Why do they take away my passport in a mental hospital? Instructions on how to legally free a person from a mental hospital. Subscribe to updates

Question asked by a userMaksim

Dear Maxim!

In accordance with Part 1 of Article 5 of the Law Russian Federation“On psychiatric care and guarantees of the rights of citizens during its provision” dated July 2, 1992 N 3185-1, persons suffering from mental disorders have all the full rights and freedoms of citizens provided for by the Constitution and federal laws. Restriction of the rights and freedoms of citizens associated with mental disorder is permissible only in cases provided for by federal laws. The “Regulations on the passport of a citizen of the Russian Federation” dated July 8, 1997, approved by Decree of the Government of the Russian Federation on July 8, 1997 No. 828, establishes that the passport of a citizen of the Russian Federation is the main document identifying the citizen; all citizens of the Russian Federation are required to have it. The citizen is obliged to carefully keep the passport and the citizen must immediately report the loss of the passport to the territorial body of the Federal Migration Service. It is prohibited to confiscate a citizen's passport, except in cases provided for by the legislation of the Russian Federation. A patient in a psychiatric hospital, being in a hospital for a long time, cannot meet any of the specified requirements of the law.

In accordance with the Procedure for providing medical care for mental disorders and behavioral disorders, approved by order of the Ministry of Health and Social Development of the Russian Federation dated May 17, 2012 N 566n, the functions of a psychiatric hospital, in addition to providing specialized medical care, include participation in solving social issues of patients, assistance in finding employment for persons, suffering from mental disorders, participation in resolving issues of guardianship, medical, social and living arrangements for disabled and elderly people, organizing training for disabled people and minors suffering from mental disorders. For patients undergoing treatment for a long time, or in cases where the diagnosis requires a long stay in a hospital with severe chronic mental disorders, the hospital often acts as a legal representative in accordance with the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. Without a patient’s passport, the hospital cannot perform these functions.

Patient passports are on temporary storage at the administration of the State Healthcare Institution SOPB in conditions that exclude access to documents of third parties (in the safe of the head nurse) when citizens are admitted for treatment on the basis of a storage agreement, the subject of which is the free provision of services for storing passports. Evidence of the conclusion of such an agreement is the patient’s consent and the corresponding signature on the receipt for temporary storage of his passport. The administration of a psychiatric hospital is obliged to issue a citizen his passport not only at the time of discharge from the hospital, but also upon his first request, since the passport of such a citizen is not confiscated, but transferred for storage.

In case of illegal seizure of a passport by the administration of a psychiatric hospital or its medical staff, as well as by an emergency psychiatric care team, a citizen has the right to appeal such actions to the prosecutor's office, court or a higher official.

Additionally, we inform you that if you do not express a desire to provide a passport for storage to the hospital department, this does not entail restrictions on the volume and quality of medical care provided.

Emergency medical assistance is called by telephone number“03” (from cell phones 03, 030, 003, 033, 03*- depending on the telecom operator).

The caller (patient, injured, relatives, other persons) is obliged:

How, when and where are they hospitalized?

The decision about hospitalization is made by the doctor.

Even if, contrary to his opinion, he decides to take the patient to the hospital, the emergency department is also unlikely to find grounds for hospitalization, and he will have to return home on his own.

Hospitalization is carried out when life-threatening conditions, childbirth, in the postpartum period, with injuries after emergency situations and natural disasters(Article 35, clause 4 of the federal law “On the fundamentals of protecting the health of citizens in the Russian Federation”).

The patient is taken to a nearby free emergency hospital, but the profile of the diagnosis is taken into account.

For example, for some categories of patients (in particular with strokes) there is a list of hospitals.

The wishes of the patient or his relatives are not taken into account in this case (Article 6 of Appendix No. 1 of the relevant order).

If the patient (or his relatives) believes that hospitalization is absolutely necessary, but the ambulance refuses, you can independently come to the emergency department of the hospital that the patient considers most suitable.

Place of residence, registration or temporary registration does not matter for doctors.

If the case is not an emergency and there is no threat to life, but the doctor still decides to send the patient to the hospital, you can refuse hospitalization, for which you need to sign the appropriate paper.

Parents (guardians, trustees) of a sick child or a person declared incompetent by a court decision may refuse medical care.

