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Every 40 minutes in Russia, one woman dies from domestic violence
At a meeting on Tuesday, the State Duma adopted in the third final reading a law on the decriminalization of a number of articles of criminal legislation, including battery, Interfax reports. Human rights activists expect an increase in domestic violence and also fear an increase in the number of attacks on opposition members.
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The adopted law proposes to decriminalize criminal offenses for battery, malicious evasion of alimony payments, use of a knowingly forged document, and petty theft.
The document notes that first a person for such offenses should be subject to administrative liability, and if the violation is repeated within a year, it will be classified as a crime and the person will be prosecuted.
When considering the bill in the first reading, it was proposed to decriminalize the article of the Criminal Code of the Russian Federation, which provides for punishment for the threat of murder.
However, during the preparation for consideration of the bill in the second reading, it was decided not to remove the article “Threat of murder or infliction of grievous bodily harm” from the Criminal Code.
“We decided not to decriminalize such a crime as a threat to life; we considered that it should be in the Criminal Code. The very presence of this crime in the Criminal Code, as science has suggested, already reduces the number of murders,” said Pavel Krasheninnikov, Chairman of the State Duma Committee on Criminal, Civil, Arbitration and Procedural Legislation.
The bill also proposes to introduce a new basis for exemption from criminal liability – compensation for damage. In this case, a court fine is imposed on such a person. The issue of such termination of criminal prosecution will be resolved in the same manner as established for the termination of a criminal case in connection with the reconciliation of the parties.
The bill also proposes to increase the amount of theft of someone else's property, after which criminal liability arises, from one to 2.5 thousand rubles.
Meanwhile, human rights activists believe that the decriminalization of these articles could lead to an increase in domestic violence, as well as unpunished attacks on dissidents. According to statistics, 12-14 thousand women die every year in Russia as a result of domestic violence, that is, one woman every 40 minutes.
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For the majority of the adult population, the question of how often fluorography can be done arises because the examination involves a certain dose of radiation. Law “On the fundamentals of protecting the health of citizens in Russian Federation» orders all working citizens to undergo FLG for preventive purposes, but not everyone wants to be irradiated while in full health.
At the same time, people with chronic pathologies lungs are forced to control the disease, but they are afraid that they undergo fluorography too often. Therefore, it is necessary to know some aspects of this procedure, its necessity, and its effect on the body.
Fluorography as an x-ray examination
During the passage of the FLG, through human body X-rays are transmitted in an amount of 0.05 millisievert. This is a tiny dose acceptable norm exposure, which can help save your health. Using fluorographic examination chest medical specialists diagnose:
- heavy infection lungs (tuberculosis);
- inflammation lung tissue(pneumonia);
- lungs' cancer;
- inflammation of the pleural layers of the lungs (pleurisy);
- pathologies of the cardiovascular system.
Based on the images taken, the doctor prescribes treatment. Timely initiation of therapy sometimes saves a person’s life, and if tuberculosis is diagnosed, it allows one to protect other people from infection by isolating the patient.
The advantages of the procedure include its low cost, and in many cases district clinics they do it for free. In addition, data is stored on digital media for a long time, requiring little time investment. The study lasts three minutes, and the decoding of the indicators takes no more than 24 hours. Sometimes it is very important to know how long it will take for the result to be ready. The advantages also include the absence painful sensations, high accuracy of indicators, no need for preliminary preparation of the patient.
Photo fluorography healthy person- lung pattern is within normal limits
Frequency of examination
According to the law of the Russian Federation, the working population needs to undergo fluorography once a year. Based on the results of the examination, a certificate is issued, which is required for employment, upon admission to study, before hospital treatment, and for conscripts. The results of lung fluorography are valid for 12 months. So if not special indications for examination, there is no need to undergo the procedure frequently.
For a healthy person, once a year is enough. To avoid untimely receipt of a portion of x-rays, it is important to know exactly the expiration date of the FLG. Another question about how often fluorography can be done arises if a person goes to the doctor with complaints about bad feeling or had contact with a patient with tuberculosis. In this case, pictures are taken more often, which helps to identify the disease.
