What to do with ambulance attendants? reduce? (MZRF order 388n cancels order 100) and got the best answer

Answer from Lyudmila Kuznetsova[guru]
Have you carefully read this order, which comes into force on January 01, 2014? So, paragraphs 37 and 38 of Appendix N 4 to the Procedure for the provision of an ambulance, including a specialized ambulance,
medical care, approved by order of the Ministry of Health Russian Federation dated June 20, 2013 N 388n
both Sanitar and Sanitary-driver are provided.
Source: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=151082
Ludmila Kuznetsova
Higher intelligence
(158995)
No, I didn’t read this, that the nurse’s rate is calculated according to the area of ​​​​the premises. But you are right that there is no net orderly rate in paragraph 9 of Appendix 2. This is where the contradictions with paragraphs 37 and 38 of Appendix 4 come in. So we must hope that some explanatory documents should come from the health department of your constituent entity of the Russian Federation. They will not leave without attention. I think that there would already be recommendations, because. employees must be notified 2 months in advance. Although ... It often happens that they warn "yesterday" ...

Answer from 3 answers[guru]

Hello! Here is a selection of topics with answers to your question: What to do with the ambulance attendants? reduce? (MZRF order 388n cancels order 100)

In accordance with part 2 of Article 37 federal law dated November 21, 2011 N 323-FZ "On the protection of the health of citizens in the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 48, art. 6724; 2012, N 26, art. 3442, 3446) I order:

1. Approve the attached Procedure for the provision of emergency, including emergency specialized, medical care.

2. Recognize as invalid:

• order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179 "On approval of the Procedure for the provision of emergency medical care" (registered by the Ministry of Justice of the Russian Federation on November 23, 2004, registration N 6136);
• order of the Ministry of Health and Social Development of the Russian Federation of August 2, 2010 N 586n "On Amendments to the Procedure for Providing Emergency Medical Care, approved by Order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179" (registered by the Ministry of Justice of the Russian Federation on August 30, 2010, registration N 18289);
• order of the Ministry of Health and Social Development of the Russian Federation of March 15, 2011 N 202n "On Amendments to Appendix No. 3 to the Procedure for Providing Emergency Medical Care, approved by Order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179" ( registered by the Ministry of Justice of the Russian Federation on April 4, 2011, registration N 20390);
• order of the Ministry of Health and Social Development of the Russian Federation of January 30, 2012 N 65n "On Amendments to the Procedure for Providing Emergency Medical Care, approved by Order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179" (registered by the Ministry of Justice of the Russian Federation March 14, 2012, registration N 23472).

ConsultantPlus: note.
The beginning of the document is 01/01/2014.

Document's name
Order of the Ministry of Health of Russia dated June 20, 2013 N 388n
"On approval of the order of medical care"
(Registered in the Ministry of Justice of Russia on August 16, 2013 N 29422)

MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION

ON THE APPROVAL OF THE ORDER
RENDERING AMBULANCE, INCLUDING AMBULANCE SPECIALIZED,
MEDICAL CARE

In accordance with Part 2 of Article 37 of the Federal Law of November 21, 2011 N 323-FZ "On the Protection of the Health of Citizens in the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, N 48, Art. 6724; 2012, N 26, Art. 3442, 3446) I order:

1. Approve the attached Procedure for the provision of emergency, including emergency specialized, medical care.
2. Recognize invalid:
order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179 "On approval of the Procedure for the provision of emergency medical care" (registered by the Ministry of Justice of the Russian Federation on November 23, 2004, registration N 6136);
order of the Ministry of Health and Social Development of the Russian Federation of August 2, 2010 N 586n "On Amendments to the Procedure for Providing Emergency Medical Care, approved by Order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179" (registered by the Ministry of Justice of the Russian Federation on August 30, 2010, registration N 18289);
order of the Ministry of Health and Social Development of the Russian Federation of March 15, 2011 N 202n "On Amendments to Appendix No. 3 to the Procedure for Providing Emergency Medical Care, approved by Order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179" ( registered by the Ministry of Justice of the Russian Federation on April 4, 2011, registration N 20390);
order of the Ministry of Health and Social Development of the Russian Federation of January 30, 2012 N 65n "On Amendments to the Procedure for Providing Emergency Medical Care, approved by Order of the Ministry of Health and Social Development of the Russian Federation of November 1, 2004 N 179" (registered by the Ministry of Justice of the Russian Federation March 14, 2012, registration N 23472).
3. This order comes into force on January 1, 2014.

Minister
V.I.SKVORTSOVA

Approved
order of the Ministry of Health
Russian Federation
dated June 20, 2013 N 388n

ORDER
RENDERING AMBULANCE, INCLUDING AMBULANCE SPECIALIZED,
MEDICAL CARE

1. This Procedure establishes the rules for the provision of emergency, including emergency specialized, medical care on the territory of the Russian Federation.
2. Ambulance, including specialized ambulance, medical care is provided in case of diseases, accidents, injuries, poisoning and other conditions requiring urgent medical intervention.
3 . Emergency, including emergency specialized, medical care is provided on the basis of standards of medical care.
4. Ambulance, including emergency specialized, medical care is provided under the following conditions:

a) outside a medical organization - at the place where an ambulance brigade is called, including specialized ambulance, medical care, as well as in a vehicle during medical evacuation;
b) on an outpatient basis (in conditions that do not provide for round-the-clock medical supervision and treatment);
c) stationary (under conditions that provide round-the-clock medical supervision and treatment).

5. Ambulance, including emergency specialized, medical care is provided in the following forms:

a) emergency - in case of sudden acute diseases, conditions, exacerbation of chronic diseases that pose a threat to the patient's life;
b) urgent - in case of sudden acute diseases, conditions, exacerbation of chronic diseases without obvious signs of a threat to the patient's life.