But if the doctor believes that this decision jeopardizes the patient's health, the appropriate medical organization can appeal to the court or guardianship authorities, the team leader can call the police.

If a person is competent and unconscious, then none of the relatives can resist the provision of medical care.

Hospitalization without taking into account the patient's opinion is carried out if a person suffers from a severe mental illness.

The medical team that arrives to the call can provide emergency assistance on the spot or hospitalize the patient. A patient can only be taken away with his consent.

Cases of hospitalization are regulated and not everyone is taken to hospitals, but only those who meet the symptoms prescribed by the rules.

Conditions for which hospitalization is required:

1. Receiving severe injuries, injuries, damage to vital organs.
2. During a crisis of severe forms of chronic diseases.
3. Pregnancy that poses a threat to the life of the mother or baby.
4. Bleeding, various localization.
5. Vague symptoms, sharply deteriorating patient’s condition.
6. When urgent surgical intervention is necessary.
7. The patient’s mental disorder poses a threat to him or his loved ones.
8. The need for isolation in case of dangerous viral diseases, etc.

When can they refuse?

If a person calls 03, he can be refused only in very rare cases.

Emergency doctors do not carry out:

The ambulance will not determine the state of drug or alcohol intoxication, relieve a hangover, issue certificates, provide dental care (except for cases of severe bleeding after tooth extraction) and prescribe treatment.

An ambulance team is not required to be on duty at the entrance “just in case”: a patient in need of constant monitoring is either transferred to the care of the clinic to which he is attached or hospitalized.

Rita Mohel

Muscovites are slowly but surely going crazy.

Madness is the scourge of the elderly, lonely and - most importantly - those burdened with excess weight. square meters townspeople

The disease comes on suddenly. Just yesterday the dear old man behaved as quietly as possible, and today orderlies in dirty coats are already dragging him into an ambulance. This means that tomorrow some cunning guardian will move into his apartment.

Why is this happening? And how to protect unfortunate pensioners from pest doctors and fraudulent nurses? This is what MK investigates.

Punitive psychiatry is a phrase well known to people of the older generation.

In the Soviet Union, those undesirable were often declared crazy and treated in psychiatric hospitals.

Times, it would seem, have changed. But even today, citizens are forcibly placed in psychiatric hospitals and “stabbed” with drugs. Only the reason for this today is different - economic. To put it simply, it’s still the same housing problem.

What threatens the property owner in a medical institution?
Who uses it instead of the owner and how? For whom is the danger more serious - for those with legal capacity or for those who are deprived of legal capacity? The answers to these questions are in the MK investigation.

Count Tolstoy was driven crazy

In September 2004, the 67-year-old owner of a two-room apartment on Ostrovityanova Street, Ivan Poluektov, was seized right at the entrance of a person in a police uniform. They explained to the neighbors: the old man is not paying the rent, we need to figure it out... Ivan did not return either that day or a week later. He would have disappeared somewhere, but, fortunately for him, the people living in the house were friendly - they became worried.
The eldest on the block found my grandfather's relatives (few people knew that he had relatives, so he was mistaken for a defenseless loner). The search began with the police. But in the department they were spinning like crucian carp in a frying pan: “By to this address we didn't take anyone. Oh, sorry, mistake: the PPS crew took it! But the trouble is, the old man had a seizure in the car - it looks like he has epilepsy. I had to go to the hospital.” - "In which?" - “That’s what we don’t know, we don’t know...”
And a month later, news arrived from Ivan! From the psychiatric hospital named after. Alekseeva. The old man quietly asked his roommate, who was being discharged, to call his family and tell them that he was begging for salvation.
Delegates from neighbors and relatives went to pick up my grandfather. They were explained that the patient Poluektov had been diagnosed with schizophrenia. The police brought him in as a social danger. Soon, the wife and son who came to visit Ivan were told: the patient’s condition had deteriorated sharply, he had become aggressive, and it was forbidden to allow visitors to see him. “How long?” - “Who knows... Until the treatment ends.” But even then Ivan will not be released, but will be transferred to a country psychiatric hospital, which means it will not be possible to take him home... never again.
- Is this our aggressive grandfather? Nonsense! “Quiet old man,” the elder woman seethed at the entrance. - Well, I went on a pilgrimage and grew a beard like Count Tolstoy. I lost my passport. So what? Imagine, the doctors directly warned us: if life is precious, don’t get involved in this matter! But we will not resign ourselves! Me, my neighbor and four of Poluektov’s relatives take turns going to the hospital: we supervise.
Just before the New Year - it is possible that, trembling from the pressure, “Count Tolstoy” was finally discharged. He hummed into the phone in a dull voice and told how much fear he had suffered. No, not from doctors. Once in the ward - everyone was already asleep! - Fifa, a realtor, showed up with papers. Then a photographer with a camera. They put the old man in a red foreign Fifa car and, under the supervision of two orderlies, drove him somewhere. It turned out - to the passport office, for a new passport.
But hopes of escape faded:
“They didn’t let me get out of the car.” I just sat in the back seat with the orderlies, and the papers were handed to me to sign through the window.

