Registration of persons in a state of alcoholic intoxication. A patient in a state of alcoholic or drug intoxication. Minister General of the Army R. Nurgaliev

Registration N 23298

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

1. To approve 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, drug 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, linear departments of the Ministry of Internal Affairs of the Russian Federation on railway, water and air transport, to 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 the Interior of the Russian Federation, who are responsible for the respective areas of activity.

Minister General of the Army R. Nurgaliev

1 Collected 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, drug or other toxic intoxication and who have lost the ability to independently move or navigate 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, train 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 the environment 1, in medical organizations of the state and municipal health systems 2.

2. In their activities, police officers delivering persons in a state of intoxication to medical organizations are guided by the Constitution of the Russian Federation, generally recognized principles and norms international law, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory 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 the protection of public order and ensuring public safety and protection of 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. Identifying them at posts and patrol routes.

4.2. Calling a mobile ambulance team to the place of their detection.

4.3. Prevention of unlawful acts against the abovementioned persons, as well as providing them with first aid in order to prevent danger threatening 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 outbound ambulance team.

5. When detecting persons in a state of intoxication, including minors, if necessary, police officers provide them with first aid, organize an immediate call to the place of an emergency ambulance brigade, which they report to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia and act in accordance with with the instructions of the person 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 stationary conditions is carried out by mobile ambulance teams. In the absence of the possibility of the arrival of the mobile 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 stationary conditions to persons in a state of intoxication, police officers receive the following information from a medical worker: the name of the station (substation), emergency department, surname, name, patronymic of the medical worker of the mobile ambulance brigade, number of an 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 stationary conditions, 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 make sure that they do not have weapons, as well as other items that can be used as weapons.

9. Upon detection of weapons and other items that can be used as weapons or indicating their possible involvement in the commission of a crime in persons in a state of intoxication, 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 the event that police officers deliver 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 stationary conditions, a person in a state of intoxication delivered to a medical organization by a police officer draws up a document 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 stationary conditions, the police officer who delivered the person in a state of intoxication receives from the medical worker of the medical organization a document drawn up in any form by the medical worker of the medical organization indicating: the name of the medical organization, surname, the name, patronymic of a person in a state of intoxication, the date and time of his delivery to a medical organization, are certified by the personal signature of a 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 health care.

Agreed

Minister of Health and Social Development of the Russian Federation

T. Golikova

About drunken employees of the Contractor or how to ensure the implementation of the slogan "Drunkenness-fight!"

The classic situation between two companies in the performance of a contract. The direct fulfillment of obligations is carried out by the employees of the companies.
But what if the employees who show up are in a state of alcoholic intoxication?
Do not let them in? Witness a fact? What else?

Some answers are given to us by the following court case and the court's decision.

It will be useful:

a) any legal entity;

b) especially for companies operating under a personnel supply agreement (outsourcing, etc.).

Name of the court: Arbitration court Krasnoyarsk Territory

Case number: А33-18004 / 2012

The plot of the case.

A contract was concluded between the customer and the contractor (performance of rig erection works). Under the terms of the contract, the contractor undertakes to perform, on the instructions of the other party -
the customer certain work on dismantling, transportation, installation of drilling rigs, moving drilling rigs, performing work-order work on their own and
material and technical means and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it on the terms of the contract (clause 1.1. of the contract).

In the event that the contractor's personnel (his employees or other persons hired by him) appear at the facilities for the provision of services, en route (collection) to the facility or on the customer's territory in a state of alcoholic, narcotic or other toxic intoxication, the contractor shall pay the customer a fine of 100,000 rubles ... for each case.

Documents confirming the fact of the appearance of the contractor's personnel (his employees or other persons) in a state of alcoholic, narcotic or other toxic intoxication is an act drawn up by the customer's security service (and / or the customer's counterparty under a contract for the main type of work) and the corresponding certificate of medical examination.

The Contractor agrees and guarantees that none of his employees (or subcontractors) who are under the influence of alcohol, drugs or other toxic intoxication and who are unable to perform work will not be allowed to perform any work stipulated by the contract.

The contractor hired a subcontractor. In accordance with the contract concluded with him, the subcontractor undertakes to provide services with vehicles and road-building mechanisms when performing rig work at the well.