6. Ambulance, including specialized ambulance, medical care outside a medical organization is provided by medical workers of mobile ambulance teams.
7. Mobile ambulance teams are sent to the call by a paramedic to receive ambulance calls and transfer them to mobile ambulance teams or a nurse to receive ambulance calls and transfer them to mobile ambulance teams, taking into account the profile of the mobile ambulance team and form providing medical care.
8. Ambulance, including emergency specialized, medical care in outpatient and inpatient settings is provided by medical workers of medical organizations providing medical care in outpatient and inpatient settings.
9 . An ambulance call is carried out:

a) by phone by dialing numbers "03", "103", "112" and (or) telephone numbers of a medical organization providing emergency medical care;
b) using short text messages (SMS);
c) upon direct contact with a medical organization providing emergency medical care.

10. In the event of a call for an ambulance in an emergency form, the nearest free general field mobile ambulance team or a specialized mobile ambulance team is sent to the call.
11. The reasons for calling an ambulance in an emergency form are:

a) violations of consciousness that pose a threat to life;
b) respiratory disorders that pose a threat to life;
c) disorders of the circulatory system that pose a threat to life;
d) mental disorders accompanied by the patient's actions that pose an immediate danger to him or other persons;
e) sudden pain syndrome posing a threat to life;
f) sudden violations of the function of any organ or system of organs that pose a threat to life;
g) injuries of any etiology that pose a threat to life;
h) thermal and chemical burns that pose a threat to life;
i) sudden bleeding that poses a threat to life;
j) childbirth, threatened miscarriage;
k) duty in the event of a threat of an emergency, provision of emergency medical care and medical evacuation in the event of the elimination of the medical and sanitary consequences of an emergency.

12. In the event of a call for an ambulance in an emergency form, the nearest free general field mobile ambulance team is sent to the call in the absence of calls for an ambulance in an emergency form.
13. The reasons for calling an ambulance in an emergency are:

a) sudden acute diseases (conditions) without obvious signs of a threat to life, requiring urgent medical intervention;
b) sudden exacerbations of chronic diseases without obvious signs of a threat to life, requiring urgent medical intervention;
c) statement of death (with the exception of the opening hours of medical organizations providing medical care on an outpatient basis).

14. When providing emergency, including emergency specialized, medical care, if necessary, medical evacuation is carried out.
15. Ambulance, including specialized ambulance, medical care in stationary conditions is provided by medical workers of the inpatient emergency department.
16. Upon admission of a patient to a medical organization for the provision of emergency medical care in a hospital in the inpatient emergency department, the diagnosis is clarified, diagnostics, dynamic monitoring and treatment and diagnostic measures are carried out on the beds of emergency medical care for a daily stay and, if there are medical indications, short-term treatment lasting no more than three days in short-stay ambulance beds.
17 . If there are medical indications, patients are referred from the inpatient emergency department to the specialized departments of the medical organization, which includes the inpatient emergency department, or to other medical organizations to provide specialized, including high-tech, medical care.
18. In remote or hard-to-reach settlements (sections of settlements), along highways for the provision of emergency, including emergency specialized, medical care, branches (posts, route points) of emergency medical care, which are structural divisions of a medical organization that provides emergency medical care outside a medical organization, can be organized.
19. Ambulance, including emergency specialized, medical care is provided in accordance with annexes N 1 - 15 to this Procedure.

Appendix No. 1
to the Procedure for rendering
ambulance, including
emergency specialized
medical care,
approved by order
Ministry of Health
Russian Federation
dated June 20, 2013 N 388n

RULES
MEDICAL EVACUATION DURING EMERGENCY
MEDICAL CARE

1. These Rules determine the procedure for medical evacuation when providing emergency medical care (hereinafter referred to as medical evacuation).
2 . The effect of these Rules does not apply to relations for the implementation of medical evacuation by federal state institutions.
3. Medical evacuation includes:

a) air ambulance evacuation carried out by air transport;
b) sanitary evacuation carried out by land, water and other modes of transport.

4. Medical evacuation is carried out by mobile ambulance teams.
5. Medical evacuation can be carried out from the scene of an accident or the location of a patient (outside a medical organization), as well as from a medical organization that does not have the ability to provide the necessary medical care in life-threatening conditions, women during pregnancy, childbirth, the postpartum period and newborns, persons victims of emergencies and natural disasters (hereinafter referred to as a medical organization in which there is no possibility of providing the necessary medical care).
6. The choice of a medical organization for the delivery of a patient during medical evacuation is made based on the severity of the patient's condition, the minimum transport accessibility to the location of the medical organization and the profile of the medical organization where the patient will be delivered.
7. The decision on the need for medical evacuation is made by:

a) from the scene of the incident or the location of the patient (outside the medical organization) - a medical worker of the mobile ambulance team appointed as the head of the specified team;
b) from a medical organization in which there is no possibility of providing the necessary medical care - the head (deputy head for medical work) or the doctor on duty (with the exception of the working hours of the head (deputy head for medical work)) of a medical organization in which there is no possibility of providing the necessary medical assistance, upon presentation by the attending physician and the head of the department or the responsible medical worker of the shift (with the exception of the working hours of the attending physician and the head of the department).

