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Sobriety is the norm of life.
24/05/2018
Deputy Prime Minister of the Russian Federation Vitaliy Mutko expressed his support for the idea of opening sobering-up centers for the time of the FIFA 2018 World Cup.
The Ministry of Health will not participate in the launch of sobering-up system on a federal scale for the time of the World Football Champion in Russia. Such special institutions are not medical, i.e. that they are beyond competence of the department. Detoxification in Russia was abolished in 2011 during the reform of the Ministry of Internal Affairs. At the same time, legislation does not prohibit “to create any specialized institutions in the constituent entities of the Russian Federation for placement of any persons who are in public places in a state of intoxication up to their natural sobering”. Provided that the latter do not need any medical assistance and have not committed any offenses.
In the ex-resolution of the Government of the Russian Federation No.723 dated 17/09/92 (that became invalid in January 2012), the Ministry of Health of Russia was charged with “an obligation to manage operation of the medical sobering-up centers, while authorities of the Ministry of Internal Affairs of Russia were bound to deliver the citizens to medical sobering stations and keep public order in these facilities”. Today, the following rules that allow police officers to deliver citizens who are intoxicated in medical institutions are valid:
- clause 3 part 1 article 12 of the Federal Law of February 7, 2011 No.3-FZ “About the Police” - the police are obliged: - “to provide first aid to the persons who suffered from any crimes, administrative violations and accidents, who are in a helpless state or in a state that is dangerous to their life and health, if specialized assistance may not be obtained in a timely manner or is not available”.
- clause 14 part 1 article 13 of the Federal dated February 7, 2011 No.3-FZ “About the Police”, police officers have the right: - to deliver citizens who are in public places in the state of alcohol, narcotic or other toxic intoxication and have lost the ability to move or orient in the environment, to the medical organizations”;
However, today there are some significant contradictions.
1) Persons in a state of moderate and not heavy alcohol intoxication do not require any special medical care for sobering, they need only temporary isolation, which is not the prerogative of the public health institutions and is beyond the competence of the Ministry of Health.
2) If the person is in a serious state of intoxication, he/she is sent to a specialized medical institution, rather than a sobering-up station.
3) If such medical sobering-up centers are turned into health care institutions, involuntary delivery and retention of citizens will be contrary to the Fundamentals of legislation of the Russian Federation on protection of public health and the Federal Law “On Psychiatric Care and Guarantees of the Rights of Citizens”, since the average and severe degree of simple, uncomplicated alcohol intoxication is not regulated by the articles entitling health care institutions to provide medical assistance without the consent of citizens.
As a result, we face the fact that even if some special departments are arranged within framework of the health care system, one needs consent of the person to provide him/her with medical care. If such stations are organized within framework of the Ministry of Internal Affairs, who will determine the stage of intoxication and send a citizen to hospitalization, if required? And if this measure is applied compulsorily, this is already a sanction and it shall be stipulated in the Code of Administrative Offenses as a form of administrative punishment.
Editorials FansHotline24 sees the following scenario:
- staff of the Ministry of Internal Affairs will deliver citizens to a medical institution to define the stage of his/her intoxication.
If there is no need for urgent hospitalization and the condition is not life-threatening, the citizens will be delivered directly to the sobering-up center at the Ministry of Internal Affairs. As a measure of temporary administrative detention to be further considered in the court, any citizen, who appears in a state of intoxication in any public places.
The term of administrative detention and the way it is applied will have to be extended for the citizens who are in a state of intoxication without any threat for their life. Today, the term of administrative detention is calculated exactly from the moment of sobering up. But how to determine this very moment of sobering-up? It is absolutely not clear. It is also not clear who will pay for the “sobering” of the citizens, who have had too much? Meanwhile, maintenance of one patient in a sobering-up center costs at least 7 thousand rubles.
The Ministry of Health will not participate in the launch of sobering-up system on a federal scale for the time of the World Football Champion in Russia. Such special institutions are not medical, i.e. that they are beyond competence of the department. Detoxification in Russia was abolished in 2011 during the reform of the Ministry of Internal Affairs. At the same time, legislation does not prohibit “to create any specialized institutions in the constituent entities of the Russian Federation for placement of any persons who are in public places in a state of intoxication up to their natural sobering”. Provided that the latter do not need any medical assistance and have not committed any offenses.
In the ex-resolution of the Government of the Russian Federation No.723 dated 17/09/92 (that became invalid in January 2012), the Ministry of Health of Russia was charged with “an obligation to manage operation of the medical sobering-up centers, while authorities of the Ministry of Internal Affairs of Russia were bound to deliver the citizens to medical sobering stations and keep public order in these facilities”. Today, the following rules that allow police officers to deliver citizens who are intoxicated in medical institutions are valid:
- clause 3 part 1 article 12 of the Federal Law of February 7, 2011 No.3-FZ “About the Police” - the police are obliged: - “to provide first aid to the persons who suffered from any crimes, administrative violations and accidents, who are in a helpless state or in a state that is dangerous to their life and health, if specialized assistance may not be obtained in a timely manner or is not available”.
- clause 14 part 1 article 13 of the Federal dated February 7, 2011 No.3-FZ “About the Police”, police officers have the right: - to deliver citizens who are in public places in the state of alcohol, narcotic or other toxic intoxication and have lost the ability to move or orient in the environment, to the medical organizations”;
However, today there are some significant contradictions.
1) Persons in a state of moderate and not heavy alcohol intoxication do not require any special medical care for sobering, they need only temporary isolation, which is not the prerogative of the public health institutions and is beyond the competence of the Ministry of Health.
2) If the person is in a serious state of intoxication, he/she is sent to a specialized medical institution, rather than a sobering-up station.
3) If such medical sobering-up centers are turned into health care institutions, involuntary delivery and retention of citizens will be contrary to the Fundamentals of legislation of the Russian Federation on protection of public health and the Federal Law “On Psychiatric Care and Guarantees of the Rights of Citizens”, since the average and severe degree of simple, uncomplicated alcohol intoxication is not regulated by the articles entitling health care institutions to provide medical assistance without the consent of citizens.
As a result, we face the fact that even if some special departments are arranged within framework of the health care system, one needs consent of the person to provide him/her with medical care. If such stations are organized within framework of the Ministry of Internal Affairs, who will determine the stage of intoxication and send a citizen to hospitalization, if required? And if this measure is applied compulsorily, this is already a sanction and it shall be stipulated in the Code of Administrative Offenses as a form of administrative punishment.
Editorials FansHotline24 sees the following scenario:
- staff of the Ministry of Internal Affairs will deliver citizens to a medical institution to define the stage of his/her intoxication.
If there is no need for urgent hospitalization and the condition is not life-threatening, the citizens will be delivered directly to the sobering-up center at the Ministry of Internal Affairs. As a measure of temporary administrative detention to be further considered in the court, any citizen, who appears in a state of intoxication in any public places.
The term of administrative detention and the way it is applied will have to be extended for the citizens who are in a state of intoxication without any threat for their life. Today, the term of administrative detention is calculated exactly from the moment of sobering up. But how to determine this very moment of sobering-up? It is absolutely not clear. It is also not clear who will pay for the “sobering” of the citizens, who have had too much? Meanwhile, maintenance of one patient in a sobering-up center costs at least 7 thousand rubles.