How is a compulsory medical examination carried out if no one can be subjected to medical, scientific or other experiments without voluntary consent?

How is a compulsory medical examination carried out if no one can be subjected to medical, scientific or other experiments without voluntary consent?

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answers (2)

Answer 1
January, 2021

The above answer of Max Olenichev is legal.

I understood the question like this: "How is medical examination carried out when a person is against him."

I can explain about the examination for the state of intoxication (alcoholic or narcotic). There is an approved form of the form of the act and the protocol of the survey. It has a descriptive part (clinical examination - the state of the pupils, coordination tests, etc.) and an instrumental part (data from a breathalyzer, blood tests, etc.). In the clinical part, the doctor will write what he sees in the patient (his consent is not required for this). The patient may refuse a breathalyzer, blood test and / or urine test.

If the patient refuses any manipulations for examination, then this will not be interpreted in his favor, that is, there will be a conclusion about intoxication. If the patient is not conscious, then the tests will be taken from him and the conclusion about intoxication will be made based on the results.

Therefore, all these people ("I will not blow", "I will not give blood" who blow into the breathalyzer into themselves and others) simply receive a record of the presence of intoxication in their examination report and leave satisfied with themselves (how they fooled everyone). Further, police officers, traffic police or employers will "delight" them with their decision :)

Answer 2
January, 2021

Your question is not about how the survey is carried out, but for what reasons it is done.

Answer)

People live in society. In order to maintain order in society, there is a state that adopts laws and controls their implementation.

Unwanted behavior of people may be prohibited by law, these are offenses specified, first of all, in the Code of Administrative Offenses of the Russian Federation (hereinafter - Code of Administrative Offenses of the Russian Federation) and in the Criminal Code of the Russian Federation.

Thus, among the offenses provided for by the Code of Administrative Offenses of the Russian Federation:

  • driving by a driver in a state of intoxication, transferring control of a vehicle to a person in a state of intoxication;

  • consumption (drinking) of alcoholic beverages in prohibited places or the consumption of narcotic drugs or psychotropic substances, new potentially dangerous psychoactive substances or intoxicating substances in public places;

  • being in a state of intoxication of minors, their consumption (drinking) of alcoholic and alcohol-containing products, or their consumption of narcotic drugs or psychotropic substances, new potentially dangerous psychoactive substances or intoxicating substances

  • and others.

In order to confirm the presence or absence of a condition, for example, intoxication, it is necessary to conduct a medical examination.

A medical examination is a combination of medical examination methods and medical research aimed at confirming such a condition human health, which entails the onset of legally significant consequences. This is evidenced by the Federal Law "On the Basics of Health Protection of Citizens in the Russian Federation", Article 65.

So, if, as a result of a medical examination, it is established that the offender is intoxicated, then responsibility may be applied to him provided by law. And if such an examination shows that no, there was no intoxication, then the state will not bring such a person to justice for offenses related to intoxication.

In general, Article 65 of the Federal Law "On the Basics of Health Protection of Citizens in the Russian Federation "establishes the following types of medical examinations:

1) examination for the state of intoxication (alcoholic, narcotic or other toxic);

2) psychiatric examination;

3) examination for the presence of medical contraindications to driving a vehicle;

4) examination for the presence of medical contraindications to the possession of a weapon;

5) other types of medical examination established by the legislation of the Russian Federation.

You have the right to refuse a medical examination, but then the state will apply measures to you for refusing to pass it.

Thus, Article 12.26 of the Code of Administrative Offenses of the Russian Federation provides that if the driver has refused to undergo a medical examinationtests on the state of intoxication, he may be subject to a fine, arrest or deprivation of the right to drive a vehicle for a certain period.

In the course of a medical examination, specialists use already tested and approved methods. In these cases, experiments on people are not performed.

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