8 . The preparation of a patient who is being treated in a medical organization in which there is no possibility of providing the necessary medical care for medical evacuation is carried out by medical workers of the indicated medical organization and includes all necessary measures to ensure the stable condition of the patient during medical evacuation in accordance with the profile and severity of the disease ( condition), estimated duration of medical evacuation.
During the implementation of medical evacuation, medical workers of the mobile ambulance team monitor the state of the patient's body functions and provide him with the necessary medical care.
9. Upon completion of the medical evacuation, the medical worker of the mobile ambulance team, appointed as the head of the specified team, transfers the patient and the relevant medical documentation to the doctor of the admission department of the medical organization and informs the paramedic on receiving ambulance calls and transferring them to mobile ambulance teams or the nurse at the reception calls for an ambulance and their transfer to mobile ambulance teams on the completion of the medical evacuation of the patient, indicating the last name, first name and patronymic of the doctor in the admission department of the medical organization.
10. Medical evacuation in case of road traffic accidents is carried out to medical organizations that provide medical care to victims with combined, multiple and isolated injuries accompanied by shock.
11. Sanitary aviation evacuation is carried out in the following cases:

a) the severity of the patient's condition, requiring his prompt delivery to a medical organization, if it is technically possible to use air transport and it is impossible to provide sanitary evacuation at the optimum time by other modes of transport;
b) the presence of contraindications to the medical evacuation of the victim by ground transport;
c) the remoteness of the scene of the incident from the nearest medical organization at a distance that does not allow the patient to be delivered to a medical organization as soon as possible;
d) climatic and geographical features the scene of the incident and the lack of transport accessibility;
e) the scale of the incident, which does not allow mobile ambulance teams to carry out medical evacuation by other modes of transport.

Appendix No. 2
to the Procedure for rendering
ambulance, including
emergency specialized
medical care,
approved by order
Ministry of Health
Russian Federation
dated June 20, 2013 N 388n

RULES
ORGANIZATION OF THE ACTIVITIES OF THE AMBULANCE TEAM
MEDICAL CARE

1. These Rules determine the procedure for organizing the activities of a mobile ambulance team.
2 . The main purpose of the mobile ambulance team is to provide emergency medical care, including at the site of an ambulance call during medical evacuation.
3 . Mobile ambulance teams according to their profile are divided into general, specialized, emergency advisory, obstetric, aeromedical.
4. Mobile ambulance teams are divided into medical and feldsher teams.
5 . Specialized mobile ambulance teams are divided into anesthesiology-resuscitation teams, pediatric, pediatric anesthesiology-resuscitation, psychiatric, obstetric-gynecological.
6. The composition of mobile ambulance teams includes medical workers of medical organizations providing emergency medical care.
7. Mobile ambulance teams are created taking into account the need to provide round-the-clock shift work, the population, the average radius of the service area, the average load per ambulance team per day, the load factor of ambulance teams.
8. A paramedic general mobile ambulance team includes either one ambulance paramedic and one ambulance driver, or two ambulance paramedics and one ambulance driver, or two ambulance paramedics and one driver, or two paramedic drivers ambulance (using an "A" or "B" class ambulance).
9. A medical general mobile ambulance team includes either one ambulance doctor and one ambulance driver, or one ambulance doctor, one ambulance paramedic and one driver, or one ambulance doctor, one paramedic ambulance and one driver (using a "B" class ambulance).
10. A specialized mobile ambulance team of anesthesiology and resuscitation, a pediatric specialized mobile ambulance team of anesthesiology and resuscitation include either one emergency doctor (a specialist doctor in the specialty corresponding to the profile of the mobile ambulance team), two specialists with an average medical education(ambulance paramedic or anesthetist nurse) and one driver-orderly or one ambulance doctor (specialist doctor in the specialty corresponding to the profile of the mobile ambulance team), two specialists with a secondary medical education (ambulance paramedic or a nurse anesthetist) and one driver, or one ambulance doctor (specialist in a specialty corresponding to the profile of an ambulance team), one specialist with a secondary medical education (ambulance paramedic or anesthetist nurse) and one paramedic-ambulance driver (using a class "C" ambulance of the appropriate profile).
11. Psychiatric specialized mobile ambulance team, pediatric specialized mobile ambulance team, obstetric and gynecological specialized mobile ambulance team include either one emergency doctor (specialist doctor in the specialty corresponding to the profile of the mobile ambulance team), two paramedics ambulance and one ambulance driver, or one ambulance doctor (specialist doctor in the specialty corresponding to the profile of the mobile ambulance team), two ambulance paramedics and one driver, or one ambulance doctor (specialist doctor in the specialty corresponding to the profile of the mobile ambulance team), one ambulance paramedic and one ambulance driver (using an ambulance car class "C" of the corresponding profile).
12. An obstetric mobile ambulance team includes either one obstetrician and one orderly-driver, or one obstetrician and one driver (using an ambulance of a class "A" or "B").
13. A mobile emergency advisory ambulance team includes either a specialist doctor (consultant) of the emergency advisory ambulance department of a medical organization, two specialists with a secondary medical education (ambulance paramedic or anesthetist nurse) and one orderly-driver, or a doctor- a specialist (consultant) of the emergency advisory ambulance department of a medical organization, two specialists with a secondary medical education (ambulance paramedic or anesthetist nurse) and one driver, or a specialist doctor (consultant) of the emergency advisory ambulance department of a medical organization, one specialist with a secondary medical education (ambulance paramedic or nurse anesthetist) and one ambulance driver (using an ambulance car class "C" of the appropriate profile).
14 . An aeromedical mobile ambulance team includes at least one ambulance doctor or an anesthesiologist-resuscitator and at least one specialist with a secondary medical education (ambulance paramedic or anesthetist nurse).
15 . The mobile ambulance team is operationally subordinate to the senior doctor (senior paramedic) of the operational department of the medical organization providing emergency medical care, the senior shift of the medical organization providing emergency medical care, the paramedic for receiving ambulance calls and transferring them to mobile ambulance teams (to a nurse for receiving ambulance calls and transferring them to mobile ambulance teams).
16 . The mobile ambulance team performs the following functions:

a) carries out an immediate departure (entry on a flight, departure) to the place where an ambulance is called;
b) provides emergency medical care based on the standards of medical care, including the establishment of the leading syndrome and preliminary diagnosis of the disease (condition), the implementation of measures that contribute to the stabilization or improvement of the patient's condition;
c) determines the medical organization for the provision of medical care to the patient;
d) carries out medical evacuation of the patient in the presence of medical indications;
e) immediately transfers the patient and the relevant medical documentation to the doctor of the admission department of the medical organization with a note in the emergency call card of the time and date of admission, the name and signature of the recipient;
f) immediately informs the paramedic for receiving ambulance calls and transferring them to ambulance teams (a nurse for receiving ambulance calls and transferring them to ambulance teams) about the completion of the call and its result;
g) ensure the sorting of patients (injured) and establish the sequence of medical care in case of mass diseases, injuries or other conditions.

