal representative for medical intervention on the basis of the complete information provided by the medical professional in an accessible form about the goals, methods of providing medical care, the risks associated with them, possible options for medical intervention, its consequences, as well as the expected results of medical care.
3. A citizen, one of the parents or other legal representative of the person specified in part 2 of this article has the right to refuse medical intervention or demand its termination, except for the cases provided for in part 9 of this article.
Article 9. Medical intervention without the consent of a citizen, one of the parents or other legal representative is allowed:
1) if medical intervention is necessary for emergency reasons to eliminate the threat to a person’s life and if his condition does not allow him to express his will or there are no legal representatives (in relation to the persons specified in part 2 of this article);
2) in relation to persons suffering from diseases that pose a danger to others;
3) in relation to persons suffering from severe mental disorders;
4) in respect of persons who have committed socially dangerous acts (crimes);
5) when conducting a forensic medical examination and (or) a forensic psychiatric examination.
11. Compulsory medical measures may be applied to persons who have committed crimes on the grounds and in the manner established by federal law.
Thus, drug accounting is a medical intervention. If you have not committed a crime, then you have every right to refuse to visit a narcologist and demand to remove you from the register.
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Lawyer, Pyatigorsk
ChatHowever, in practice, deregistration will not be so simple. If you simply demand that the narcologist remove you from the register on the basis of the above Federal Law 323, the narcologist may refuse you and will not bear any responsibility for this. Indeed, doctors are guided by the document that Dmitry Vasilyev cited - formally it is still valid, although it contradicts the current legislation. You will have to choose - to demand removal, possibly in court - or to compromise with the narcologist.
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Good afternoon According to the Order of the Ministry of Health of the USSR of September 12, 1988 N 704 "On the terms of dispensary observation of patients with alcoholism, drug addiction and substance abuse"
2. TERMS OF DISPENSARY REGISTRATION OF PATIENTS AND PREVENTIVE SUPERVISION OF PERSONS OF THE RISK GROUP IN DRUG INSTITUTIONS (SUBDIVISIONS)
During the dispensary registration, patients should receive qualified medical care that ensures a state of long-term remission. If the patient fulfills all the prescriptions of the attending physician, meets the deadlines for appearances in narcological institutions (subdivisions) and the onset of a stable, objectively confirmed remission after treatment, the following dispensary records are established:
a) patients with chronic alcoholism - 3 years;
b) patients with drug addiction and substance abuse - 5 years.
The purpose of preventive observation is to prevent the development of chronic alcoholism, drug addiction and substance abuse in risk groups.
The period of preventive observation of persons who abuse alcohol, noticed in the non-medical consumption of narcotic and other intoxicating drugs - 1 year.
In the process of dispensary registration, narcological patients can receive treatment both in outpatient and inpatient settings. In this case, the terms of treatment are set by the attending physician each time individually. The exception is narcological patients admitted to inpatient treatment for the first time in their lives: for patients with chronic alcoholism, the treatment period is at least 45 days, for patients with drug addiction and substance abuse - at least 60 days.
During preventive monitoring, patients are removed from the register, provided they refrain from drinking alcohol or drugs for a year from the date of registration.
How to deregister in a narcological dispensary: procedure
After the expiration of the period of registration, the patient should come to the narcological dispensary for the VKK and control of biological environments. With regard to citizens who are observed for preventive purposes, the decision of the VVK is not necessary - as a rule, it is enough for them to take tests to confirm the absence of alcohol or drugs in the body.
The date of the commission should be clarified with the attending physician during the appointment: you will have to appear at the narcologist for examination about 1 time per month.
Based on the results of the final examination, the commission may decide to deregister or extend it - it all depends on the patient's condition and his behavior.
Important: if alcohol or intoxicants are found in the patient's body, deregistration of the narcologist is impossible. There is only one exception to this rule - taking drugs, potent drugs or psychotropics for medical reasons http://sovetnik.consultant.ru/spravki/kak_snyatsya_s_ucheta_v_narkologicheskom_dispansere/
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Advocate, Saint Petersburg
ChatGood afternoon. At present, the Order of the Ministry of Health of the USSR, the Ministry of Internal Affairs of the USSR dated May 20, 1988 N 402/109 "On approval of the Instruction on the procedure for identifying and registering persons who allow non-medical consumption of narcotic or other drugs that entail intoxication, registration and referral for compulsory treatment of drug addicts" is recognized as invalid in the Russian Federation in connection with the publication of the Order of the Ministry of Health of the Russian Federation dated May 18, 2016 N 304 "On declaring invalid on the territory of the Russian Federation of the order of the Ministry of Health of the USSR, the Ministry of Internal Affairs of the USSR dated May 20, 1988 N 402/109 “On approval of the Instruction on the procedure for identifying and registering persons who allow non-medical consumption of narcotic or other drugs that entail intoxication, registration and referral for compulsory treatment of drug addicts”.
In the system of the Ministry of Internal Affairs of the Russian Federation, Order No. 402/109 is not applied in connection with the publication of the Order of the Ministry of Internal Affairs of the Russian Federation of June 30, 2003 N 492 “On the non-application of regulatory legal acts of the MOOP of the USSR, the Ministry of Internal Affairs of the USSR.”