All this could be true, or it could be the delirium of a schizophrenic and the fantasies of frightened relatives. Until it turned out that while Ivan was being marinated in the psychiatric hospital, his apartment, according to the Moscow Registration Committee, changed owners. And then the question logically arose about the role of the medical institution in this ugly story. Is it really in league with the crook?

Of course, I called the hospital department. According to Mr., who introduced himself as the manager. department, the patient came to them... on his own feet: he voluntarily expressed a desire to be treated (there is no doubt that this is exactly what was recorded in the medical reports). And the Aesculapians are not responsible for the fraudulent visitors who hovered around him in the shelter of grief. You never know who would think of visiting a sick person. Go figure - is he a realtor or a relative?

It was impossible to believe this story, knowing the strict access control regime in the capital's psychiatric hospitals.

Don't give your passport to caregivers!

How to insure yourself so that in a psychiatric clinic you are not deprived of not only the remnants of your mind, but also your apartment? Lyubov VINOGRADOVA, executive director of the Independent Psychiatric Association of Russia, says:

The NPA has existed since 1989, but in last years The problems with which people come to us have changed. Now half of the requests are for court cases, and most of the cases are related to property. Somewhere since 2000, the number of people declared incompetent by the court has sharply increased. It is clear that the reasons cannot be medical. Relatives are afraid that the old people will sign some kind of paper regarding the housing deal. Or they send the owner to a psychoneurological boarding school to use his property. Or old man suddenly decides to get married, and his potential heirs get scared...
“I have heard that honest doctors themselves advise relatives before sending a patient to a boarding school: “First recognize him as incompetent, otherwise they will marry him or screw him up in some other way.”
- Yes, the incapacitated are better protected. Muscovite K. contacted us; her elderly aunt was being treated in a regular hospital in the Moscow region. It turned out that while lying there, the aunt had managed to bequeath the apartment to a man who had barely been released from the colony. And the document was certified by the deputy chief physician, who was left to replace the chief for just a few days! There was a trial, but they could not prove the forgery.

Or another case. The relatives of a helpless 91-year-old man found a nurse. One day, a pensioner had to be urgently taken to the hospital, and the nurse inadvertently gave him his passport. And six months after the old man’s death, the heir learned that a deed of donation of an apartment, certified by a notary, had been drawn up for the nurse. The trial is now underway, there is a lot of testimony in favor of the family. But... the first forensic psychiatric examination, when asked whether the person could account for his actions, answered: there was not enough information. Sometimes up to 5 examinations have to be done.

Capture with icon

Zyuzino, psychoneurological boarding school No. 18. A long fence, from the street side the sidewalk is fiercely scraped by a lost person with a broom - an obvious patient. From inside the guards' booth, if you look behind the glass, you can see a list of names addressed only to them with a menacing cap: “Don't let them in!” These visitors are persona non grata.
Suspicion and undisguised malice can be read in the intonation of the boarding school director:
- Marvelous! Some citizen complains, and a journalist just like that, out of the blue, goes to investigate?

Alas, Natalya Suverova (we changed her last name at her request) sought justice for the director not only in MK, but also in the Department of Social Protection and the Prosecutor's Office. For a whole year she was prohibited from visiting her relative, the schizophrenic Petrov. And the reason, Natalya believes, is a close interest in their fate - common with Petrov! - apartments. Suverova will arrive with a bag of groceries, and the security will read the cheat sheet, and - turn away from the gate. She even sent a note to the patients: “Vitya, don’t be afraid, I didn’t leave you!”