17 . A mobile ambulance team calls a specialized mobile ambulance team (if available in the service area) in cases where the patient's condition requires the use of special methods and complex medical technologies, performing the maximum possible amount of medical care on the spot before its arrival with its own forces and means .

Appendix No. 3
to the Procedure for rendering
ambulance, including
emergency specialized
medical care,
approved by order
Ministry of Health
Russian Federation
dated June 20, 2013 N 388n

RULES
ORGANIZATION OF THE ACTIVITY OF THE AMBULANCE STATION,
EMERGENCY DEPARTMENTS OF THE POLYCLINIC (HOSPITALS,
EMERGENCY HOSPITALS)

1 . These Rules determine the procedure for organizing the activities of an ambulance station, an ambulance department of a polyclinic (hospitals, emergency hospitals).
2 . Ambulance stations, emergency departments of polyclinics (hospitals, emergency hospitals) are created to provide emergency medical care to adults and children outside the medical organization around the clock.
3. An ambulance station is an independent medical organization or a structural subdivision of a medical organization providing emergency medical care. The emergency department is a structural subdivision of a medical organization providing emergency medical care.
4. The location and service area of ​​an ambulance station, an ambulance department of a polyclinic (hospitals, emergency hospitals) are established taking into account the size and density of the population, building features, the state of highways, traffic intensity, length locality, taking into account the 20-minute transport accessibility.
5. A specialist who meets the requirements of the Qualification requirements for specialists with higher and postgraduate medical and pharmaceutical education in the field of healthcare, approved by order of the Ministry of Health and Social Development of the Russian Federation dated July 7, 2009 N 415n (registered Ministry of Justice of the Russian Federation on July 9, 2009, registration N 14292), as amended by order of the Ministry of Health and Social Development of the Russian Federation of December 26, 2011 N 1644n (registered by the Ministry of Justice of the Russian Federation on April 18, 2012, registration N 23879 ), majoring in health care organization and public health.
6. A specialist who meets the requirements of the Qualification Requirements for Specialists with Higher and Postgraduate Medical and Pharmaceutical Education in Healthcare, approved by order of the Ministry of Health and Social Development of the Russian Federation dated July 7, 2009 N 415n, specializing in emergency medical care.
7 . The structure and staffing of an ambulance station, an ambulance department of a polyclinic (hospitals, emergency hospitals) are established by the chief physician (head of a medical organization) based on the volume of medical care provided, the number of people served and taking into account the recommended staffing standards provided for in Appendix N 4 to the Procedure for the provision of emergency, including emergency specialized, medical care, approved by this order.
8. The main functions of the ambulance station, emergency department of a polyclinic (hospital, emergency hospital) are:

a) organization and provision of emergency medical care to adults and children outside the medical organization around the clock;
b) medical evacuation;
c) ensuring continuity with medical organizations in the provision of emergency medical care;
d) interaction with emergency operational services, including the fire service, the emergency response service, the police, the gas network emergency service, the Antiterror service;
e) staffing mobile ambulance teams with medical workers;
f) control and accounting of the work of ambulances;
g) development and improvement of organizational forms and methods of providing emergency medical care to the population, introduction of modern methods of diagnosis and treatment, best practices and scientific organization of labor;
h) other functions in accordance with the legislation of the Russian Federation.

9. The equipment of an ambulance station, an ambulance department of a polyclinic (hospitals, emergency hospitals) is carried out in accordance with the equipment standard provided for in Appendix No. 5 to the Procedure for the provision of ambulance, including emergency specialized, medical care, approved by this order.
10. In the structure of an ambulance station, an emergency department of a polyclinic (hospitals, emergency hospitals), it is recommended to provide for:

a) operations department
b) communications department (radio post);
c) unit for ensuring the transportation of infectious patients;
d) self-supporting department;
e) pharmacy (pharmacy warehouse);
f) remote advisory post (center);
g) transport division;
h) department of informatization and computer technology (in ambulance stations, ambulance departments of polyclinics (hospitals, emergency hospitals) provided with an automated registration and call processing system with software);
i) organizational and methodological department of emergency medical care;
j) line control department (line control service);
k) department (office) of statistics with an archive;
l) department of hospitalization;
m) ambulance substations;
o) branches (posts, route points) of emergency medical care;
n) an office for preparing for the work of medical packing.

11. In an ambulance station, an emergency department of a polyclinic (hospitals, emergency hospitals), it is recommended to provide:

a) the premises of the operational department;
b) premises of the communications department (radio post);
c) the premises of the unit for ensuring the transportation of infectious patients;
d) the premises of the self-supporting department;
e) premises of a pharmacy (pharmacy warehouse);
f) premises of a remote advisory post (center);
g) the premises of the transport unit;
h) the premises of the department of informatization and computer technology;
i) the premises of the organizational and methodological department of emergency medical care;
j) premises of the line control department (line control service);
k) the premises of the department (office) of statistics with an archive;
l) the premises of the hospitalization department;
m) premises of the ambulance substation;
n) premises of branches (posts, route points) of emergency medical care;
o) a room for a preparation room for medical packing;
p) an office for receiving outpatients;
c) a room for storing medical equipment for mobile ambulance teams;
r) stock storage room medicines And medical devices, including narcotic, psychotropic, potent and poisonous drugs;
s) an office (room) for filling out documents;
f) rest rooms for medical workers and ambulance drivers;
u) a room for eating by medical workers on duty;
v) training class(es) (if the number of mobile ambulance teams is 5 or more);
h) a room for psychological relief (if the number of mobile ambulance teams is 5 or more);
x) administrative and utility rooms (premises for collecting medical waste, for storage of cylinders with gases);
y) a room for an autonomous power supply;
e) the office of the senior driver, a heated garage, covered parking-boxes, a fenced area with a hard surface for parking ambulances;
z) sanitary facilities for medical workers, including shower rooms.

