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Sunday, February 18, 2018

Ambulance will have the right to RAM


State Duma deputies intend to seek criminal penalties for a resident of Petropavlovsk-Kamchatsky does not give way to the ambulance, with the result that doctors do not have time to save the patient from death. If the elected officials realize that the reason for this modern Russian legislation gives a little. It has gaps and on the right side of the ambulance.

The incident occurred on Tuesday evening in Petropavlovsk-Kamchatsky, caused a great resonance in Russian society. Concerned citizens began to collect signatures under the petition, which is scheduled to transmit in the UK and the state office of public Prosecutor, demanding to bring the driver of a foreign car, blocking the road to the ambulance, to criminal liability. As of 15.00 Moscow time, the appeal was signed by about 30 thousand people.

“If the examination shows that even if doctors were in the apartment at the time, the patient would be dead, no criminal liability can be no question”

At the same time in a social network “Vkontakte” group was created “Juliana Roman Lobanov Lobanov Kamchatka Autogamy”, making public the names of the people sitting in the car. According to the community, driving the car was Juliana Lobanov, inspector personnel OOO “Korakesion”, a member of the precinct election Commission one of the city’s polling stations with the right to vote. The passenger entered into an aggressive argument with the driver of the ambulance, called the wife of the women of the Novel Lobanov, the Director of one of travel agencies of the city.

To punish on all severity

In fact, provoked by these people, the situation, which culminated in the death of 21-year-old Gregory Achary not wait for the arrival of the doctors has generated a huge response and became a subject of discussion not only in social networks and media, but also, as previously wrote the newspaper VIEW, in the lower house of the Russian Parliament. Its position on the issue, as reported by RIA “Novosti”, stated the press Secretary of the President of Russia Dmitry Peskov:

“We can only associate itself definitely with the condemnation of such actions, solidarity with those who are outraged by nepropusk ambulance. Of course, this is completely unacceptable. In any case, such behavior of the driver of the car, which missed the ambulance must obtain the appropriate legal assessment”.

At the same time, as reported by the newspaper LOOK first Deputy Chairman of the Duma Committee on health protection Natalia Sanina, after a corresponding request made by the deputies to the Prosecutor General and the UK, the MPs “to see how to react” these agencies:

“The culprits should not do, based on today’s legal realities, only one penalty, – convinced the MP and part-time chief physician of the Moscow region. – They do not just give way to ambulance, they had an obstruction of medical assistance – there is a similar provision in the criminal code, and it is a criminal offense.”

Overall, according to Natalia Sanina, responsibility for such violations should be strengthened, and efforts at the legislative level is already underway:

Juliana Lobanov (photo: my.mail.ru/mail/ulovaa)

“It is necessary that these rules apply to all cases of prevention health care workers to patients, and not only on emergency, as it was in Petropavlovsk-Kamchatsky. Even if the person is not in a pre-stroke condition, and, for example, the flu, not to create obstacles for physicians wishing to inspect it. Situation dangerous to life may develop in a matter of minutes, and predict that nobody can. Firefighters, for example, have the right to RAM the barriers to urgently get to the scene of the fire, the same right needs to give soon, in other cases the patient can be brought back to life using the defibrillator, but five minutes to do this will be later.”

The MP also expressed confidence that in Petropavlovsk-Kamchatsky, the ambulance crew behaved correctly, not trying to go round them prevented the car to reach the location on foot because in an emergency it could be necessary to use special equipment, as well as spermatoza transportation of patients.

A similar view in conversation with the newspaper OPINION was expressed by lawyer, human rights activist, lawyer of the human rights centre “ROD” Matthew Zeng:

“I think the ambulance crew in Petropavlovsk-Kamchatsky acted adequately to the situation, under existing regulations, which, of course, nowhere was formulated. If they departed from them, then any initiative, by contrast, would turn back against them. For example, the driver decides to move off to the side and gets stuck there. Who is to blame? It turns out that he is. Or the doctors decided to go on foot and got lost, wandered for a long time, came in the wrong entrance, and when arrived, it was too late. Who will blame – them? Or perhaps they’re not late, just on time and was at, picking up all necessary, but some means forgotten, and it and no other would be able to save the patient’s life. And then it would be public outrage was aimed not at those who blocked their way, and to them, the doctors say, what are they going on foot when he was supposed to demand that the driver of the car missed them?”

According to the lawyer, in this situation it is the driver of the car had to pass the ambulance crew:

“It is no coincidence that prescribed in the existing legislation, but the driver did not, which resulted in grave consequences. However, to say that she was guilty can be, if only it will make a direct connection between its actions and the death of the young man, while no one knows what happened to the deceased and when he died”.

The law does not

In turn in conversation with the newspaper LOOK member of the Moscow city bar Association “guarantor of justice” Vladimir Semchuk has suggested that the couple Lobanov still be able to evade responsibility:

“In my opinion, it is unlikely that motorists who block the road ambulance to Petropavlovsk-Kamchatsky, will fall under the Criminal code because it has no corresponding article. Well, how else can you characterize their actions? High as disorderly conduct. Again, it is to prove that these people had criminal intent. Yes, the bus driver warned them that he was going to the patient, Yes, ambulance were included spetssignalami. But you need anyway to understand the motives. I’m just a lawyer, and can’t be guided by emotions and take sides. Maybe the woman driver was in stress and couldn’t move the car. It happens. Perhaps she and her companion were drunk and were not allowed to move. It could be that she only recently acquired the rights trite and frightened, caught in an extraordinary situation.”

Also, the lawyer spoke out against the tightening of responsibility for the prevention of non-lethal weapons, believing that the norms of the current Administrative code is enough:

“In fact, in life there are different situations, and no one can guarantee that at some point each of us will not be able to react correctly – said Semchuk. – Half the country to jail. In my opinion, the current Administrative code includes all penalties, including a lifetime driving ban, it should be followed”.

If the examination shows

A colleague didn’t agree Matthew Zeng, who admitted that at certain coincidence of circumstances Ulyana Lobanova can still be punished on criminal charges:

“As a citizen, on the basis of the analysis of the situation, I am extremely negative attitude to the driver of the car, but as a lawyer I understand that criminal law is not a universal stick that you can beat anybody, there is a clearly identifiable offences, which do not vary depending on the degree of public indignation. Judicial practice is that between human actions and the result of his actions must be proven by a direct connection. If we can prove that if the crew managed to arrive on time, people would have been saved is one thing. So you will need to establish the cause of death and time of death with accuracy to the minute. If the examination shows that even if doctors were in the apartment at the time, the patient would be dead, no criminal liability can be no question. Prove the contrary – it is quite another thing, then you can prosecute. Laws need to change, the state Duma, but so far they are what is, they need to do.”

In turn, Natalia Sanina confirmed a clear intention of the legislature to amend existing laws to protect health care workers and their patients from the recurrence of incidents similar to what happened in Petropavlovsk-Kamchatsky:

“We will finalize the legislation and are already engaged in this. The incident once again demonstrated how seriously is the issue of protecting health workers, especially the ambulance. If I hit the doctor, insulted – this is very serious. At least then he can physically or mentally be unable to provide full care to patients. We still have no law on the protection of the doctor. And no need to equate health care workers to police, this is a special category that should be legally confirmed”.

source

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