There is a separate category of citizens who are required to undergo a fluorogram in a more intensive temporary mode. This is justified preventive measure, since the likelihood of infection or acquisition pulmonary diseases this group of people has a higher level.
These include:
- medical staff maternity hospitals. Newborn children and pregnant women need enhanced protection;
- doctors working with tuberculosis-infected patients. The risk of infection in this category is higher;
- workers of mining enterprises. In this industry a large percentage oncological diseases lungs;
- workers harmful production(asbestos, rubber) and steelworkers, who are also more likely to suffer from lung cancer.
For these people, different rules apply regarding how many times a year fluorography can be done.
When is research not allowed?
FLG is not used for diagnosis in women during pregnancy. Why is this so important? Because X-rays can cause the development of pathologies in the unborn baby. During lactation this procedure not recommended. In case of emergency, at least 6 hours should pass between the moment of irradiation and feeding. Milk should be expressed during this period. The procedure should not be performed on patients in serious condition. If it is not possible to postpone the process, it is better to use an MRI.
Children under 14 years of age are not exposed to radiation, since they receive a higher dose of radiation due to a more intense metabolism, only under absolute indications
Other cases:
- fluorogram was done more than 2 times a year. It is recommended to replace the X-ray dose with magnetic resonance imaging.
- available chronic diseases respiratory system. IN acute period bronchial asthma And respiratory failure it is necessary to wait for a period of remission, since it is difficult for a person to hold his breath, which will significantly complicate the examination.
Annual X-ray control– not only the prevention of diseases in oneself. In cases where a person has undergone the procedure and the diagnosis of a lung infection is confirmed, there is a chance to protect loved ones if they have not yet undergone FLG.
An immunogram will show what’s wrong
- How effective are immunograms and what can they tell us about immunity?
Immunogram is an assessment method immune status. And we're trying to determine how the immune system responds this person to the state as it is now. It shows which links immune system do not work or, on the contrary, work hyperactively.
When the immunogram is deciphered, it indicates: signs of a viral infection, bacterial infection, autoimmune process or deficiency of certain parts of the immune system. Based on these results, doctors prescribe additional tests and examinations to identify specific infections or viruses. That is, an immunogram helps determine which direction you need to move in order to detect a specific health problem.
- How many times must a person get sick with the same ARVI in a year in order to suspect that something is wrong with the immune system?
There is a clinical scale for assessing the state of immunity. The number of acute respiratory viral infections up to 6 times a year is considered relative norm, if more, this is already low activity of the immune system. We define immunodeficiency according to the international classification of diseases, but we try to use the term “immune dysfunction”. And the most objective criterion for its determination is an immunogram taken during a certain period of the disease and tied to general condition person. If there is a problem, the doctor evaluates what caused the decrease in immunity - viral infection or a chronic, indolent disease.
- People begin to suffer from a lack of vitamins in early spring.
It all starts not in the spring, but a little earlier. Starting from mid-February, many people may experience vitamin deficiency. Its signs: a feeling of unmotivated weakness, poor wound healing, elevated temperature. We begin to get sick more often and experience drowsiness. Certainly, best prevention such a state - vitamins. The most normal time for them is the end of summer, autumn, maybe the beginning of winter, when fruits and berries are still more or less fresh. And in winter you need to eat vegetables and fruits available at this time of year, as well as frozen berries. You can take any multivitamin preparations and take them. But vitamins must be taken correctly: before 16:00 in the afternoon, after meals, for a month. In addition, vitamins can provoke photodermatitis - sun allergy. Therefore, when taking them, you should not visit the solarium.
Multivitamins at the end of winter
- How effective are vitamin tablets? Why spend so much money on expensive fruits, vegetables and greens when you can buy a multivitamin complex?