12 . Ambulance station, polyclinic emergency department (hospitals, emergency hospitals) can be used as a clinical base educational institutions secondary, higher and additional vocational education, as well as scientific organizations providing medical care.

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The submitted documents are included in ConsultantPlus Systems

With changes and additions from: April 4, 2016,
December 30, 2017, March 11, 2019

In order to implement the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (Collected Legislation of the Russian Federation, 2008, N 52 (part I), art. 6228; 2011, N 29, art. 4291; N 48, article 6730; 2012, No. 50 (part IV), article 6954; No. 53 (part I), article 7605; 2013, No. 19, article 2329; No. 40 (part III), art. 5031; No. 52 (part I), art. 6961; 2014, No. 52 (part I), art. 7542; 2015, No. 41 (part II), art. 5639; No. 45, art. 6204; No. 48 (part I), art. 6720; 2016, No. 7, art. 912; No. 27 (part I), art. 4169; 2017, No. 1 (part I), art. 46; No. 15 ( Part I), Article 2139; N 27, Article 3929; 2018, N 1 (Part I), Article 7; N 24, Article 3400; N 32 (Part I), Article 5100; N 45, art. 6837), Federal Law of December 3, 2012 N 230-FZ "On control over the compliance of expenses of persons holding public office and other persons with their income" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2012, N 50 (p. IV), Article 6953; 2014, N 52 (Part I), Article 7542; 2015, N 45, Article 6204; 2018, N 24, Article 3400; N 32 (Part I), Article 5100 ), Decrees of the President of the Russian Federation of September 21, 2009 N 1065 "On verification of the accuracy and completeness of information submitted by citizens applying for federal positions public service, and federal civil servants, and compliance by federal civil servants with the requirements for official conduct" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, N 39, Art. 4588; 2010, N 3, Art. 274; N 27, Art. 3446; N 30, 4070; 2012, N 12, item 1391; 2013, N 14, item 1670; N 49 (part VII), item 6399; 2014, N 15, item 1729; 2014, N 26 (part II), article 3518; 2015, N 10, article 1506; 2015, N 29 (part II), article 4477; 2017, N 39, article 5682; 2018, N 33, article 5402), from July 1, 2010 N 821 "On commissions for compliance with the requirements for the official conduct of federal civil servants and the settlement of conflicts of interest" (Collected Legislation of the Russian Federation, 2010, N 27, art. 3446; 2012, N 12, art. 1391; 2013, No. 14, article 1670; No. 49 (part VII), article 6399; 2014, No. 26 (part II), article 3518; 2015, No. 10, article 1506; No. 52 (part I), 7588; 2017, N 39, art. 5682), dated July 21, 2010 N 925 "On measures to implement certain provisions of the Federal Law "On Combating Corruption" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, N 30, Art. 4070), dated April 2, 2013 N 309 "On measures to implement certain provisions of the Federal Law" On Combating Corruption "(Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2013, N 14, art. 1670; N 23, art. 2892; N 28, 3813; No. 49 (part VII), art. 6399; 2014, No. 26 (part II), art. 3520; No. 30 (part II), art. 4286; 2015, No. 10, art. 1506 ; 2016, N 24, item 3506; 2017, N 9, item 1339; N 39, item 5682; N 42, item 6137; 2018, N 45, item 6916) and dated April 2, 2013 N 310 "On Measures to Implement Certain Provisions of the Federal Law "On Controlling the Correspondence of the Expenditures of Persons Holding State Positions and Other Persons with Their Income" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2013, No. 14, Art. 1671; No. 28, Art. 3813; No. 49 (part VII), art. 6399; 2014, No. 26 (part II), art. 3520), I order:

1. Approve the attached Regulations on the commissions of organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, to comply with the requirements for official conduct of employees and the settlement of conflicts of interest.

2. The Deputy Ministers of Defense of the Russian Federation, the commanders-in-chief of the branches of the Armed Forces of the Russian Federation, the commanders of the troops of military districts, the commanders of the branches of the Armed Forces of the Russian Federation, the heads of the central bodies of military control, ensure in subordinate organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, organizing the activities of commissions to comply with the requirements for official behavior of employees and the settlement of conflicts of interest.

3. To impose control over the implementation of this order on the Secretary of State - Deputy Minister of Defense of the Russian Federation.

Minister of Defense
Russian Federation
army General

Registration N 33960

Position
on the commissions of organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, to comply with the requirements for the official conduct of employees and the settlement of conflicts of interest

1. Commissions of organizations established to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation (hereinafter referred to as the organization), on compliance with the requirements for official conduct of employees and settlement of conflicts of interest (hereinafter referred to as the commission), are created and carry out their activities in accordance with these Regulations.

2. The Commission in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, regulatory legal acts of the Ministry of Defense of the Russian Federation.

3. The main tasks of the commission are to assist the organization:

in ensuring that employees of the organization comply with restrictions and prohibitions, requirements for preventing or resolving conflicts of interest, as well as fulfilling their obligations established by Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption", other federal laws official conduct and (or) requirements for the settlement of conflicts of interest);

in the implementation of measures to prevent corruption.