Federal Law No. 323-FZ of November 21, 2011 (as amended on July 3, 2016) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (as amended and supplemented, effective from October 3, 2016)
Article 19. Right to medical care
5. The patient has the right to:
1) the choice of a doctor and the choice of a medical organization in accordance with this Federal Law;
2) prevention, diagnosis, treatment, medical rehabilitation in
medical organizations in conditions appropriate
sanitary and hygienic requirements;
3) obtaining advice from medical specialists;
4) relief of pain associated with the disease and (or) medical
intervention, available methods and drugs;
5) obtaining information about their rights and obligations, the state of their
health, the choice of persons to whom, in the interests of the patient,
information about the state of his health;
6) receiving therapeutic nutrition in the case of a patient being treated in a hospital;
7) protection of information constituting a medical secret;
8) refusal of medical intervention;
9) compensation for harm caused to health during the provision of medical care to him;
10) admission to him of a lawyer or legal representative to protect his rights;
11) admission of a clergyman to him, and if the patient is on
inpatient treatment - to provide conditions for
performing religious ceremonies, which can be held in
stationary conditions, including the provision of a separate
premises, if this does not violate the internal regulations of the medical
organizations.
Article 20. Informed voluntary consent to medical intervention and to refusal of medical intervention
1. Necessary prerequisite for medical intervention
is giving informed voluntary consent of a citizen or his
legal representative for medical intervention on the basis of
provided by a health worker in an accessible form complete
information about the goals, methods of providing medical care related to
their risk, possible options for medical intervention,
consequences, as well as the expected results of the provision of medical
help.
7. Informed voluntary consent to medical intervention or refusal of medical intervention is made in writing,
signed by a citizen, one of the parents or other legal
representative, health worker and kept in a medical
patient documentation.
Thus, I recommend that you apply in writing to the head of the narcological dispensary in which you are registered with a request for deregistration on the basis that you did not give informed voluntary consent to registration, and there was no court decision on the application of coercive medical measures against you.
In case of refusal to deregister, you can apply to the court with an administrative statement of claim to appeal against the decision to refuse deregistration and registration in the manner prescribed by Art. 218-220 of the Code of Administrative Procedure of the Russian Federation.
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Clarification of the client
Thank you for your reply. Is it possible to win this trial? And one more thing: we do not have a narcological dispensary, but a narcologist-psychiatrist in a polyclinic, whom should I contact in writing: the head of the polyclinic or the head physician?
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Advocate, Saint Petersburg
ChatPlease contact the head physician. In principle, the rules of law, my colleagues and I have indicated to you on the basis of which you can substantiate your claims. There is always a chance. However, it would be wrong to guarantee any outcome in this situation, since the subjective factor plays a very strong influence, including the opinion of the official who will consider your appeal or the position of the judge who will consider your claim.
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Lawyer, Pyatigorsk
ChatDo not forget that there are still nuances of a purely practical nature. What does it mean for you to win the court? Suppose the court will oblige to remove you from professional accounting. But it’s not at all a fact that when asked by a narcologist, he will simply answer: “he is not registered.” He can describe everything in detail: “he was, such and such a diagnosis was withdrawn by a court decision, he did not undergo treatment, there is no information about his recovery.” And no one will oblige him to give another, “clean” certificate. So from a practical point of view, I would recommend deregistration in the order required by doctors - despite the fact that this is not entirely correct and legal.
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Advocate, Saint Petersburg
ChatIn addition to the previously given answer, I want to clarify that the Instruction on the procedure for dispensary registration of patients with chronic alcoholism, drug addiction, substance abuse and preventive monitoring of persons who abuse alcohol, noticed in the non-medical consumption of narcotic and other intoxicating drugs without clinical manifestations of the disease, approved by Order of the Ministry of Health of the USSR dated September 12, 1988 N 704 "On the terms of dispensary observation of patients with alcoholism, drug addict ia and substance abuse”, the procedure for registration is not defined. This NLA refers on this issue to the invalid Order No. 402/109.
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Is it possible to win this trial? And one more thing: we do not have a narcological dispensary, but a narcologist-psychiatrist in a polyclinic, whom should I contact in writing: the head of the polyclinic or the head physician?
Alexei
In this situation, I think that it would be most correct to first contact the narcologist with whom you are registered for preventive care, “do not jump over your head”, try to resolve the issue of removing from prof. accounting with him, while you should not immediately give the narcologist all excerpts from the laws, on the basis of which he must remove you from the register, because. it can turn him against you. A colleague pointed out to you quite rightly that a narcologist can indicate in the certificate that you have previously been observed, and this is also a negative factor for characterizing a person.
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Responding to visitors, the consultants of the site Narkonet.Ru justify the drug registration system by saying that it allows patients suffering from chemical dependence "to be treated and receive supportive therapy, regular examinations and doctor's observations for free."
The above typical case is an illustration of these "benefits". And even if we assume that the patient, being registered, receives a minimum of free care, would it not be possible to provide him with the same maintenance therapy without registration? The discriminatory and repressive effects of drug registration more than outweigh the meager benefits that a few get from the status of "accountable". See more information about the tender on the site - http://salex-lcc.com.ua/ru/podgotovka-dokumentov-dlya-tendera.html.
The consequences of drug registration are as follows:
Impossibility of employment in certain professions.
