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Deferment from conscription for the mobilization of a citizen who is constantly taking care of his father, mother, other relative in need of care for health reasons

Law.Ru – officially registered media. Link to this article: Mirolyubova S.Yu. Features of deferment from military service for the mobilization of a citizen who is busy constantly caring for his father, mother, other relative in need of care for health reasons father, mother, other relative in need of care for health reasons [Electronic resource] // Zakon.ru. 2022.29September. URL: https://zakon.ru/blog/2022/9/29/osobennosti_otsrochki_ot_prizyva_na_voennuyu_sluzhbu_po_mobilizacii_grazhdanam_kotorye_zanyaty_posto

Judicial practice on conscription for military service lies in a different plane. It is possible that the courts, when resolving issues related to mobilization, will begin to make decisions based on judicial practice on military conscription. This point is controversial, especially in criminal cases.

Clause 3 Part 1 Art. 18 of the Federal Law “On mobilization training and mobilization in the Russian Federation”:
Deferment from conscription for military service for mobilization is granted to citizens:
grandmother or adoptive parent who, for health reasons, in accordance with the conclusion of the federal institution of medical and social expertise in , permanent outside care (assistance, supervision) or who are disabled of group I, in the absence of other persons obliged by law contain specified citizens.

If you carefully read paragraph 3 of Part 1 of Art. 18 of the Federal Law “On mobilization training and mobilization in the Russian Federation”, you can see that in this paragraph there are two concepts “permanent care” and “maintenance” .

It is important to note that care has two essential characteristics. Care must be foreign and permanent . This indicates the severity of the state of health of the person who needs constant care and is not able to serve himself on his own.

The second important point is that at the time of receipt of the summons, citizen must already be busy caring for a father, mother, wife, husband, sibling, sister, grandfather, grandmother or adoptive parent who, for health reasons, need constant leaving. Considering that the recognition of a person in need of constant care and the receipt of a disability group is not so quick (on average, it takes 4-6 months), then the situation when a summons arrives, and the recognition of a person in need of constant care is still in the process, normative acts not settled. Apparently, this situation should be solved individually in each case.

It should be noted that paragraph 3 of Part 1 of Art. 18 of Law No. 31-FZ narrows the circle of persons who are constantly cared for by a citizen who is subject to conscription for military service for mobilization in order to receive a deferment. According to the current legislation, permanent care can be provided for any person who needs such constant care. In the event of a call-up of a citizen for military service on mobilization who provides permanent care for another person (persons) in need of such care for health reasons, the question remains open who will continue to provide constant care for this person (persons)? obviously the situation of such a person is significantly worsening.

“Permanent care” and “maintenance” are completely different concepts. of the RF IC (Article 89, etc.) speaks of maintenance obligations, that is, it is precisely about the maintenance of a needy family member (former family member). And permanent care is a socio-medical term. They cannot be mixed. And the fact that in paragraph 3 of part 1 of Art. 18 of Law No. 31-FZ specifies different concepts of “care” and “maintenance” not by chance, however, the wording of this paragraph of the Law needs to be clarified. It is possible that judicial practice will reach the Constitutional Court of the Russian Federation, since according to the law or by a court decision, one can be forced to support a family member, relative, but one cannot be forced to take constant care of a family member (relative). This is a moral and social obligation that a person takes on voluntarily.

If we rely on the definitions from paragraph 5 of the Order of the Ministry of Labor of Russia dated September 29, 2020 N 667, then:
in order to ensure comfortable and safe living conditions, preserve (maintain) independence and reduce dependence on outside help of such citizens, their integration into society;

3) care – a set of actions for servicing citizens in need of outside care, taking into account their individual needs, structure and degree of disability, health status, psychophysical characteristics, preferences, rehabilitation potential and other available resources that provide optimal conditions for comfortable and safe life, supporting their health and independence, as well as contributing to a favorable course of life, preventing possible adverse situations, fulfilling medical recommendations and prescriptions based on respect for human and civil rights, respect for the individual and preventing the humiliation of the honor and dignity of a person;

4) citizens in need of outside care – elderly citizens and disabled people, including citizens with mental disorders, recognized in the prescribed manner as needing social services due to the complete or partial loss of the ability or ability to carry out self-service, move independently, provide basic necessities of life due to illness, injury, age or disability;

5) caregivers – citizens who, on the basis of family, neighborly or friendly ties, care for citizens in need of outside care.

