Refusal to visiting the phthisiatra with positive manta. Mantu and Diskin - choice and refusal by law

09.06.2020

Two moms did not make Mantu samples to their children. In response to refusal, the school decided not to teach these children in the usual class, but isolate them from other students. As a result, children without a survey on tuberculosis in the form of a special subcutaneous sample had to go to the lessons separately from classmates. Moms considered that it harms the mental health of children and violates their rights.

Ekaterina Miroshkin

economist

The decision on the isolation of the school accepted on the basis of the letter of the Ministry of Health, in which such an order was established: there is no sample Mantu - learn separately. Moms went to the Supreme Court to admit this letter invalid. And at the same time I. clinical recommendations According to the prevention of tuberculosis. Moms wanted their children without surveys to go to school as everyone else - without isolation, individual lessons and requirements to introduce some drugs.

What did the Ministry of Health told schools about children without sample Mantu?

In 2017, the Ministry of Health sent a letter to schools and universities for the reception and training of non-nursed children. This letter was:

If the child was sent to a consultation to a tubidpeaker, and a month later, parents did not bring a certificate that he was healthy, it should not be allowed to school, garden or university.
If parents refused to sample Mantu or "Dyskintest", their children can be allowed to school. But only if there is a conclusion from the phthisiatra, there is no tuberculosis.
Children without surveys should learn separately. They cannot attend the team along with everyone.
The phthisiatre only issues a certificate, but cannot specify the school, to allow a child to classes in a general class or not.
The decision to admit to classes takes the leadership of the educational institution.

This letter of the Ministry of Health has written on the basis of clinical recommendations. And although they are still optional, but the children decided to teach the School without samples to learn separately. They were actually isolated from the rest, and Mama did not like this alignment.

Clear letters and different regulatory documents are in the Supreme Court, where parents went. This court is not with a specific school, but to challenge the regulatory act. If everything turned out, the decision would be relevant in general for all moms, children and educational institutions.

What did the court say?

The Supreme Court said that children without examination on tuberculosis can be isolated from the surveyed. There is no violation of rights. They will also be taught, but in some other form, for example, separately or at home. That is, at this stage, mom lost.

Here are the arguments the court led:

Clinical recommendations are based on scientific evidence.
On their basis, the Ministry of Health has made a letter for educational institutions.
The letter and recommendations on the prevention of tuberculosis is not a regulatory document. They are optional. These are just advice to schools, what to do with non-universal children.
Parents have the right to refuse any vaccinations, samples and surveys. From the test manta too.
Children and adults should be examined for the presence of the active form of tuberculosis. It is necessary that there are no epidemics and cases of diseases were detected on time. Such a requirement of sanitary legislation must be performed.
Children examine with the help of immunodiagnosis - they are introduced drugs, taking into account age and then look at the reaction.
To prove that there is no active form of tuberculosis, other types of diagnostics can be used - without introducing some drugs to the child. For example, an x-ray or a special blood test.
The school should do so that all children can realize the right to affordable and safe education. It is impossible to risk the health of some children for the sake of the rights and desires of other children or their parents.
If there are children for which it is not clear that they are accurately healthy, they cannot learn along with the examined.

Violations of the rights of children without sample Mantu is not here: children were not excluded from school, and offered them such a form of training so that no one risen. How to teach children without a survey - this decides the school.

Outcome. While moms could not achieve so that children without sample Mantu taught together with everyone. But they have already filed an appeal - it will be considered in July, and then we will add an article. If a child is preparing for school, kindergarten or rides a camp, while you have to take into account the letter of the Ministry of Health and the optional clinical recommendations.

Preventive vaccinations this also concerns?

Preventive vaccinations are when the child is injected with a vaccine so that it does not get sick something dangerous: cute, tetanus or cough. From such vaccines can be refused. If a child is sick, it will be the responsibility of parents, not school or kindergarten.

The manta test is a test that shows that the child does not suffer from tuberculosis. That is, he does not infect anyone at school or children's camp.

Therefore, the requirements for these procedures are different. The school cannot refuse to teach a child without vaccine from measles or tetanus. If other children have vaccinations from these diseases, they are not risking them, but an unvaciated child. But without sample Mantu to school, though they will take, but can isolate. And in kindergartens are usually not accepted at all, because at school there are training at home, and the kindergarten can not be at home. While it works like this.

Sometimes isolate and children without preventive vaccinations. For example, if the child did not make vaccination from polio, he could not walk in one group with children who recently made such a vaccination. Because an unmet baby himself risks to infect. Usually, the disagreement looks like this: "Mom, do not drive your child in a kindergarten for two months, it is dangerous for him." Hospital mom will not give. Where to give a child - the problem of mom.

I do not want to make a child sample manta. How to avoid insulation at school?