The list of professions for which it is necessary to provide a certificate from a drug dispensary is established by Decree of the Government of the Russian Federation of April 28, 1993 No. 377 “On the implementation of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens in its provision”” (last edition of September 23, 2002) and includes the following activities:
1) work with benzene and its derivatives;
2) work related to drug trafficking;
3) work with oil and other saturated and unsaturated hydrocarbons;
4) pharmaceutical and pharmacological activities;
5) work related to the use of explosive materials;
6) work related to the carrying of weapons;
7) rescue services;
8) fire protection;
9) emergency medical services;
10) drivers of transport of all types;
11) work that ensures the movement of trains;
The impossibility of obtaining a driver's license - in accordance with paragraph 16 of the Rules for passing qualification exams and issuing driver's licenses, approved by Decree of the Government of the Russian Federation of December 15, 1999 N 1396 (as amended on November 21, 2001);
The impossibility of issuing a license to purchase (carry and store) self-defense weapons, smooth-bore or rifled hunting weapons - in accordance with the order of the Ministry of Health of the Russian Federation of September 11, 2000 N 344 "On medical examination of citizens for issuing a license for the right to purchase weapons";
The impossibility of adopting a child, establishing guardianship (guardianship) over him - in accordance with the order of the Ministry of Health of the Russian Federation dated September 10, 1996 No. 332 "On the procedure for medical examination of citizens who wish to become adoptive parents, guardians, trustees) or adoptive parents";
The impossibility of obtaining a residence permit and a temporary residence permit - in accordance with paragraph 6 of the Regulation on the issuance of a residence permit to foreign citizens and stateless persons, approved by Decree of the Government of the Russian Federation of November 1, 2002 No. 794 (as amended on March 28, 2008).
Theoretically, with the exception of the last point, these restrictions are justified. But the formal nature of narcological registration often leads to violations in the rights of people who do not suffer from addiction, have not used drugs for many years and are registered only because of the impossibility of regular visits to the drug dispensary. Situations are not uncommon when a person finds out about his status as "accountable" by chance, when applying for a certificate stating that he is not registered. As a rule, the administration of the drug dispensary does not take the initiative to inform citizens about their registration and about the requirements imposed in connection with this.
Parents who are registered with narcological dispensaries often face the threat of deprivation or restriction of parental rights (Articles 69 and 73 of the Family Code of the Russian Federation). Threats are often carried out, which does not always meet the interests of the child, especially when a certificate from the drug dispensary serves as the main, if not the only, argument of the guardianship and guardianship authority. In turn, the bureaucratized Russian court - practically all civil cases in it are considered by the judge alone - accepts the certificate as the main evidence confirming the need to take the child away from drug addict parents.
The most common consequence of drug registration is increased attention to those registered with the police and drug control. Those whose reputation is tarnished by involvement in illegal substances, who bear the stigma of a drug addict, most often become victims of extortion, provocations, falsifications by certain representatives of law enforcement agencies, are unreasonably detained, subjected to bullying and torture, and are forced to "voluntary" cooperation with operational agencies. Registered become the most promising candidates for prisoners. Drug registration, test purchase, six months in a pre-trial detention center, strict regime colony, tuberculosis, rejection, overdose.
The threat of being registered prevents drug addicts from seeking drug treatment at free public institutions. Drug accounting has made drug addiction in Russia completely latent, and the drug scene - opaque and incomprehensible.
The official understanding of these links is reflected in the rationale for the Federal Target Program "Comprehensive measures to combat drug abuse and illicit trafficking for 2005-2009":
“A significant discrepancy between the official statistics of the Ministry of Health and Social Development of the Russian Federation and the data obtained as a result of the all-Russian monitoring of the drug situation, on the number of people who illegally use drugs, indicates an improper organization of registration of this category of people. The main factor negatively affecting the inconsistency of statistical data with the real state of affairs is the unwillingness to be registered due to adverse legal consequences caused by the very fact of being registered in a drug treatment and preventive institution.”
What conclusions follow from this statement? Will it be decided to increase the detection of covert drug addiction (that is, tougher repressive measures) or will there be a change in the drug policy paradigm?
International non-profit organization "European Cities Against Drugs"
Head Office ECAD: City Hall, S-105 35 Stockholm, Sweden
Email:
Copyright © 2001 - 2015 All rights reserved
\Any drug addict who turns to ours for help undergoes anonymous treatment. That is, it is not included in the database of dependents. And in state dispensaries, if therapy is provided free of charge, drug registration is mandatory.
Accounting means that you will have to come to the narcologist for a certain period of time according to the schedule. The doctor examines, asks questions (sometimes quite personal), takes express tests.
Observation happens:
There are situations when a person does not even know that he is included in the register. This information pops up unexpectedly during a medical examination for work or obtaining / renewing a driver's license. This happens when they get to the drug dispensary once, for example, to “drip” after drinking. Some do not remember how events unfolded, what they signed. And then you have to pay.
It is prohibited for a person registered with a vocational account or a dispensary to:
Sometimes they make exceptions. This is determined by the medical board.
When doctors conclude that the condition has improved, and a three- or five-year term has passed, then all restrictions will be removed.
It is easier to avoid registration in a narcological dispensary than to analyze the consequences later. Therefore, we recommend that you contact our 12 Step Center anonymously for help, and then no one will ever know about your problem! Call!
Can they be forcibly registered in a narcological dispensary, on the basis of a refusal to undergo a medical examination, appointed as part of an initiated criminal case under article 228 part 1?
question №12410354
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According to the Federal Law of November 21, 2011 N 323-FZ “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”, registration with a drug addiction dispensary is carried out by the person’s own consent (voluntary), or by force.