The provisions of chapters 14 and 1 5 of the RF IC (maintenance obligations), in my opinion, are not applicable when resolving issues of permanent care in accordance with clause 3, part 1, art. 18 of Law No. 31-FZ. The obligation to pay alimony and financial maintenance by law or a court decision is not equal to the obligation to provide permanent care. Yes, it is possible to oblige to support financially and pay alimony by law and by a court decision. But it is impossible, by a court decision, to force a family member or other person, for example, to take care of a lying patient and carry out a vessel for him. Often, physical strength is needed to lift a person, turn them over, and a retired wife is unable to do this. It can only be a man, and not alone. It should be especially noted that the help of social workers is limited and is not associated with physical efforts, for example, turning over, washing a bedridden patient, etc., they should not.

Thus, in the example of the appeal ruling of the Yaroslavl Regional Court of December 19, 2014 in case N 33 -7146/2014 Court’s reference to Art. 31 of the RF IC is not consistent, since Art. 31 of the RF IC is of a moral nature . In addition, a retired wife herself may not be able to care for her husband, who needs constant care, for health reasons. For example, unable to keep a running away spouse with dementia.
Lawyers and lawyers who personally encountered (cared for) people who need constant care can help people in resolving these issues. Roughly speaking, if a person did not lift a bedridden patient, did not see bedsores, or did not restrain a person with dementia who breaks out of an apartment, smears feces on the walls, etc., then he simply does not understand what he is talking about, and just like a judge of the Yaroslavl Regional Court will refer to Art. 31 of the Family Code, speaking theoretically, not understanding the reality of the life of a particular family. Therefore, we need examinations of doctors, the conclusions of a medical and social examination, where all this is indicated.

In addition, the fact of confirmation of permanent care for a father, mother, wife, husband, sibling, sister, grandfather, grandmother or adoptive parent who, for health reasons, needs constant care, is registration with such a person in the same apartment or actual residence, confirmed, for example, by medical documents. For example, when a person in need of constant care lives without registration in the apartment of his son, brother, who provides him with constant care. The fact of such residence can be confirmed by medical documents, having previously re-registered the health insurance policy at the actual place of residence. Or certificate f. No. 9also confirms the fact of cohabitation of the citizen who cares and the person who needs constant care.

Supplement:

The Directive of the General Staff of the Armed Forces of the Russian Federation dated October 4 No. 315/2/3658 “Procedure for granting citizens a deferment from conscription for mobilization” states that the deferral in accordance with paragraph 3 of part 1 of Art. 18 of Law No. 31-FZ, is provided on the basis of, among other things, the conclusion of a medical and social examination on disability. But the ITU Bureau does not give a conclusion on disability!

In accordance with Decree of the Government of the Russian Federation of April 5, 2022 No. 588 “On Recognizing a Person as Disabled”, an Act is drawn up during a medical and social examination to recognize a person as disabled.

In accordance with the Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n “On the forms of a certificate confirming the fact of the establishment of disability and an extract from the certificate of examination of a citizen recognized as disabled, issued by federal state institutions of medical and social expertise, and the procedure for compiling them” (together with the “Procedure for compiling forms of a certificate confirming the fact of establishing disability and an extract from the certificate of examination of a citizen recognized as disabled, issued by federal state institutions of medical and social expertise”), the fact of establishing disability is confirmed by a certificate, the established form and an extract from the Certificate of examination of a citizen recognized as disabled.

Not only did the General Staff of the Armed Forces of the Russian Federation include grounds for deferment of mobilization that are not in Art. 18 of Law No. 31-FZ and Decrees of the President of the Russian Federation, has further confused the situation with citizens who need constant care (supervision), since the conclusion of a medical and social examination on disability as a form of document is not established by regulatory legal acts.

In such a situation, you should rely on the current regulations and follow them.

p.s. Bill No. 206845-8 “On Amendments to the Federal Law of February 26, 19” was submitted to the State Duma of the Russian Federation97 No. 31-FZ “On mobilization training and mobilization in the Russian Federation”. The proposed bill does not affect the deferment provided for in paragraph 3 of part 1 of Art. 18 of the Federal Law “On mobilization training and mobilization in the Russian Federation” for citizens engaged in constant care for a relative.