4. The commission consists of the deputy head of the organization (chairman of the commission), an official responsible for the work of personnel and administrative support, responsible for the work on the prevention of corruption and other offenses (secretary of the commission), employees of structural divisions of legal and personnel support, other structural divisions , determined by the head of the organization, representatives of territorial scientific organizations and educational institutions of secondary, higher and additional professional education, whose activities, among other things, are related to this organization (members of the commission). If there are no territorial scientific organizations and educational institutions of secondary, higher and additional professional education at the location of the organization, whose activities, among other things, are related to this organization, representatives of other organizations may be included in the commission.

By decision of the head of the organization, the commission includes: a representative of the public council formed in accordance with Part 2 of Article 20 of the Federal Law of April 4, 2005 N 32-FZ "On the Public Chamber of the Russian Federation" *; representative public organization veterans established in the organization; representative of the elected body of the primary trade union organization or other representative body of employees (if any).

All members of the commission have equal rights when making decisions. In the absence of the chairman of the commission, his duties are performed by the deputy chairman of the commission.

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*Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2005, N 15, art. 1277; 2006, N 1, art. 6; 2007, N 27, Art. 3216; 2008, N 24, art. 2791; N 52 (part I), art. 6238; 2010, N 30, Art. 4008; 2011, N 19, Art. 2706; No. 50, Art. 7353; 2012, N 53 (part I), Art. 7651; 2013, N 30 (part I), art. 4068; No. 44, Art. 5633; N 52 (part I), art. 7004; 2014, N 16, art. 1839; 2015, N 48 (part I), art. 6718; 2017, N 1 (part I), Art. 28; N 50 (part III), Art. 7563.

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5. The personal composition of the commission is approved by the act of the head of the organization.

Representatives of territorial scientific organizations and educational institutions of secondary, higher and additional professional education, whose activities, among other things, are related to this organization, representatives of other organizations, as well as representatives of the public council, public organization of veterans and the elected body of the primary trade union organization or other representative body of workers are included to the commission in agreement with their leaders based on the request of the head of the organization.

The number of members of the commission who do not replace the positions of employees in the organization is at least one quarter of total number members of the commission.

The composition of the commission is formed in such a way as to exclude the possibility of a conflict of interest that could affect the decisions made by the commission.

6. The meeting of the commission is considered competent if it is attended by at least two thirds of the total number of members of the commission.

7. The following persons participate in the meetings of the commission with the right of an advisory vote:

a) the immediate supervisor of the employee in respect of whom the commission is considering the issue of compliance with the requirements for official conduct and (or) requirements for the settlement of conflicts of interest;

b) specialists who can give explanations on the issues considered by the commission;

c) representatives of interested organizations;

d) a representative of an employee in respect of whom the commission is considering the issue of compliance with the requirements for official conduct and (or) requirements for the settlement of conflicts of interest - by decision of the chairman of the commission, adopted in each specific case at least three days prior to the date of the commission meeting on the basis of the petition of the employee in respect of which the commission is considering this issue, or a member of the commission.

8. In the event of a direct or indirect personal interest of a member of the commission, which may lead to a conflict of interest when considering an issue included in the agenda of a meeting of the commission, he is obliged to declare this before the start of the meeting. In this case, the member of the commission shall not take part in the consideration of the said issue.

9. The grounds for holding a meeting of the commission are:

a) the decision of the Minister of Defense of the Russian Federation and the head of the organization in accordance with clause 31 of the Regulations on verifying the accuracy and completeness of information submitted by citizens applying for positions in the federal civil service and federal civil servants, and compliance by federal civil servants with the requirements for official conduct, approved Decree of the President of the Russian Federation of September 21, 2009 N 1065 "On verifying the accuracy and completeness of information submitted by citizens applying for positions in the federal civil service and federal civil servants, and compliance by federal civil servants with the requirements for official conduct" (hereinafter - the Regulation on verifying the accuracy and completeness of information), and by order of the Minister of Defense of the Russian Federation of June 29, 2013 N 484 "On approval of the Regulations on verifying the accuracy and completeness of information submitted by citizens applying for positions and employees filling positions in organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation and to comply with the requirements for official conduct by employees" (registered with the Ministry of Justice of the Russian Federation on August 5, 2013, registration N 29262) (as amended by orders of the Minister of Defense of the Russian Federation dated September 5, 2014 N 652 "On Amending the Orders of the Minister of Defense of the Russian Federation" (registered with the Ministry of Justice of the Russian Federation on October 15, 2014, registration N 34337), dated December 17, 2015 N 792 "On Amending the Orders of the Minister of Defense of the Russian Federation" (registered with the Ministry of Justice of the Russian Federation on January 22, 2016, registration N 40728), dated January 10, 2017 N 5 "On Amendments to the Orders of the Minister of Defense of the Russian Federation on the Prevention of Corruption Offenses" (registered with the Ministry of Justice of the Russian Federation on February 1, 2017, registration N 45490) and dated December 30, 2017 N 836 "On Amendments to the Orders of the Minister of Defense of the Russian Federation on the Prevention of Corruption and Other Offenses" (registered with the Ministry of Justice of the Russian Federation on January 31, 2018 , registration N 49839) and verification materials indicating:

on the submission by the employee of false or incomplete information provided for in subparagraph "a" of paragraph 1 of the Regulation on verifying the accuracy and completeness of information;

on non-compliance by the employee with the requirements for official behavior and (or) requirements for the settlement of conflicts of interest;

b) received by the unit personnel service organizations for the prevention of corruption and other offenses or an official of the personnel service of the organization responsible for the prevention of corruption and other offenses:

statement of the employee about the impossibility, for objective reasons, to provide information on income, property and obligations of a property nature of his wife (spouse) and minor children;

statement of the employee about the impossibility to comply with the requirements of the Federal Law of May 7, 2013 N 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments "** (hereinafter - Federal Law N 79-FZ) in connection with the arrest, prohibition of disposal, imposed by the competent authorities foreign state in accordance with the legislation of the foreign state in whose territory the accounts (deposits) are located, cash is kept Money and valuables in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances that do not depend on his will or the will of his wife (spouse) and minor children;

notification of the employee about the occurrence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest;

c) a presentation by the Minister of Defense of the Russian Federation, an organization or any member of the commission regarding ensuring that the employee complies with the requirements for official conduct and (or) the requirements for resolving a conflict of interest or the implementation of measures to prevent corruption in the organization;

d) submission by the Minister of Defense of the Russian Federation of verification materials indicating that the employee has submitted false or incomplete information as provided for by Part 1 of Article 3 of Federal Law No. persons to their income"*** (hereinafter - Federal Law N 230-FZ).