P 9 Medical intervention without the consent of a citizen is allowed:
2) in relation to persons suffering from diseases that pose a danger to others
In this connection, for the indicated reasons, they cannot be registered.
(text edited on 04/12/2017 at 17:34)
You have already asked this question, they cannot force you to undergo a medical examination, without it they will illegally register you, respectively. This is only possible through a court order. Law "ON THE FOUNDATIONS OF HEALTH PROTECTION OF CITIZENS IN THE RUSSIAN FEDERATION" November 21, 2011 N 323-FZ
Medical intervention without the consent of a citizen, one of the parents or other legal representative is allowed by the court in the cases and in the manner established by the legislation of the Russian Federation.
Passing a medical examination is a medical intervention. And registration without a medical examination is impossible.
Compulsory medical measures may be applied to persons who have committed crimes on the grounds and in the manner established by federal law.In other cases, only a narcologist can register, only after a medical examination carried out voluntarily with your consent.
(text edited on 04/12/2017 at 17:39)
According to Art. 4 of the Federal Law of November 21, 2011 N 323-FZ (as amended on December 29, 2015) "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation", the basic principles of protecting health are:
1) observance of the rights of citizens in the field of health protection and provision of state guarantees related to these rights;
2) priority of the patient's interests in the provision of medical care;
According to Art. 2 of the Federal Law of November 21, 2011 N 323-FZ (as amended on December 29, 2015) "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation", containing the basic concepts,
medical intervention - performed by a medical worker and other worker with the right to carry out medical activities in relation to the patient, affecting the physical or mental state of a person and having a preventive, research, diagnostic, therapeutic, rehabilitation orientation types of medical examinations and (or) medical manipulations (clause 5),
prevention - a set of measures aimed at maintaining and strengthening health and including the formation of a healthy lifestyle, prevention of the occurrence and (or) spread of diseases, their early detection, identification of the causes and conditions for their occurrence and development, as well as aimed at eliminating the harmful effects on human health of environmental factors; (item 6)
patient - an individual who is receiving medical assistance or who has applied for medical assistance, regardless of whether he has a disease or his condition; (item 9)
According to paragraph 1 of Art. 20 of the Federal Law of November 21, 2011 N 323-FZ (as amended on December 29, 2015) "On the Basics of Protecting the Health of Citizens in the Russian Federation", a necessary precondition for medical intervention is the giving of informed voluntary consent of a citizen or his legal representative to medical intervention on the basis of complete information provided by a medical worker in an accessible form about the goals, methods of providing medical care, the risk associated with them, possible options for medical intervention, about its consequences, as well as about expected outcomes of medical care.
According to paragraph 9 of Art. 20 of the Federal Law of November 21, 2011 N 323-FZ (as amended on December 29, 2015) "On the Basics of Protecting the Health of Citizens in the Russian Federation", medical intervention without the consent of a citizen, one of the parents or other legal representative is allowed:
1) if medical intervention is necessary for emergency reasons to eliminate the threat to a person’s life and if his condition does not allow him to express his will or there are no legal representatives (in relation to the persons specified in part 2 of this article);
3) in relation to persons suffering from severe mental disorders;
4) in respect of persons who have committed socially dangerous acts (crimes);
5) when conducting a forensic medical examination and (or) a forensic psychiatric examination.
In accordance with Art. 4 (1) of the Law of the Russian Federation of 02.07.1992 N 3185-1 (as amended of 11.28.2015) "On psychiatric care and guarantees of the rights of citizens in its provision" psychiatric care is provided upon voluntary treatment of a person and in the presence of his informed voluntary consent to medical intervention, except for the cases provided for by this Law.
In accordance with the order of the Ministry of Health of the USSR dated September 12, 1988 No. 704 “On the timing of dispensary observation of patients with alcoholism, drug addiction and substance abuse”, heads of drug treatment institutions (divisions) are required to carry out preventive monitoring of persons who abuse alcohol, noticed in the non-medical consumption of narcotic and other intoxicants. (item II)
Order of the Ministry of Health of the USSR dated September 12, 1988 No. 704 approved the Instruction on the procedure for dispensary registration of patients with chronic alcoholism, drug addiction, substance abuse and preventive monitoring of persons who abuse alcohol, noticed in non-medical consumption of narcotic and other intoxicating drugs without clinical manifestations of the disease, according to the General Provisions of which: dispensary registration and dynamic monitoring in outpatient narcological institutions ( subdivisions) are subject to all persons who have been diagnosed with: chronic alcoholism, drug addiction, substance abuse.
Persons who apply for narcological help on their own or at the direction of various public organizations, medical institutions, enterprises and organizations, internal affairs bodies, in which the abuse of alcohol, narcotic and other intoxicants is not accompanied by clinical manifestations of the disease (hereinafter referred to as the risk group), preventive observation is organized.
The diagnosis of a drug addiction disease can be established both on an outpatient and inpatient basis only by a psychiatrist-narcologist in accordance with the principles of deontology and strict observance of the current documents of the USSR Ministry of Health
When establishing a diagnosis of chronic alcoholism, drug addiction and substance abuse, patients are necessarily warned about the social and legal aspects associated with the presence of narcological diseases (restrictions on certain types of work, the possibility of compulsory treatment, etc.). Similar work is carried out with persons who are seen in the non-medical use of drugs.