My comment on the air of the program “Results of the day” of the year on mobilization from 10/05/2022 78 channel (TV)

My comment on the air of 78 channel (TV) of the program “Incidents” of 10/14/2022 regarding the detention of the head of the military registration and enlistment office

Article on my website https://smirolyubova. blogspot.com/2022/09/otsrochka%20mobilizatsii.html

You can also read about mobilization: registration, for leaving the place of residence (place of stay) and under Article 328 of the Criminal Code of the Russian Federation during the period of mobilization in the Russian Federation”

“Criminal liability for committing crimes under Articles 337, 338 and 339of the Criminal Code of the Russian Federation during the period of mobilization”

Employees of the military registration and enlistment office can serve the summons anywhere in the Russian Federation. Rights and obligations of military registration and enlistment offices, law enforcement agencies and the Federal Migration Service. Mobilization reserve and mobilization resource

Personal consultations through the feedback form on my website https: //smirolyubova.blogspot.com/

What is diabetes, its signs, disease prevention

The number of Russians with diabetes has grown to 5. 1 million. Such statistics as of the beginning of 2020 were given by Deputy Prime Minister Tatyana Golikova.
Almost every Russian is familiar with someone who has diabetes. There is no cure yet for this disease, but a combination of diet, proper treatment, and exercise can improve the quality of life for these people. Now you will better understand what this disease is, how to cope with it and what is expected in the future.

What is diabetes mellitus?

Diabetes is a serious chronic disease that develops when the pancreas fails to produce enough insulin or when the body cannot use the insulin it produces. This is manifested by high levels of glucose in the blood and the development of lesions of blood vessels and internal organs over time.

There are two main types of this disease:

Diabetes mellitus of the first type (insulin-dependent) – develops as a result of the destruction of pancreatic cells that produce insulin by the body’s immune system. This disease occurs in people of any age, but is more common in children or adolescents. People with this form of diabetes need daily insulin injections.

Diabetes mellitus type 2 (non-insulin dependent) is the most common type of diabetes, usually in people over 40 years of age. In this case, insulin is produced in the body, but does not have the proper effect due to a violation of the sensitivity of cells to it in the tissues of the body. People with this type of diabetes need a well-balanced diet, increased physical activity and, if necessary, medication.

How common is diabetes mellitus?

According to official statistics, diabetes occurs in approximately 6-8% of the world’s population. The prevalence of this disease has increased in recent decades. The main reasons for this are overweight, lack of physical activity, unhealthy diet, bad habits, chronic stress.

What symptoms indicate the development of diabetes?

The main symptoms of type 1 diabetes are:

• weakness, fatigue;

• constant feeling of hunger, weight loss;

• frequent urination;

• thirst and dry mouth,

• blurry vision;

• prolonged healing of wounds;

• impotence;

• numbness and pain in the legs.

In type 2 diabetes, the symptoms of the disease are usually less pronounced.

How to treat diabetes?

There is still no cure for diabetes, and most treatments are based on getting blood sugar levels as close to normal as possible. The closer the sugar level is to normal, the better a person with diabetes feels. It has been proven that the control and normalization of blood sugar levels significantly reduces the occurrence of late complications and their severity.

Currently, glucometers are widely used – compact devices that allow you to measure blood glucose levels without even leaving your home:

Accu-Chek Performa blood glucose meter and Accu-Chek Active blood glucose meter.

The main differences between Accu-Chek glucometers are the size of the test strip and the test field on it, as well as the screen size. The Accu-Chek Active meter has a larger screen, which is convenient for those who have low vision. Accu-Chek Active test strips are also larger in size and you need to apply blood to the test field yourself by placing your finger on it. The Accu-Chek Performa meter requires less blood to determine a result. The Accu-Chek Performa test strip must be brought to a drop of blood, the test strip itself will absorb the right amount. This may help those who find it difficult to get a large drop of blood after a puncture (anemia, low blood pressure).