According to the report, employees of the subcontractor were detained at the checkpoint when checking vehicles entering the territory of the Customer. The detainees were found to have consumed alcohol, and the reports of medical examination for the state of intoxication were drawn up.

The court dismissed the claim to the plaintiff.

Conclusions of the court.

1. The plaintiff did not prove the circumstances included in the subject of proof (the subject of evidence in the case includes the establishment of the following circumstances: the unlawfulness of the actions (inaction) of the defendant; the fact and amount of the damage incurred; the causal relationship between the actions of the defendant and the losses incurred).

2. There is no evidence that all detained individuals are employees of the subcontractor.

3. The contract between the contractor and the subcontractor does not contain conditions on the respondent's obligation to monitor employees while they are at the work site, to compensate for losses for each case of their employees being intoxicated while performing work at the plaintiff’s site.

Our conclusions.

1. The court is right when it ascertained the absence of the necessary regulation of the arisen situation by the agreement.

2. It is worth determining how it is established that a specific individual is an employee of a party to the contract; what exactly and how should be undertaken to control, in what way it is expressed.

3. It is also worth deciding in the contract that the alcoholic state is illegal, because by itself given state by virtue of instructions in civil law does not affect the proper performance of obligations. And in the situation described, I would even say that the customer obstructed the provision of services under the contract. Thus, he admitted the corresponding delay of the creditor.

4. The contractor turned out to be extreme in the situation, although, in our opinion, he was in a hurry.

Vitaly Vetrov

p.s. 10 most interesting materials in recent times:

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Contract N ____
on the organization of the provision of medical services for a medical examination for the state of intoxication

"_(Name)_", we call __ hereinafter "the Contractor", represented by __________ acting __ based _ (data of the document confirming the fact of entering information about the legal entity in the Unified State Register of Legal Entities, indicating the body that carried out the state registration; number of the license to carry out medical activities, the date of its registration, indicating the list of works (services) that make up the medical activities of the medical organization in accordance with the license , name, address of location and telephone number of the issuing licensing authority) _, on the one hand, and " _(Name)_", we call __ hereinafter "Customer", represented by __________ acting __ based _ (data of the document confirming the fact of entering information about legal entity in the Unified State Register of Legal Entities, indicating the authority that carried out the state registration) _ on the other hand, together also referred to as the "Parties", have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor, on the basis of the Customer's request, undertakes to provide the Patient with medical services for a medical examination for the state of intoxication (alcoholic, narcotic or other toxicological), and the Customer pays the Contractor the cost of the services provided in the amount, procedure and terms established by this Agreement.

1.2. A patient under this Agreement is a person who is sent by the Customer for a medical examination for a state of alcoholic intoxication.

1.3. The Contractor provides services at the place of its location at the address: __________ .

1.4. The Customer and the Patient are aware that medical services under this Agreement are provided in accordance with the requirements of the legislation of the Russian Federation, including those imposed on the quality of medical services.

1.5. Medical services for medical examination for the state of alcoholic intoxication (alcoholic, narcotic or other toxicological) are provided in accordance with the procedure provided for by the order of the Ministry of Health dated December 18, 2015 N 933н "On the procedure for conducting medical examination for the state of alcoholic intoxication (alcoholic, narcotic or other toxicological ) ".

1.6. Medical examination of the Patient is carried out by qualified personnel of a medical organization on the basis of an appropriate license in the direction __________ (Customer) and with the consent of the Patient.

1.7. To undergo a medical examination for alcohol intoxication, the patient must provide the medical organization with an identity document, and in his absence, the patient is examined on the basis of documents confirming the patient's referral for medical examination (referral protocol, etc.).

1.8. Within the framework of the contract, the Patient is provided with medical services in the following scope:

- examination by a specialist doctor (paramedic);

- examination of exhaled air for the presence of alcohol;

- determination of the presence of psychoactive substances in the urine;

- study of the level of psychoactive substances in the urine;

- study of the level of psychoactive substances in the blood.