For all narcological patients and persons at risk, a medical card of an outpatient narcological patient, a control card for dispensary observation of a mentally ill person, is filled out in the prescribed manner. Dispensary registration of patients with chronic alcoholism, drug addiction, substance abuse and preventive monitoring of persons at risk are carried out at the place of residence, in territorial narcological institutions (divisions).
In some cases, the diagnosis of narcological disease can be established during examination and treatment in psychiatric (psycho-neurological) institutions, however, the final decision on the need for dispensary registration (preventive observation) in these cases is made by the local doctor psychiatrist-narcologist at the place of residence of the patient (person at risk) upon receipt of the relevant materials and, if necessary, after an additional examination.
Section 2 of the Instruction "Terms of dispensary registration of patients and preventive observation of persons at risk in narcological institutions (divisions)" provides that during the dispensary registration, patients must receive qualified medical care that ensures a state of long-term remission.
The purpose of preventive supervision is to prevent the development of chronic alcoholism, drug addiction and substance abuse in persons at risk.
During preventive supervision, persons at risk receive the necessary medical care to help stop drunkenness and the use of narcotic and other intoxicating drugs.
The period of preventive observation of persons who abuse alcohol, noticed in the non-medical consumption of narcotic and other intoxicating drugs, is 1 year.
Persons at risk in the process of preventive monitoring receive medical care mainly on an outpatient basis.
Deregistration is carried out, including on the basis of: persistent remission (recovery), on the basis of the conclusion of the medical advisory commission of the institution in which the patient was observed.
Thus, the duty of mandatory observation in the narcological office for a certain period of time is assigned to drug addicts by virtue of the above requirements of the Instruction.
The procedure for registering in narcological institutions (divisions) of persons with non-medical consumption of narcotic and other intoxicating drugs is set out in the Order of the Ministry of Health of the USSR and the Ministry of Internal Affairs of the USSR dated 05/20/1988 N 402/109, which, based on the order of the Ministry of Internal Affairs of Russia dated 06/30/2003 No. 492, is not applied in the system of bodies of the Ministry of Internal Affairs of Russia. According to paragraph 1.3 of the Instructions on the procedure for identifying and registering persons who allow non-medical consumption of narcotic or other drugs that entail intoxication, registration and referral for compulsory treatment of drug addicts, the grounds for registering such persons is the conclusion of a psychiatrist-narcologist of a medical institution confirming the diagnosis of "drug addiction". "Substance abuse" or the establishment of the fact of consumption of the funds specified in paragraph 1.1 of this Instruction without a doctor's prescription. According to Art. 34 "Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens" (approved by the Supreme Court of the Russian Federation on 07.22.1993 N 5487-1) (as amended on 09.28.2010), the provision of medical care (medical examination, hospitalization, observation and isolation) without the consent of citizens or their legal representatives is allowed in relation to persons suffering from diseases that pose a danger to others, persons suffering from severe mental disorders, or persons who have committed socially dangerous acts, on the grounds and in the manner established by the legislation of the Russian Federation.
Dear Natalia! Do not worry, no one can force you to undergo a medical examination without consent, and even more so to register for refusing to undergo it. This is regulated by the Federal Law of November 21, 2011 N 323-FZ "On the basics of protecting the health of citizens in the Russian Federation." Best wishes.
In your case, preventive registration is possible, which is provided for [Appendix N 1
to the order of the Ministry of Health of the Russian Federation
provision of medical care in the profile "psychiatry-narcology" provides for:
carrying out preventive measures with persons who have committed administrative offenses in the field of the legislation of the Russian Federation on narcotic drugs, psychotropic substances and their precursors.
Already answered your question. It is impossible to force a person to undergo a narcological examination and this is not provided for by law. To refuse, it is enough to declare this when familiarizing yourself with the decision on the appointment of an examination (Article 195 of the Code of Criminal Procedure of the Russian Federation).
You can refuse to undergo a medical examination (examination), but this always entails adverse consequences for the suspect/accused and will be regarded by the court not in your favor. You can be registered forcibly, but on the grounds established by the law below, but this is not your case.
Federal Law No. 323-FZ of November 21, 2011 (as amended on July 3, 2016) "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation" (as amended and supplemented, entered into force on January 1, 2017)Article 20. Informed voluntary consent to medical intervention and to refusal of medical intervention
1. A necessary preliminary condition for medical intervention is the giving of informed voluntary consent of a citizen or his legal representative to medical intervention on the basis of complete information provided by a medical worker in an accessible form about the goals, methods of providing medical care, the risk associated with them, possible options for medical intervention, about its consequences, as well as about the expected results of providing medical care.
9. Medical intervention without the consent of a citizen, one of the parents or other legal representative is allowed:
1) if medical intervention is necessary for emergency reasons to eliminate the threat to a person’s life and if his condition does not allow him to express his will or there are no legal representatives (in relation to the persons specified in part 2 of this article);
2) in relation to persons suffering from diseases that pose a danger to others;
3) in relation to persons suffering from severe mental disorders;
4) in respect of persons who have committed socially dangerous acts (crimes);
5) when conducting a forensic medical examination and (or) a forensic psychiatric examination.
Good luck to you!
(text edited on 04/12/2017 at 19:09)
Hello Natalia, -Any person can be registered with a drug treatment after being examined by a psychiatrist-narcologist.