Glucometer Satellite Express is a device of a Russian manufacturer, among the main advantages of which are the accuracy of readings, maximum ease of use, as well as the favorable cost of test strips.

People with type 1 diabetes need continuous insulin for treatment. Because insulin is destroyed when taken orally, it must be given by injection. In recent years, insulin pens have appeared. Their use solves many of the problems that exist with the usual use of insulin syringes and vials.

In addition, today there is an alternative to multiple daily injections of insulin – an insulin pump. This is a small electronic device that injects insulin according to pre-programmed individual settings (imitation of the pancreas in a healthy person). Continuous subcutaneous insulin infusion eliminates the need for frequent injections – fast-acting insulin is administered in precise doses around the clock, precisely meeting the needs of the body.

Another invention that will probably soon be used is the insulin inhaler. With its help, insulin enters the lungs, and then into the systemic circulation.

For some patients with type 2 diabetes, diet, exercise, and bad habits are enough to bring blood glucose levels back to normal. Others for whom this is not enough are treated with both tableted drugs and insulin injections.

Over the past 15 years of the 21st century, seven new classes of hypoglycemic drugs have emerged, among which the most advanced are glucagon-like peptide 1 receptor agonists; dipeptidyl peptidase 4 inhibitors – Alogliptin (Vipidia film-coated tablets), Sitagliptin (Januvia film-coated tablets), Vildagliptin (Galvus tablets) and, finally, sodium-glucose cotransporter 2 inhibitors (gliflozins) – Ipragliflozin (Suglat film-coated tablets coated), Dalagliflozin (Forxiga film-coated tablets).

What are the complications of diabetes?

Most people with diabetes lead normal lives as long as they follow their doctor’s instructions for diet, exercise, medications, and insulin. But at the same time, patients with diabetes for many years may develop late complications, such as:

Diabetic retinopathy is a disease that causes damage to the blood vessels supplying the retina of the eye, leading to reduced visual acuity and blindness.

Diabetic polyneuropathy is a disorder of the peripheral nervous system that leads to loss of sensation and pain in the legs (risk of ulcers and serious infections), erectile dysfunction, and problems with digestion and urination.

Diabetic coma is a condition resulting from a lack of insulin in the body, in which a person loses consciousness.

Diabetic foot is a complex of pathological changes in peripheral nerves, blood vessels, soft tissues, bones and joints of the feet. The end result of these changes is the appearance of acute and chronic ulcers on the dorsal and plantar surfaces of the feet, fingers, and less often heels.

Diabetic nephropathy is damage to the blood vessels of the kidneys, which leads to a decrease in the efficiency of the work or complete failure of the kidneys.

Diabetic angiopathy – damage to large and small blood vessels, mainly the heart and lower extremities.

Diabetic encephalopathy is a violation of brain functions, in which patients develop fatigue, headaches, sudden attacks of aggression, attention and memory deteriorate, and problems with speech and motor skills occur.

Vitamin and mineral complexes play an important role in the fight against complications of diabetes mellitus:

Complivit Diabetes (tablets). A complex of 12 vitamins and 4 minerals, as well as ginkgo biloba extract and lipoic acid. Helps regulate blood sugar levels and reduce the risk of diabetic complications. Helps improve the quality of life of people living with diabetes.

Doppelgerz Aktiv Vitamins for diabetics (tablets). Vitamin-mineral complex containing 10 vital vitamins, as well as zinc, chromium, selenium and magnesium.

Olijim (inulin + gymnema) tablets. Helps maintain normal blood sugar levels with two herbal ingredients.

Alphabet Diabetes (tablets) – contains 13 vitamins and 9 minerals, organic acids and plant extracts. Unlike other complexes, it was developed taking into account scientific recommendations for the separate and joint intake of nutrients.

What are the forecasts for the future?

Even 100 years ago, diabetes was considered a fatal disease. During this time, significant progress has been made in the treatment of diabetes. If we compare the treatment of type 1 diabetes, for example, at the end of the twentieth century and now, then there are much fewer complications. Extensive efforts are currently being made to find new treatments for diabetes mellitus. A number of research teams around the world are developing new drugs and experimenting with them, looking for new ways to deliver insulin using genetic engineering, which would ideally mimic its secretion in the pancreas.