10. The Commission does not consider reports of crimes and administrative offenses, as well as anonymous appeals, does not conduct checks on the facts of violation of official discipline.

10.1. The notification specified in paragraph four of subparagraph "b" of paragraph 9 of these Regulations is considered by the HR department of the organization for the prevention of corruption and other offenses or by the official of the HR department of the organization responsible for the prevention of corruption and other offenses, which prepares a reasoned opinion based on the results of consideration of the notification .

10.2. When preparing a reasoned opinion based on the results of consideration of the notification specified in paragraph four of subparagraph "b" of paragraph 9 of these Regulations, officials of the personnel department of the organization have the right to conduct an interview with the employee who submitted the notification, receive written explanations from him, and the Minister of Defense of the Russian Federation or the State Secretary - Deputy Minister of Defense of the Russian Federation, at the request of the head of the organization, may send requests to government bodies, local governments and interested organizations. An appeal or notification, as well as a conclusion and other materials, shall be submitted to the chairman of the commission within seven working days from the date of receipt of the notification. In the case of sending requests, the notification, as well as the conclusion and other materials, are submitted to the chairman of the commission within 45 days from the date of receipt of the notification. This period may be extended, but not more than 30 days.

10.3. A reasoned opinion, provided for in paragraph 10.1 of this Regulation, must contain:

a) the information set out in the notification specified in the fourth paragraph of subparagraph "b" of paragraph 9 of these Regulations;

b) information received from state bodies, local self-government bodies and interested organizations on the basis of requests;

c) a reasoned conclusion based on the results of the preliminary consideration of the notice specified in paragraph four of subparagraph "b" of paragraph 9 of these Regulations, as well as recommendations for making one of the decisions in accordance with paragraph 18.2 of this Regulation or another decision.

11. The chairman of the commission, upon receipt of information containing the grounds for holding a meeting of the commission:

appoints the date of the commission meeting within 10 days. At the same time, the date of the meeting of the commission cannot be appointed later than 20 days from the date of receipt of the specified information;

organizes familiarization of the employee, in respect of which the commission is considering the issue of compliance with the requirements for official conduct and (or) requirements for the settlement of a conflict of interest, his representative, members of the commission and other persons participating in the meeting of the commission, with the information received by the commission, and with the results its checks;

considers applications for invitation to the meeting of the commission of persons replacing the positions of employees in the organization, and specialists who can provide explanations on the implementation of labor legislation and issues considered by the commission; officials of other state bodies, local self-government bodies; representatives of interested organizations; representatives of the employee, in respect of whom the commission is considering the issue of compliance with the requirements for official conduct and (or) requirements for the settlement of conflicts of interest, makes a decision on their satisfaction (on refusal to satisfy) and on consideration (on refusal to consider) during the meeting of the commission of additional materials.

11.1. The meeting of the commission for the consideration of applications specified in paragraphs two and three of subparagraph "b" of paragraph 9 of these Regulations, as a rule, is held no later than one month from the date of expiration of the period established for the submission of information on income, property and obligations of a property nature.

12. The meeting of the commission is held, as a rule, in the presence of the employee, in respect of whom the issue of compliance with the requirements for official conduct and (or) requirements for the settlement of conflicts of interest is being considered. The employee indicates the intention to personally attend the meeting of the commission in an application or notification submitted to the HR department for the prevention of corruption and other offenses or to the official of the HR service of the organization responsible for the prevention of corruption and other offenses.

12.1. Commission meetings may be held in the absence of an employee in the following cases:

a) if the application or notification provided for in subparagraph "b" of paragraph 9 of these Regulations does not contain an indication of the employee's intention to personally attend the meeting of the commission;

b) if an employee who intends to personally attend a meeting of the commission and duly notified of the time and place of its holding, did not appear at the meeting of the commission.

13. At a meeting of the commission, explanations of the employee (with his consent) and other persons are heard, materials are considered on the merits of the claims made against the employee, as well as additional materials.

14. Members of the commission and persons who participated in its meeting are not entitled to disclose information that became known to them during the work of the commission.

15. Based on the results of consideration of the issue specified in paragraph two of subparagraph "a" of paragraph 9 of these Regulations, the commission shall take one of the following decisions:

a) establish that the information provided by the employee in accordance with subparagraph "a" of paragraph 1 of the Regulation on verifying the accuracy and completeness of information is true and complete;

b) establish that the information provided by the employee in accordance with subparagraph "a" of paragraph 1 of the Regulation on verifying the accuracy and completeness of information is unreliable and (or) incomplete. In this case, the commission proposes to the head of the organization to apply a specific measure of responsibility to the employee.

16. Based on the results of consideration of the issue specified in the third paragraph of subparagraph "a" of paragraph 9 of these Regulations, the commission shall take one of the following decisions:

a) establish that the employee complied with the requirements for official conduct and (or) the requirements for the settlement of conflicts of interest;

b) establish that the employee did not comply with the requirements for official conduct and (or) the requirements for the settlement of conflicts of interest. In this case, the commission proposes to the head of the organization to point out to the employee the inadmissibility of violating the requirements for official behavior and (or) the requirements for settling a conflict of interest, or to apply a specific measure of responsibility to the employee.