You can only be registered with a narcologist after being examined by a narcologist who has a valid specialist certificate (it is issued every five years). No other doctor can register with a narcologist, and even more so the traffic police or a paramedic.Medical supervision in the drug dispensary is carried out strictly voluntarily, which must be your signature in the outpatient card of the drug treatment patient.
If a person is dangerous to others, is in a state of psychosis (for example, delirium tremens), then he can be registered without consent. For this, a special medical commission is organized. (Article 29 “Grounds for involuntary hospitalization in a psychiatric hospital” of Federal Law No. 3185-1 of July 2, 1992 “Law on Psychiatric Care and Guarantees of Citizens’ Rights in its Provision”)
With preventive accounting (observation) during the year, everything is a little different. It is possible without the consent of the patient, for example, in the following cases:
on the basis of a decision of the CDN (Commission for Juvenile Affairs);
after a “positive” examination for alcohol or drug intoxication;
according to the police about "unfavorable" persons;
article 6.9 of the Code of Administrative Offenses of the Russian Federation.
As soon as an outpatient card for preventive observation is started, a person must be notified, for example, by a letter that he is registered with a narcologist, and then he still must put his signature that he agrees to be observed.
Under the new effective order, you can refuse accounting.
When they register in a drug treatment clinic
If you are being treated in a narcological dispensary (even “just dripping”) officially, free of charge, you are given a sick leave, then you are 100% registered with a narcologist.
Even if you were registered with a narcologist 15 years ago, and now you have been removed from it “With no information”, as soon as you are again in the field of view of a narcologist (for example, at a medical examination), the registration will be resumed. Do you want to disappear from drug lists forever? Prove "clean"! Remove from the register "With improvement"!
Now there is an official opportunity to refuse registration in the drug dispensary (paragraph 13 of Appendix No. 2 to the Order of the Ministry of Health of the Russian Federation of December 30, 2015 N 1034 n). But you should know that if you refuse, no one will call you to a narcologist and force you to undergo examinations, but all the social and legal restrictions of a narcological patient remain with you. Need a driver's license? You will have to first prove your sobriety within three years. This is the current law.
Preventive registration at the narcologist
Persons on this account are "marked" for one year.
If an alcoholic is in a state of alcoholic intoxication, coding and compulsory treatment for alcoholism of the acute stage is possible. The Ministry of Health provides for this type of intensive care, moreover, it is carried out within the framework of the current legislation. The first step is to find the answer to the question of where to take an alcoholic without his consent in order to finally rid him of the alcohol withdrawal syndrome. There are several options - there is a paid and free solution to a problem that has arisen in the family.
It is not so easy to take an alcoholic to the hospital, since even these segments of the population are reliably protected by the current legislation. At the age of majority, an addicted person can be treated for alcoholism only on a voluntary basis - on an outpatient basis or in a hospital setting. No one has the right to force him, only to persuade, to open his eyes to the disappointing reality and the fatal future. But forced treatment is also not excluded.
If an alcoholic is hospitalized in a timely manner, the tasks of specialists are as follows: to remove toxic substances from the body, to reduce cravings for alcoholic beverages by medical and psychological methods, to get rid of the consequences of alcoholism. Not every addicted person is able to independently leave drinking in the past, so relatives and friends will have to act radically - to organize compulsory treatment.
Detoxification of the body is not excluded at home, but only at the request of an alcoholic. However, not all patients of a narcologist are ready for such awareness, so the disease soon becomes chronic. To avoid this, it is important to reliably understand how to send an alcoholic to compulsory treatment. The grounds for this kind of hospitalization are also provided for by the current legislation, they are exceptional life situations. Forcibly hand over an addicted person to a drug treatment clinic if:
There are many effective drugs for alcoholism that can be used without the knowledge of the patient.
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Attention! The information provided in the article is for informational purposes only. The materials of the article do not call for self-treatment. Only a qualified doctor can make a diagnosis and give recommendations for treatment, based on the individual characteristics of a particular patient. Did you find an error in the text? Select it, press Ctrl + Enter and we'll fix it!Discuss Methods of compulsory treatment for alcoholism |
Drug registration without the consent of a citizen is illegal. No one has the right to force a patient to register.
In this area, a completely illegal situation has developed and remains. On the one hand, from the current norms of federal laws follows the inadmissibility of registration without the knowledge and consent of the citizen. On the other hand, at the level of by-laws of the Ministry of Health, the dubious regulation of involuntary registration adopted back in the USSR continues to be applied. Such inconsistencies in real life create fertile ground for the manipulation of norms by unscrupulous representatives of law enforcement and medical services, which leads to significant violations of the rights of citizens.
The main act on which the entire structure of narcological registration rests is the joint order of the Ministry of Internal Affairs and the Ministry of Health of the USSR dated May 20, 1988 No. 402/109 “On approval of the Instruction on the procedure for identifying and registering persons who allow non-medical consumption of narcotic or other drugs that entail intoxication, registration and referral for compulsory treatment of drug addicts”.