Finally, a commission from the Department of Social Protection went to the boarding school. They also called Suverova: “Otherwise they will present us with the wrong patient - there was such a case.” We left secretly so that... the wife of the director of the PNI would not visit. Until recently, she worked as a department specialist - precisely in the department that oversees the work of boarding homes.

Petrov was taken out. When he saw Natalya, he cried and grabbed her hand: “This is Natasha, she’s good, they didn’t let her in.” Haven't seen each other for a year! The commission asked the attending physician whether visits were harmful to the patient. “Whatever, it’s only for the good.”

In fact, according to the law on psychiatric care, the rights of patients in mental hospitals and boarding schools - including visits - can be limited. On the recommendation of the attending physician. So there is always an excuse for prohibitions: visits, they say, have a bad effect on the patient. The regime in psychiatric hospitals is usually determined by the head doctors - in some institutions they do not allow people to call, they look through letters, etc. In others, everything is much more liberal.
The ban on visits was lifted.
- And then Vitya began to tell. The director often called him “on the carpet.” He asked: what kind of apartment did he have, who received it, who from the family lived where before... Vitya was afraid: in their boarding school there were many patients whose housing was seized by the employees, Suverova explained.

But the fact is that Natalya and Victor are the heirs of a “Stalin” two-room apartment on Mira Avenue, each owning half. By today's standards, an apartment costs at least 300 thousand dollars. The psychiatric hospital tried to move its employee, accountant Umnova, who came from Ryazan, into the sealed half of the patient.
From a letter from the director of the boarding school:
“The Umnova family is characterized positively. Since being placed in the boarding school, Umnova has regularly visited Petrov, which has a positive effect on his mental state. He has no relatives, and, except for Umnova, no one visits him. We are confident that Umnova will conscientiously maintain the residential premises in proper sanitary and technical condition, and pay taxes and utility bills on time.”
“One day, some woman came into the apartment with bags and an icon, along with a boarding school lawyer and a representative of the guardianship department,” Natalya said. - I called the local police officer. The guests showed him Petrov's certificate of ownership and the trust agreement for the management of his property. “But you are not Petrov. You have no right to move in.” They pushed the district police officer away, he called for reinforcements - a physical protection group with machine guns. The boarding school employees instantly disappeared. They even forgot the icon in a hurry...
This was step one. Step two is to occupy the entire apartment. Natalia was offered to move to Zyuzino: “We’ll make an exchange, we’ll give you a one-room apartment. We have our own realtor.” “And this one-room apartment,” the woman asked, “did you also take away from the patients?”

Guardian - that sounds scary

The funny thing is that PNI does not break the law! As a guardian, he is obliged to take care not only of the life and health of the incapacitated Petrov, but also of his property. In Moscow, recommendations on trust management of the property of incapacitated and partially capable persons were distributed to health and social protection institutions. The procedure is as follows: the guardian himself selects a morally stable candidate for the manager, and the council only approves this choice. Then an agreement is concluded, which is officially registered at the registration chamber.

To the greater benefit of the patient (he is called the beneficiary), two types of contracts have been developed. When it comes to housing, they usually choose option 1: the manager and his relatives have the right to live in the apartment and pay for its maintenance and repairs from his own money. But most importantly: alienation transactions are allowed, including the exchange and donation of an apartment, its rental, as well as any actions that entail a decrease in the beneficiary’s property - however, only with the permission of the government.

In PNI No. 18, either seven or eight contracts were concluded. Mainly with employees.
“Different boarding schools have different approaches,” Lyubov Vinogradova explained to me. - Somewhere they say: “We give trust management to anyone, we don’t want to get involved: these are courts, unnecessary proceedings.” Others take it, and very willingly...

Of course! Knowledgeable people They gave me a specific figure in USD. The scheme is simple. A person gets a job in a psychiatric hospital, he unfastens the director - the head of the guardianship commission. He is appointed manager, and he moves into the patient’s apartment - legally, with his family, with official registration. The contract is valid for 5 years, but who is stopping you from extending it? Or “reduce property”? There is a feeling that the agreement was deliberately designed to confuse officials. Full scope of criminal fantasy!