1.9. Examination of a specialist doctor is carried out by a psychiatrist-narcologist, or a specialist of another specialty who has undergone special training. If it is impossible to conduct an examination by a specialist doctor, the examination is carried out by a paramedic who has undergone special training.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. Provide the Customer and the Patient with free, accessible and reliable information about the paid medical services provided to the patient, containing the following information about:

a) a medical license (its provision to the patient), providing for the performance of work (provision of services) corresponding to the fulfillment of obligations in accordance with the subject of this Agreement;

b) the procedure for medical examination for the state of alcoholic intoxication (alcoholic, narcotic or other toxicological), approved

The information and reference materials on medical sobering-up centers offered to your attention were kindly provided by the Deputy Head of the Department for the Organization of Narcological Assistance to the Population and Medical Examination of the Department for the Organization of Emergency Medical Aid and Expert Activity of the Ministry of Health of Russia G.A. Gubanov

Reference materials on the issue: "On the problems of developing and implementing a unified state strategy for rendering assistance to persons in public places in a state of intoxication, who have lost the ability to independently move or navigate in the environment and do not need medical assistance"

The first sobering-up station in the USSR was organized in 1931 in Leningrad in the system of the People's Commissariat of Health of the USSR. The tasks of the sobering-up center included short-term isolation of a person to ensure his personal safety, suppression of violations of public order, and the provision of medical assistance for sobering up.

With the accumulation of information about numerous cases of hooligan actions of persons held in sobering-up centers, the question has ripened that the further existence of sobering-up centers as medical institutions in the health care system is impossible.

In 1939, the sobering-up stations were transferred to the police, in whose jurisdiction they were until 2011.

These institutions performed the functions of temporary isolation of persons in a mild and moderate degree of alcoholic intoxication. At the same time, their detention and placement in a sobering-up center was carried out involuntarily due to the fact that the presence of citizens in a public place in such a state constituted an administrative offense.

The staff of sobering-up centers consisted of middle (paramedics) and junior (orderlies) medical personnel. The paramedic identified contraindications for sobering up, if necessary, provided first-aid medical care for acute alcohol poisoning, which included gastric lavage and drinking plenty of fluids, and also monitored the health of the sobering-up. Sobering up was achieved naturally during a citizen's stay in a sobering-up center for at least 3 hours, but not more than 24 hours.

In the event that injuries or diseases threatening their lives were detected in the sobering-up persons, an ambulance was called (less than 1% of the number of persons placed in the sobering-up center).

As part of the reform of the Ministry of Internal Affairs of Russia, the police powers were excluded from the police powers' right to deliver to the duty units of the internal affairs bodies and keep in them until sobering up persons in public places in a state of intoxication. At the same time, the right to deliver citizens who are in public places in a state of intoxication and who have lost the ability to independently move or navigate in the environment has been preserved to medical organizations. In this regard, in October 2011, all medical sobering-up centers in the country were closed.

Order of the Ministry of Internal Affairs of Russia dated December 23, 2011 No. 1298 (agreed by the Ministry of Health and Social Development of Russia) approved the Instruction on the procedure for delivering persons who are in public places in a state of alcoholic, drug or other toxic intoxication and who have lost the ability to independently move or navigate in the environment to medical organizations ...

The Instruction stipulates that in the absence of medical indications for the provision of medical care in stationary conditions, 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.

The need to provide medical assistance to persons in a state of alcoholic intoxication is determined not by the degree of intoxication, but by the exacerbation of somatic pathology, the presence of injuries or signs of chemical poisoning. Persons in a state of alcoholic intoxication of mild and moderate severity do not need medical assistance. Their sobriety is achieved naturally within a few hours without medical intervention.

According to the information provided by the constituent entities of the Russian Federation, more than 900 thousand people in a state of intoxication are delivered to medical organizations annually. Of these, 30.1% are hospitalized. Refuses to receive medical care 8% of those delivered. 22.5% of those delivered receive assistance in the admission departments of medical organizations. 35.3% of persons taken to medical institutions do not need medical assistance.

At the same time, the admission of these persons to medical organizations often leads to disorganization of the work of admission departments, due to the aggressive and uncontrolled state of the delivered persons, violation of the treatment regimen.

The Ministry of Health of Russia and the Ministry of Internal Affairs of Russia, having worked out the issue of organizing the provision of assistance to persons in a state of alcoholic, drug or other toxic intoxication, who have lost the ability to move independently and do not need medical assistance, came up with a proposal to create in cities with a population of more than 100 thousand. a person of social institutions for the provision of assistance to persons in a state of intoxication, who have lost the ability to independently move or navigate in the environment and do not need medical assistance (letter dated 04/30/2013 No. 14-5 / 10 / 1-2089; 1/4052) ...