There are, however, serious doubts whether this document is valid, since one of the parties that adopted this interdepartmental act officially abandoned it: it was declared invalid on the territory of the Russian Federation by order of the Ministry of Internal Affairs of Russia dated June 30, 2003 No. 492 "On the non-application of regulatory legal acts of the MOOP of the USSR, the USSR Ministry of Internal Affairs." But the leadership of the Russian narcology, having no other regulatory framework, apparently prefers to believe that the joint order has lost its force for the internal affairs bodies, but not for the healthcare system, because. ostensibly remains the current normative legal act of the Ministry of Health.
We cannot agree with this, because. The “semi-repealed” order of 1988 mainly regulates issues of dual subordination, primarily the interaction between the internal affairs bodies and the health authorities, which makes the unilateral action of this act impossible.
However, the police (neglecting their own departmental order of 2003) behave as if the repealed act is in effect, and the drug control authorities (which, of course, are not mentioned in the 1988 order), in their activities refer to the “dead” order of the Soviet times. And even on the portal "ConsultantPlus" in the certificate to order No. 402/109 nothing is said about its cancellation by one of the parties.
The Instruction approved by this order obliges to register all those who have been diagnosed with dependence on psychoactive substances, as well as those who have come to the attention of the authorities as using (or even having used) “narcotic or other drugs that cause intoxication.” The instruction provides:
Referral for medical examination of "citizens who are in a state of non-alcoholic intoxication" on the basis of:
1) their detection by the police;
2) messages from any medical institutions, including the ambulance service;
3) materials of proceedings on administrative offenses;
4) information from medical sobering-up stations;
5) information from investigating authorities;
6) information from employers regarding employees;
7) information of neighbors in relation to neighbors;
8) media information.
“If such persons are delivered directly to a medical institution, the latter’s employees will examine them without a referral,” the results of which are immediately notified to the police authority at the place of detection;
. "Immediate" registration of accounting documents by the internal affairs body (upon receipt of information about the identified consumer). For persons with a diagnosis of "drug addiction" in the police, a "watch card" is started, for others - a registration card of "list registration";
. filling in by the narcological institution of the “control card of dispensary observation” (after the diagnosis or the fact of consumption is established as a result of the examination). The body of internal affairs at the place of residence of the person is notified about the registered person within 3 days.
Doctors of drug dispensaries, as a rule, claim that they have not transmitted information about those registered for a long time. Someone, perhaps, does not transmit.
Those who voluntarily applied for treatment to a dispensary or narcological hospital are registered, according to the Instructions, only in a drug dispensary. If they do not violate the visiting regime prescribed by the doctor, information about them is not transferred to the police department.
Separate records should be kept of those deregistered.
According to the Instruction, employees of the medical drug facility and police officers quarterly carry out a last-name reconciliation of the registered contingent in the service area.
It is interesting that you can register, if desired, almost any person. According to the Instruction, the absence of narcotic (intoxicating) substances in the body at the time of the examination, in the presence of other sufficiently substantiated information, cannot serve as a basis for non-registration. A person who has become known to have used (uses) legal psychoactive substances (drugs or, for example, plants such as Salvia Divinorum) for the purpose of "stupefying" can also become an "accountable" person.
The organization of accounting is specified by the order of the Ministry of Health of the USSR of September 12, 1988 No. 704 "On the timing of dispensary observation of patients with alcoholism, drug addiction and substance abuse" and the order of the Ministry of Health of Russia of December 31, 2002 No. 420 "On approval of forms of primary medical documentation for psychiatric and narcological institutions". The order dated September 12, 1988, referring to the founding order dated May 20 of the same year, details the period of registration and the required frequency of visits by the patient to the doctor.
The listed departmental documents, which serve as the only regulatory basis for drug registration, are in conflict with Articles 33 and 34 of the Fundamentals of the Legislation of the Russian Federation on the Protection of Citizens' Health (hereinafter referred to as the Fundamentals) of July 22, 1993 (last edition of December 30, 2008), which state that medical observation (a variation of which is registration) can only be carried out voluntarily, with the consent of the patient:
“A citizen or his legal representative has the right to refuse medical intervention or demand its termination, except for the cases provided for in Article 34 of these Fundamentals” (Article 33).
According to Article 34 of the Fundamentals, involuntary provision of medical care is allowed in relation to:
Persons suffering from diseases that pose a danger to others,
. persons suffering from severe mental disorders,
. persons who have committed socially dangerous acts.
The grounds for and procedure for involuntary interference for each of these cases must be established by the legislation of the Russian Federation.
Narcological pathology does not meet any of these conditions.
Firstly, none of the forms of drug addiction is included in the exhaustive list of diseases that pose a danger to others, approved by Decree of the Government of the Russian Federation of December 1, 2004 No. 715.
Secondly, non-medical drug use also cannot be classified as a socially dangerous act (in the legal sense, of course). These are crimes (Article 14 of the Criminal Code of the Russian Federation), and not administrative offenses. Responsibility for the consumption of prohibited substances is not provided for by the Criminal Code, but by Article 6.9 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses). It is also not a crime to acquire, store, manufacture drugs in an amount that is not large, i.e., within the meaning of the law - for personal use (Article 6.8 of the Code of Administrative Offenses). Offenses are recognized as "illegal, guilty actions" (Article 2.1 of the Code of Administrative Offenses), and not socially dangerous acts.