And what benefit does a patient locked in a mental hospital get from having an accountant, cook or plumber move into his apartment? Only the fact that the poor fellow will not have to spend money on utility bills from his pocket money “for cigarettes and lollipops” - a miserable 25% of his pension.
“The benefit is mutual: this way the patient will live longer,” explains the director of the boarding school condescendingly.

It is not determined who can manage the property - a relative or a stranger. Here is another weak point in the system: boarding schools welcome some relatives, but do not allow others to enter the door. It can be assumed that a responsible choice is made unselfishly, for kickbacks. Natalya was denied trust management. But there are many wealthy people in the same boarding school. Incapacitated owner of a property with an area of ​​590 sq. m in South Butovo (management is registered in the name of his brother). The owner of an apartment in Arbatsky Lane (it is managed by a close relative). Owner of a good apartment on Kutuzovsky Prospekt (a relative’s candidacy is being considered).

Fortunately, they have now managed to transfer Viktor Petrov to another PNI, where they are not concerned about other people’s property. But the original documents for his apartment and the keys disappeared. They were found at Umnova's. The unlucky accountant filed a lawsuit: let the patient be transferred even to Kamchatka - she intends to remain as a trustee and, through the court, register in his room. “And you’re not embarrassed to say it?” - Natalya was surprised. “Why be ashamed? This is how everyone gets housing.”

TO THE MENTAL HOUSE - FOR AN APARTMENT

How closely are psychiatrists related to apartment scammers? Chairman of the Civil Commission on Human Rights Sofya DORINSKAYA comments.
- The patients themselves may not know how and what happened to their property. People are helpless, they receive medications... There is such a group of drugs as atypical neuroleptics. For example, one of the atypical antipsychotics has the following side effects from a single pill: delusions, hallucinations, depersonalization (this is when a person does not understand where he is, what his name is, what education he has)... And if the patient is lonely, and even does not understand what is happening to him, who is he can complain because of a concrete fence, security post, metal detector, CCTV cameras?

Therefore, most of the data we have comes from our informants. There is a report of several cases similar to yours in one of the Moscow boarding schools - employees live in the apartments of lonely patients. And after the death of patients, apartments are given to them.
- This is, of course, to combat staff turnover.
- Yeah... We have information that very often the management of boarding schools fights with relatives of incapacitated people for the right to be guardians. A kind of competition: who will be the first to become a guardian!
- So, there is something to fight for...
- In general, the psychiatric system is very closed. There are crimes that the prosecutor's office does not notice. We distribute leaflets at hospitals, and relatives often come to us with complaints: they say that a person was taken to a psychiatric hospital and was never released again... Including because of the apartment.
- So, are such complaints confirmed?
- Here's a fresh example. A middle-aged woman and her elderly mother (I won’t mention their last names, sorry) were planning to move to Israel; they both had a wonderful apartment in Moscow. The daughter left first to resolve relocation issues, and left her mother in Moscow for now. She returned - the old woman was not at home: she was in a psychiatric hospital, already deprived of legal capacity, and her guardian was in a medical institution. The woman rushed to protest and investigate. And suddenly she disappeared. At this point the relatives panicked. They started looking for her and contacted us. It turned out that the daughter was also placed in a psychiatric hospital - in the hospital named after. Alekseeva! To appeal her hospitalization, she asked the Civil Commission staff to serve as her official representatives in court. We go to the deputy chief physician: “Here is your patient’s signature, please verify.” - “I won’t! I don’t find it advisable.” - “But why?!” - “And I think that she signed it in a painful state...”

They were only pulled out by involving Israeli diplomats. But now both mother and daughter are already abroad.

An eyewitness account: “OUR GRANDMOTHERS WERE “STABLIFIED”

“We all knew that our chief doctor was taking away apartments from elderly, lonely grandmothers. And the grandmothers were then either taken to a country hospital or “stabbed to death.” How? Well, with injections - to the state of a vegetable.

Everything happened before my eyes. But don’t write my name - I, of course, can’t prove anything... Before becoming the head physician, he lived on the working outskirts, in a “one-room apartment”. After being appointed to a leadership position, as expected, he became chairman of the guardianship council at the hospital. And just two years later he moved to the very center of the city, into a two-level apartment!

True, the head doctor still had to do some repairs in the new apartment. A “Gazelle” drove into the hospital courtyard, led 5-6 patients from the women’s department in formation, loaded them up and took them to work, and brought them back in the evening.”

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