This proposal was considered at a meeting chaired by O.Yu. Golodets (minutes of June 17, 2014 No. OG-P12-148pr), during which it was noted that the legislation of the Russian Federation did not establish a ban on the creation in the constituent entities of the Russian Federation specialized agencies on placement in them until natural sobering up of citizens who are in public places in a state of alcoholic intoxication and who have lost the ability to move independently, while not requiring medical assistance and have not committed offenses.

By virtue of parts 1, 2 of Article 21 of the Federal Law of October 6, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies state power subjects of the Russian Federation "the highest executive agency state power of a constituent entity of the Russian Federation participates in the implementation of a unified state policy in the field of social security, implements, within the limits of its powers, measures to implement, ensure and protect human and civil rights and freedoms, and protect public order.

Examples of successful functioning of such institutions are: - municipal institution"Social and rehabilitation center for persons in a state of alcoholic intoxication" of the city district, the city of Ufa, Republic of Bashkortostan; - State budgetary institution of social services of the Moscow region "Dmitrov Center for Social Adaptation"; - municipal government institution "Center for the provision of social and rehabilitation assistance to persons detained in public places in alcoholic intoxication" (Kyzyl, Republic of Tyva).

In addition, in accordance with the resolution of the Administration of the urban district of Saransk dated August 11, 2014 No. 2115, a municipal budgetary institution "Social and rehabilitation center" Comfort "for persons in a state of intoxication" for 54 beds is being created in the indicated urban district.

This issue was most fully resolved in the Republic of Tatarstan, where, in accordance with the order of the Cabinet of Ministers of the Republic of Tatarstan dated December 24, 2012 No. 2395-r, the heads of local self-government bodies were asked to create municipal autonomous institutions to provide assistance to persons in a severe degree of intoxication and who have lost the ability to independently move or navigate in the environment, and do not need medical assistance.

The overall coordination of issues related to the activities of these municipal autonomous institutions and ensuring the interaction of interested executive authorities are entrusted to the Government Commission of the Republic of Tatarstan for the prevention of offenses.

By decisions of local self-government bodies, during 2011-2014, municipal autonomous institutions were created in 9 municipalities of the Republic of Tatarstan with a total capacity of 110 beds, in which 6,132 citizens were provided assistance during 2014.

In 2015, it is planned to open another similar institution for 10 beds in the Republic of Tatarstan.

Taking into account the above, it seems appropriate to recommend using the positive experience of the Republic of Tatarstan in organizing assistance to persons who are in public places in a state of intoxication, who have lost the ability to independently move or navigate in the environment and do not need medical assistance, taking into account the specifics of each specific region of the Russian Federation.

Question: A medical sobering-up center, performing the obligatory functions of delivering and accommodating persons in a state of alcoholic intoxication, and providing medical assistance, if necessary, receives money from citizens for their maintenance. Will this activity be considered an entrepreneurial activity for the sale of services and income from it will be included in the tax base for corporate income tax? (Expert consultation, RF Ministry of Finance, 2009)