17. Based on the results of consideration of the issue specified in paragraph two of subparagraph "b" of paragraph 9 of these Regulations, the commission shall take one of the following decisions:

a) recognize that the reason for the employee's failure to provide information on income, property and property obligations of his wife (spouse) and minor children is objective and respectful;

b) recognize that the reason for the employee's failure to provide information about income, property and property obligations of his wife (spouse) and minor children is not valid. In this case, the commission recommends that the employee take measures to provide the specified information;

c) recognize that the reason for the employee's failure to provide information on income, property and property obligations of his wife (spouse) and minor children is biased and is a way of evading the submission of the specified information. In this case, the commission recommends that the head of the organization apply a specific measure of responsibility to the employee.

18. Based on the results of consideration of the issue specified in subparagraph "d" of paragraph 9 of these Regulations, the commission shall take one of the following decisions:

a) recognize that the information provided by the employee in accordance with Part 1 of Article 3 of Federal Law N 230-FZ is true and complete;

b) recognize that the information provided by the employee in accordance with Part 1 of Article 3 of Federal Law N 230-FZ is unreliable and (or) incomplete. In this case, the commission recommends that the head of the organization apply a specific measure of responsibility to the employee and (or) send the materials obtained as a result of cost control to the prosecution authorities and (or) other state bodies in accordance with their competence.

18.1. Based on the results of consideration of the issue specified in the third paragraph of subparagraph "b" of paragraph 9 of these Regulations, the commission shall take one of the following decisions:

a) recognize that the circumstances preventing the fulfillment of the requirements of Federal Law N 79-FZ are objective and respectful;

b) recognize that the circumstances preventing the fulfillment of the requirements of Federal Law N 79-FZ are not objective and respectful. In this case, the commission recommends that the head of the organization apply a specific measure of responsibility to the employee.

18.2. Based on the results of consideration of the issue specified in paragraph four of subparagraph "b" of paragraph 9 of these Regulations, the commission shall take one of the following decisions:

a) recognize that there is no conflict of interest in the performance of official duties by the employee;

b) recognize that in the performance of an employee's official duties, personal interest leads or may lead to a conflict of interest. In this case, the commission recommends the employee and (or) the head of the organization to take measures to resolve the conflict of interest or to prevent its occurrence;

c) recognize that the employee did not comply with the requirements for the settlement of conflicts of interest. In this case, the commission recommends that the head of the organization apply a specific measure of responsibility to the employee.

19. In order to implement the decisions of the commission, draft acts of the organization, decisions or instructions of the head of the organization are prepared, which are submitted to him for consideration in the prescribed manner.

19.1. Based on the results of consideration of the issues specified in subparagraphs "a", "b" and "d" of paragraph 9 of these Regulations, and if there are grounds for this, the commission may make a decision other than that provided for in paragraphs 15 - 18, 18.1, 18.2 of these Regulations. The grounds and motives for making such a decision must be reflected in the minutes of the commission's meeting.

19.2. Based on the results of consideration of the issue provided for by subparagraph "c" of paragraph 9 of these Regulations, the commission makes an appropriate decision.

20. Decisions of the commission on the issues specified in paragraph 9 of these Regulations are taken by secret ballot by a simple majority of votes of the members of the commission present at the meeting. In case of equality of votes, the decision is considered adopted in favor of the employee in respect of whom the commission is considering the issue.

21. Decisions of the commission are formalized in a protocol, which is signed by the members of the commission who took part in its meeting.

22. The minutes of the meeting of the commission shall indicate:

date of the meeting of the commission, last names, first names, patronymics of the members of the commission and other persons present at the meeting;

the wording of each of the issues considered at the meeting of the commission, indicating the last name, first name, patronymic, position of the employee in respect of which the issue of compliance with the requirements for official conduct and (or) requirements for the settlement of conflicts of interest is being considered;

claims against the employee, the materials on which they are based;

surnames, names, patronymics of persons who spoke at the meeting and summary their speeches;

source of information containing the grounds for holding a meeting of the commission, the date of receipt of information by the commission;

decision and justification for its adoption.

23. A member of the commission who disagrees with its decision shall state his opinion in writing, which is subject to mandatory attachment to the minutes of the commission meeting and which the employee is familiarized with.

24. Materials considered at a commission meeting, as well as voting ballots, shall be attached to the minutes of the commission meeting.

25. Copies of the minutes of the meeting of the commission within 7 days from the date of the meeting of the commission are sent to the head of the organization, in full or in the form of extracts from it - to the employee, as well as by decision of the commission to other interested persons.

26. The head of the organization considers the protocol of the meeting of the commission and takes into account the recommendations contained therein in order to make an informed decision within his competence.

27. If the commission establishes signs of a disciplinary offense in the actions (inaction) of an employee, information about this is submitted to the head of the organization to resolve the issue of applying to the employee the measures of responsibility provided for by the legislation of the Russian Federation.

28. If the commission establishes the fact that an employee has committed an action (inaction) containing signs of an administrative offense or corpus delicti, the chairman of the commission transmits information about the commission of the specified action (inaction) and documents confirming such a fact to law enforcement authorities within 3 days, and if necessary - immediately.

29. A copy of the minutes of the commission meeting or an extract from it shall be attached to the record file of the employee in respect of whom the issue of compliance with the requirements for official conduct and (or) requirements for the settlement of conflicts of interest has been considered.

30. Organizational, technical and documentation support for the activities of the commission is carried out by organizations.

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** Collection of Legislation of the Russian Federation, 2013, N 19, Art. 2306; 2014, N 52 (part I), art. 7542; 2015, N 45, art. 6204; N 48 (part I), Art. 6720; 2017, N 1 (part I), Art. 46.

*** Collection of Legislation of the Russian Federation, 2012, N 50 (part IV), art. 6953; 2014, N 52 (part I), Art. 7542; 2015, N 45, Art. 6204; 2018, N 24, art. 3400; N 32 (part I), Art. 5100.