Thirdly, drug addiction in general cannot be classified as a severe mental disorder; is not subject to the relevant provisions of the Law of the Russian Federation "On Psychiatric Care and Guarantees of the Rights of Citizens in the Provision of It" dated July 22, 1993 (hereinafter referred to as the Law on Psychiatry; last edition - dated August 22, 2004) both in terms of involuntary examination and compulsory treatment, and in relation to the grounds for dispensary observation without the consent of a citizen (Articles 26 and 27). The Psychiatric Act recognizes a severe mental disorder as a chronic and persistent disorder with severe, persistent or often aggravated morbid manifestations.
Undoubtedly, in some cases, the criteria specified in the Law on Psychiatry may apply to patients with drug addiction. But to consider every drug user (for example, those caught using marijuana accidentally) as suffering from a severe mental disorder is absurd. If a specific drug addict is recognized as suffering from a severe disorder, then the procedure for such recognition must comply with the requirements of the Law on Psychiatry. The decision on the need to establish dispensary observation and its termination is made, in accordance with the Law on Psychiatry, by a commission of psychiatrists. The instruction of 1988 allows the psychiatrist-narcologist to single-handedly make a decision on registering a citizen.
According to the fair opinion of E.I. Tsymbal, “drug addiction, substance abuse and alcoholism should be recognized as mental disorders, since they:
They change the attitude of a person towards life, himself and society, as well as the attitude of society towards a person;
Included in Sections F10-F19 (Mental and Behavioral and Substance Use Disorders) of Class V (Mental and Behavioral Disorders) of the International Classification of Diseases, 10th Revision;
They are based on a violation of mental activity - the inability of the patient to arbitrarily regulate his behavior adequately to the objective requirements of the environment.
Thus, in relation to drug addicts as suffering from a mental disorder, instead of registration, dispensary observation should be established (including without the consent of the patient), but only in cases provided for by Article 27 of the Law on Psychiatry, according to which “dispensary observation can be established for a person suffering from a chronic and protracted mental disorder with severe persistent or often exacerbated painful manifestations.”
The acts of the Ministry of Health of the USSR (the above-mentioned orders of May 20 and September 12, 1988) are not consistent with these provisions of the law, since they do not contain the main criterion - the severity of the disease.
Accounting for drug addicts and dynamic monitoring of them, as well as preventive monitoring, are provided for by the current Regulations on the narcological dispensary, approved by order of the USSR Ministry of Health of August 14, 1985 No. 1078 (although this Regulation does not disclose the procedure and conditions for registration). But even this outdated normative act can be applied only to the extent that it does not contradict federal laws.
Finally, the need to record drug addicts is stipulated in Article 56 of the Federal Law “On Narcotic Drugs and Psychotropic Substances” dated January 8, 1998 (hereinafter referred to as the Federal Law on Drugs; last edition - November 25, 2008), which states that “the procedure for medical monitoring of drug addicts and registration of drug addicts is established by the federal executive authority in the field of health care in agreement with the federal executive authority for drug control. drugs and psychotropic substances, the General Prosecutor's Office of the Russian Federation and the federal executive body in the field of justice.
Such a by-law regulating the registration of drug addicts has not yet been adopted.
Accordingly, in this part of the Federal Law on drugs has not been working for more than 11 years, its article 56 is not applied. In the absence of special regulation, the general industry regulation is applied, i.e. - Law on Psychiatry. It is important to emphasize that the Federal Law on Drugs, in contrast to the Instructions of 1988, provides only for the registration of drug addicts, and not all persons who use or once allowed the use of illicit psychoactive substances. So "preventive accounting" contradicts, among other things, the Federal Law on drugs, which is by no means liberal in general.
Despite the legislative provisions that exclude the possibility of involuntary medical registration, in practice, citizens are registered on the grounds and in the manner of a morally and legally outdated order - without informed voluntary consent (Article 32 of the Fundamentals), and sometimes even without informing the registered person about his new status. It happens that a citizen finds out that he is “registered” by chance.
Even if it is admitted that narcological registration is currently acceptable in any form (at least on the basis of the Regulations on the drug dispensary), then only if the current federal legislation is observed, taking into account the hierarchy of legal norms. Under these conditions, a drug user can be registered in the following two ways:
1. Seek treatment on your own and consent to registration.
2. Being delivered for a medical examination and having received a positive result, agree to be registered.
But "voluntary drug registration" is nonsense, since it does not serve the purposes of control for which it was created. Therefore, voluntary registration practically does not exist, except for such registration of adolescents at the initiative of parents or other legal representatives. In recent years, the legal grounds for parental coercion have been somewhat expanded: federal laws of December 1, 2004 No. 146-FZ8 and No. 151-FZ9 of the age of voluntary consent of a person to medical intervention for adolescents with drug addiction have been raised from 15 to 16 years. It should be noted that this change applies only to minors with drug addiction, i.e. those who have been diagnosed accordingly, and does not apply to cases of examination (testing), as well as drug registration, which, as a general rule, requires the voluntary informed consent of a person after reaching the age of 15.
There are isolated cases of self-registration in order to obtain a deferment from conscription for military service. But these cases are exceptional and not typical.
There are a number of adult patients who are not registered and who voluntarily apply to state narcological hospitals. These are low-income drug addicts who do not have the means for anonymous treatment. Such patients are also registered in the drug dispensary, but information about them, subject to the regimen prescribed by the doctor, according to the Instructions, should not be transferred to the police. To what extent this is observed is difficult to say. Drug addicts themselves usually do not believe that their application to narcology will remain unknown to the authorities and perceive registration as a forced payment for free treatment.
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