Question: A medical sobering-up center, performing the obligatory functions of delivering and accommodating persons in a state of alcoholic intoxication, and providing medical assistance, if necessary, receives money from citizens for their maintenance. Will this activity be considered an entrepreneurial activity for the sale of services and income from it will be included in the tax base for corporate income tax?
Answer: In accordance with Art. 247 of the Tax Code of the Russian Federation, the object of taxation for corporate income tax is the profit received by the taxpayer. Profit for tax purposes for Russian organizations is considered to be income received, reduced by the amount of expenses incurred, determined in accordance with Ch. 25 of the Tax Code of the Russian Federation.
Clause 1 of Art. 2 of the Civil Code of the Russian Federation stipulates that an entrepreneurial is an independent activity carried out at its own risk, aimed at systematic profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law.
According to Art. 39 of the Tax Code of the Russian Federation, the sale of services is a reimbursable (and in the cases provided for by the Tax Code of the Russian Federation, free of charge) the provision of services by one person to another person.
Article 779 of the Civil Code of the Russian Federation establishes that under a contract for the provision of services for a fee, the performer undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
For the provision of services, there must be an expression of the will of both parties, the payment must go to the service provider.
By Decree of the Government of the Russian Federation of 07.12.2000 N 926 "On units of the public security militia" medical sobering-up centers at the internal affairs bodies are referred to the structure of the public security militia (clause 7 of the section "The structure of the public security militia").
Moreover, on the basis of Art. 1 of the Law of the Russian Federation of 18.04.1991 N 1026-1 "On Militia" (hereinafter - Law N 1026-1), the militia is attributed to the system of state bodies of executive power, designed to protect the life, health, rights and freedoms of citizens, property and interests of society from criminal and other encroachments and entitled to use coercive measures.
In accordance with paragraph 11 of Art. 11 of Law No. 1026-1 of the police in order to fulfill the duties assigned to it (Articles 9, 10 of this Law), in particular, the right is granted to deliver to medical institutions or the duty units of the internal affairs bodies and to keep in them until sobering up persons who are in in public places in a state of intoxication and who have lost the ability to independently move or navigate in the environment, or who can harm others or themselves.
The tasks of the militia are, among other things, the protection of public order and the provision of public safety (Art. 2 of Law N 1026-1). By virtue of Art. 9 of the Law, the creation, reorganization and liquidation of public security police units financed from the budgets of the constituent entities of the Russian Federation and local budgets are carried out in the manner determined by the executive authorities of the constituent entities of the Russian Federation in agreement with the Ministry of Internal Affairs of Russia.
Based on Art. 35 of Law No. 1026-1, the financing of the police is carried out at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and other receipts in accordance with the legislation of the Russian Federation. Thus, the Law establishes four sources of funding for the police: 1) the federal budget; 2) the budgets of the constituent entities of the Russian Federation; 3) local budgets; 4) other receipts.
Consequently, in this case, medical sobering-up centers, by charging a fee for the services provided, receive funding from other revenues, which in itself is legitimate.
According to the Letter of the Ministry of Finance of Russia dated 04.26.2006 N 02-05-03 / 989, pending a decision on the transfer of responsibilities for managing the work of medical sobering-up centers to the Ministry of Health and Social Development of the Russian Federation, the amounts recovered from citizens for keeping in a medical sobering-up center are administered by the Ministry of Internal Affairs of Russia and are credited to the budget classification code "188 1 13 03020 02 0000 130. Other revenues of the budgets of the constituent entities of the Russian Federation from the provision of paid services and compensation of state costs".
A medical sobering-up center is a budgetary organization, however, due to insufficient budgetary funding, it is financed from funds received from citizens for keeping in a medical sobering-up center.
The main activities of a medical sobering-up center are the delivery of drunken persons to a medical sobering-up center, medical examination and assistance to those brought to a medical sobering-up center, placement of persons subject to sobering up in wards, monitoring them by police officers and medical personnel, keeping the delivered persons until they are completely sober and etc.
Consequently, the activities of a medical sobering-up center cannot be attributed to commercial activities for the provision of services, and the payment received from persons forcibly placed in a medical sobering-up center cannot be attributed to the proceeds that are subject to corporate income tax.
The arbitration courts support this position and come to the conclusion that the fulfillment by a medical sobering center of the obligatory functions assigned to it of delivering and placing in an institution of persons in a state of alcoholic intoxication, and providing medical assistance, if necessary, does not fall under the concept of selling services. The courts also point out that a medical sobering-up center provides overnight stay for citizens who are intoxicated, but "for the night" these citizens are delivered forcibly, in order to isolate them from society for the time necessary to sober them up, therefore, this indicates the compulsory nature of these services not related to entrepreneurial activity (see, for example, Resolution of the Federal Antimonopoly Service of the North Caucasus District of 19.04.2007 N F08-1904 / 2007-817A).
This position is also supported by the Supreme Arbitration Court of the Russian Federation. This follows from the Definition of 05.07.2007 N 7738/07.
Thus, we come to the conclusion that this activity of a medical sobering-up center is not considered an entrepreneurial activity in the sale of services and income from it is not included in the tax base for corporate income tax.
Yu.M. Lermontov
Ministry of Finance of Russia
22.04.2009