If a person has persistent gastritis, colitis or inflammatory processes in the gastrointestinal tract, then it has little food products can absorb, so he is prescribed vitamins in the form pharmaceuticals. It is undesirable to take vitamins in the form of syrups, gels, pops, icicles and other nonsense, because the more food additives in such preparations, the greater the risk of developing an allergic reaction.
At the end of winter in berries, fruits and vegetables useful substances not enough, so it’s worth taking vitamin tablets. But at the end of summer and autumn, when fruits and berries are presented in all their glory, it is undesirable to take pharmaceutical vitamins for prevention. Except when they are prescribed as part of treatment: for example, for problems with neurology, it is recommended to take B vitamins.
Ginseng boosts immunity
- I often get colds - in autumn, spring, winter. At the same time, the food is complete, no bad habits, I take vitamins. Maybe it’s worth taking a course of treatment with immunomodulators?
It is not advisable to take immunomodulators without a doctor's prescription. But there are over-the-counter herbal preparations that increase the body's endurance - tincture of ginseng, lemongrass, hawthorn, eleutherococcus, echinacea, Rhodiola rosea, etc. They increase energy metabolism, a person becomes more active, and against this background the immune system works better. I can recommend taking them 5-10 drops 2 times a day, morning and afternoon, for a month at the end of winter - beginning of spring and at the end of autumn - beginning of winter. Other immune drugs The doctor selects it based on how the person is sick, how many times and with what.
- Many girls notice that about a week before " critical days“A runny nose appears, and thrush recurs. Is it true that at the end of the cycle women’s immunity decreases?
A woman's cycle has two phases. The first is the high activity of NK cells, that is, against the background of a certain estrogen content, the activity of the immune system increases. The second half of the cycle - their activity decreases, accordingly, exacerbations of all diseases are possible. At this time, diagnostics can be performed to find out what the problem is. To begin with, this is a consultation with a gynecologist and endocrinologist. Then, as prescribed by the doctor, take tests to determine the level of estrogen and progesterone. For thrush it is carried out preventive treatment. First of all, a diet is prescribed, sugar in any form, chocolate, blue cheese, kefir, yeast dough and white bread, that is, all foods that potentially contain yeast, sugar or ferment. As for herpes diseases, they can worsen 12-15 days before menstruation. We can treat them with antiherpetic immunoglobulin. The scheme is as follows: consultation with a gynecologist and endocrinologist, an immunogram, an appointment with an immunologist, and then treatment is prescribed.
BY THE WAY
Hair loss - there are problems with the gastrointestinal tract or hormones
- My hair splits and falls out, and my nails peel and break. What disease could this be a symptom of?
There are quite a lot of reasons that can lead to this. It is not possible to single out one main one. The first thing that can cause such symptoms is problems with gastrointestinal tract, namely stagnation of bile, poor patency of the biliary tract, low activity of the pancreas, etc. It is necessary to consult with a gastroenterologist, he should give recommendations on nutrition and intake choleretic drugs or any other medications.
In addition, such symptoms can be caused by hormonal changes, so you need a consultation with a gynecologist and endocrinologist, an examination prescribed by these doctors, and possible subsequent treatment.
In the third option, hair loss and brittle nails can be caused by a lack of vitamins and microelements. Then nutritional correction is carried out, vitamins, microelements and immunostimulants are prescribed.
- My mother went through menopause, and sometimes her heart began to ache. I heard that there are special vitamins for the heart and strengthening blood vessels. Tell me which ones exactly?
During such age-related changes As a rule, the walls of blood vessels weaken. A blood test is done, if there is an increased platelet count, then aspirin is prescribed ( acetylsalicylic acid). Can also be taken ascorbic acid, preparations containing rutin, ginkgo biloba, vitamin PP or B vitamins, they strengthen blood vessels. By the way, ginkgo biloba also normalizes blood circulation.
When concluding a lease agreement, landlords, as a rule, strive to provide for the possibility of changing the size rent, especially if the contract is long-term. This raises the question of how often the rent can be changed. The provision of paragraph 3 of Article 614 of the Civil Code, which regulates this issue, can be interpreted in different ways, as a result of which two points of view are encountered in law enforcement practice. Moreover, the Supreme Arbitration Court is inclined to favor one of them, which, however, does not prevent lower courts from applying a different point of view.
When concluding a lease agreement, landlords, as a rule, seek to provide for the possibility of changing the amount of rent, especially if the agreement is long-term. This raises the question of how often the rent can be changed. The provision of paragraph 3 of Article 614 of the Civil Code, which regulates this issue, can be interpreted in different ways, as a result of which two points of view are encountered in law enforcement practice. Moreover, the Supreme Arbitration Court is inclined to favor one of them, which, however, does not prevent lower courts from applying a different point of view.
How to understand the clause “unless otherwise provided by the contract”
In law enforcement practice, there are two points of view on what the clause “unless otherwise provided by the contract” refers to: only to the possibility of changing the rent by agreement of the parties or to the entire rule as a whole, including the frequency of rent changes. Supporters of the first point of view believe that the ban on changing the rent more than once a year is imperative. The clause “unless otherwise provided by the contract” means that the contract can establish a ban on reviewing the amount of rent during the entire lease term. When there is no such prohibition in the contract, revision is possible, but not more than once a year. If the agreement provides for the possibility of changing the rent more often, then this condition is contrary to the law. And supporters of the second point of view believe that all provisions of paragraph 3 of Article 614 of the Civil Code are optional. Therefore, the contract can provide for the possibility of changing the rent more than once a year. Courts have differing opinions on this matter.
Position of the Supreme Arbitration Court: promotion more than once a year is illegal
The point of view of the Presidium of the Supreme Arbitration Court of the Russian Federation on this issue was expressed in paragraph 11 of the information letter dated January 11, 2002 No. 66 “Review of the practice of resolving disputes related to rent.” In the case described in this paragraph, the agreement provided for a quarterly increase by the landlord in the amount of rent by indexing it to take into account inflation. The court of first instance recognized this condition as void due to the contradiction with paragraph 3 of Article 614 of the Civil Code of the Russian Federation. The cassation court overturned this decision, indicating that the rent was not set in a fixed amount, but was subject to calculation for each payment term. Quarterly indexation of rent is a method of calculating it that did not change during the year. The Supreme Arbitration Court agreed with this conclusion and emphasized that the terms of the contract, providing for a fixed amount of rent or the procedure (mechanism) for calculating it, must remain unchanged throughout the year. It should be noted that this paragraph of the letter dated January 11, 2002 No. 66 does not formulate a clear conclusion of the Presidium of the Supreme Arbitration Court of the Russian Federation that the term of the contract providing for a change in the fixed amount of the rent or the procedure for changing it during the year is void. Perhaps it is for this reason that lower courts often express a different point of view in their decisions and rulings.
Positions of lower courts
Some courts regard the prohibition on changing the rent more than once a year as mandatory and recognize the terms of the contract that provide for a different procedure as void, referring to paragraph 11 of letter No. 66 dated January 11, 2002.
Example from practice. A lease agreement for non-residential premises was concluded between the two companies. The rent is provided in a fixed amount, and it is established that after five months the rent amount will be increased (a new increased amount is indicated), and after three months it will be increased again by 50 percent. The tenant paid the rent at the original amount, ignoring the conditions for its increase. The landlord filed a lawsuit to collect the debt. The court declared the condition of the agreement to increase the rent void due to the contradiction with paragraph 3 of Article 614 of the Civil Code and dismissed the claim. Subsequent authorities supported this conclusion (resolution of the Federal Arbitration Court of the Central District dated August 28, 2009 in case No. A14−2547/2008/87−17). The Supreme Arbitration Court did not see any grounds in the case for re-evaluating the courts' conclusion and refused to transfer the case for supervisory review. At the same time, the definition expressly stated that the term of the contract providing for the possibility of changing the amount of rent more often than once a year is void as it does not comply with the requirements of the law ()
Other courts perceive the condition of paragraph 3 of Article 614 of the Civil Code on the frequency of changes in the amount of rent as a dispositive rule that allows the parties to the agreement to establish a lower frequency (decrees of the federal arbitration courts of the East Siberian District dated 05/08/08 No. A33−13139/07-Ф02−1784/ 08, Ural District dated September 18, 2002 in case No. F09−2232/02-GK, Thirteenth Arbitration court of appeal dated 05.21.08 in case No. A56−12364/2006). It is noteworthy that in some cases, even a reference to paragraph 11 of letter No. 66 dated January 11, 2002 does not help tenants convince the court of the nullity of the contractual provision to increase the rent more than once a year.
Example from practice. The lease agreement established two fixed rent amounts for different periods within the term of the contract: for the first month of rent - 64 thousand rubles, then - 69 thousand rubles monthly. At the same time, the right of the landlord to unilaterally change the amount of rent with notice to the tenant was also provided for. The court of first instance considered that the contract agreed on a condition to increase the rent more than once a year, which is contrary to the law. However, the cassation court did not agree with this conclusion. In her opinion, establishing in the contract the amount of rent in fixed amounts for two periods of use of the property cannot be considered a change in rent. Therefore, this condition is consistent with paragraph 11 of letter No. 66 dated January 11, 2002 (resolution of the Federal Arbitration Court of the North-Western District dated September 2, 2010 in case No. A13−16598/2009).
It is easy to notice that in the latest case the terms of the contract are very similar to those that were the subject of consideration in the previous case (determination of the Supreme Arbitration Court of the Russian Federation dated October 12, 2009 No. 13100/09). But in these two cases, the courts assessed similar conditions differently: in the first case - as a change in the rent, in the second - as the procedure for establishing it. But given that the second case was not appealed to the supervisory authority, it is safer to be guided by the position of the courts in the first case, since it was approved by the Supreme Arbitration Court.
How to legally set rent increases more than once a year
A hint on how to secure in the contract the landlord’s right to increase the rent more often than once a year and not break the law is in the same paragraph 11 of letter No. 66 dated January 11, 2002. For the purposes of this paragraph, a change in the amount of rent is considered a change in its size only in the case where the rent is established in the contract as a fixed amount. If the contract only stipulates the procedure (mechanism) for calculating rent ,). In practice, the amount of rent is most often tied to the base rate of rent for municipal property, approved by municipal authorities, as well as to the inflation rate. Moreover, the option when the contract specifies a fixed amount of rent and stipulates that it is subject to revision by the lessor if certain indicators change is also acceptable. The courts believe that in this case, the contract does not agree on a fixed amount of rent, but only the procedure for determining it (resolution of the Federal Arbitration Court of the East Siberian District dated June 22, 2010 No. A33−16268/2009).
QUESTION ON THE TOPIC
Is it possible to provide in the agreement that the established amount of rent is subject to revision if market rental prices change?
Yes, this is possible (resolution of the Federal Arbitration Court of the North Caucasus District dated March 13, 2007 in case No. F08−1052/2007). But in this case, changes in market prices will need to be confirmed by a report from an independent appraiser(
A lease agreement was concluded between our organization (tenant) and the company (lessor), which specified a fixed rental price. The agreement also provides a clause according to which the lessor has the right to change the rental price unilaterally, but by no more than 10% and no more often than once a year, by appropriately notifying the tenant. The contract was concluded in September 2014, we are offered to increase the rental price from May 1, 2015. That is, less than a year has passed since the signing of the contract. We believe that the price established at the conclusion of the contract should not change within a year from the moment of its conclusion; the lessor interprets this clause of the contract differently. Does the landlord increase the rental price in in this case?
The terms of the contract providing for a fixed amount of rent must remain unchanged throughout the year, while unilateral changes in rent can be made no more than once a year. It should be taken into account that if the rent is changed by agreement of the parties, then such a change can be made an unlimited number of times, including if less than a year has passed since the conclusion of the lease agreement.
Under the lease agreement, the lessor undertakes to provide the tenant with property for a fee for temporary possession and use or for temporary use (clause 1 of Article 606 of the Civil Code of the Russian Federation). At the same time, according to paragraph 1 of Art. 614 of the Civil Code of the Russian Federation, the tenant is obliged to promptly pay fees for the use of property (rent).
The rent is established in the form of fixed payments, made periodically or at a time. Unless otherwise provided by the contract, the amount of rent may be changed by agreement of the parties within the time limits provided for in the contract, but not more than once a year. The law may provide for other minimum terms for reviewing the amount of rent for individual species lease, as well as for the lease of certain types of property (subclause 1, clause 2, clause 3, article 614 of the Civil Code of the Russian Federation).
At the same time, civil legislation grants the parties to the contract the freedom to determine the terms of the contract at their own discretion, except in cases where the content of the relevant condition is prescribed by law or other legal acts(clause 4 of article 421, article 422 of the Civil Code of the Russian Federation). It is also allowed that the contract may provide for a unilateral change by a party, in particular the lessor, of the price of services provided (clause 1 of Article 424, clause 2 of Article 424 of the Civil Code of the Russian Federation).
Regarding the possibility of a unilateral change in the amount of rent, the Presidium of the Supreme Arbitration Court of the Russian Federation explained that when applying clause 3 of Art. 614 of the Civil Code of the Russian Federation, courts must proceed from the fact that during the year the condition of the contract must remain unchanged, providing for a fixed amount of rent or the procedure (mechanism) for its calculation (clause 11 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66 “Review of the practice of permitting rental disputes").
The position of the Supreme Arbitration Court of the Russian Federation regarding the unilateral change of rent was clarified in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 No. 73 (hereinafter referred to as the Plenum Resolution), which states that if, in accordance with the law or agreement, the lessor has the right to unilaterally change the amount of the rent fees (Article 310 of the Civil Code of the Russian Federation), then within the meaning of clause 3 of Art. 614 of the Civil Code of the Russian Federation, such a change can be made no more than once a year (clause 21 of the Plenum resolution).
Thus, in the case under consideration, since less than one year has passed since the conclusion of the contract, the lessor does not have the right to unilaterally change the amount of the rent.
It should also be taken into account that if in the absence government regulation rent, the lease agreement provides for the right of the lessor to unilaterally change its amount, then in cases where it is proven that as a result of such a unilateral change, it has increased disproportionately to the change in the average market rates paid for the rental of similar property in a given area for the corresponding period, and significantly exceeded them, which indicates the landlord’s abuse of his right, the court, on the basis of clause 2 of Art. 10 of the Civil Code of the Russian Federation refuses to collect rent to the extent that it exceeds the named average market rates (clause 22 of the Plenum resolution).
This limitation on the frequency of rent changes does not apply to cases where it is changed by agreement of the parties. Such an agreement can be concluded several times during one year of the lease agreement, including during the period when less than a year has passed since the conclusion of such an agreement.
In this regard, the Supreme Arbitration Court of the Russian Federation clarified that since the rule prohibiting the revision of rent more than once a year (clause 3 of Article 614 of the Civil Code of the Russian Federation) is dispositive, it allows for changes, by agreement of the parties, to the terms of the lease agreement on the amount of rent more than once a year. year, including in the case where there is no indication of the possibility of such a change in the lease agreement itself (clause 21 of the Plenum resolution).
Thus, paragraph 3 of Art. 614 of the Civil Code of the Russian Federation is mandatory only in relation to the right to change the rent unilaterally. If the rent change is made by agreement of the parties, then it can be made more than once a year.
Arbitration courts are of a similar opinion, in particular, the FAS of the Far Eastern District indicates that if an increase in rent is based on mutual agreement of the parties, such a change does not contradict (see Art.