Use other examinations methods. There are special tests when the child takes blood from Vienna and so find out that it does not have an active form of tuberculosis. At the same time, nothing is administered under the skin. Or you can make an x-ray - this is also a way to prove that the child is healthy, but there are age limits. The appropriate option will tell the doctor.

Get a certificate from the phthisiart. This reference will confirm that the child does not infect anyone. It can be issued on the basis of other types of diagnosis, and not just the samples of Mantu. Sometimes the sample shows the reaction, and the x-ray confirms that there is no disease.

Not the first decade, some scientists and enthusiasts are trying to prove that there is no benefit from Mantu, but only harm. number side Effects And allergic reactions put even the most executive parents in a dead end, completely trusted medicine. And as a result, they are increasingly refusing to the Mantu sample. Failure from Mantu is a difficult procedure: for its design, there is not enough positive parent "no". They will have to pass a lot of bureaucratic instances, fill out a bunch of documents and only then sigh calmly.

Despite the dubious benefit of the sample and the categorical prohibition of use in many countries of the West, we still use this method of diagnosis in the post-Soviet space.

The law allows not to make Mantu, if it contradicts religious views or other convictions of adult parents. Due to the fact that there is a progressive pressure on them from the heads of preschool, medical and other educational institutions, to make a refusal to sample Mantu very difficult.

The fact is that doctors themselves recognize that Manta's sample does not guarantee the timely detection of a tuberculin stick in the body of the child. Moreover, a positive reaction may generally be false. Nevertheless, it is forced to do such a sample under the threat of incomprehension to a kindergarten or school, although it is legally illegal. The peculiarity of the legislation of the Russian Federation allows not to undergo a similar procedure, but on the way there is a huge bureaucratic "car", which is difficult to get around.

The very fact that in kindergarten the child is subjected to forced diagnosis without the consent of parents is illegal and violates citizens. This applies not only to Mantu, but also other medical examinations and even vaccinations, but the health system under the pretext of the concern for the future generation in every way it violates. Proving something almost impossible. Even if a manifesto was issued in a certain region, prohibiting the refusal to manta, it still needs to protect his rights, since such decrees contradict the constitution.

How to defend your rights and overcome the bureaucracy

The most important thing is a clear idea what Mantoua is, which diagnostic methods have reactions and side effects, because they will have to competently and reasonably substantiate their refusal. Mantu's composition is able not only to worsen the health of children, but also strongly affect nervous system. All because of the tuberculin substance - phenol. But there are no clear explanations from doctors, it should look like a sample on the skin, and with what a result can be reacted to positive or negative.

To date, neither size nor the color may certainly report whether there are tuberculosis in children, and when false positive result And at all you need to go to the admission to the phthisiatra in the tubdy scan, where the risk of becoming becoming higher. Therefore, one of the main arguments, when refuse to manta, is the possibility of increasing the risk of tuberculosis infection with a false reaction.

The second point that affects the growth of refusals by parents is the reception of anti-tuberculosis drugs, the effectiveness of which is very doubtful. For false positive reactions Children are appointed similar drugs whose side effects greatly worsen health and completely "kill" the immune system.

The need for trial

Cases in which Mantoua is inappropriate:

The child has a normal weight;
Norma tests and feces, and urine;
There are no long bouts of cough or choking;
There are no obvious signs of malaise and overwork;
No other symptoms of tuberculosis.

Having such signs, the rejection of Mantu does not cause any questions, but with the following symptoms, problems from the leadership of a kindergarten or attending physician are possible:

Lethargy I. increased temperature bodies;
Bronchial cough lasting more than 1 month;
Weight loss and decline of appetite;
Increase lymph nodes etc.

In any case, the leaders of kindergartens and schools demand from parents a written refusal of the sample signed by the district phthisiators.

Legal basis for refusal

Understanding the peculiarity of the medical bureaucratic "car", it is necessary to operate with several legislative acts, on the basis of which it can be competently abandoned the sample. According to the sociological surveys of 2017, many parents are not satisfied with the test of manta, and in general would give up, but ignorance of laws stops. If you refuse, first of all, you need to refer to the Constitution of the Russian Federation, guaranteeing equal rights and freedom of citizens. It is this document that regulates the right of parents to independently determine medical care to their children. But, in addition to the Constitution, there are some more specific documents that, if desired, can be voiced or indicated in the written refusal.

Additional legislative acts are:

The first legislative act is clearly written that no one has the right to impose any treatment to persons under the age of 14. And any medical procedures are held with the written consent of the parents who, if desired, have the full right to refuse. If parents or guardians refuse, then no one can persuade them or have any pressure.

The second act also refers to the free willing of adult citizens and parents. The third act only reinforces the first two: it is strictly forbidden to carry out any diagnosis or vaccination without adults or put pressure.

If the child needs to conclude a phthisiatra, then it can be obtained on the basis of the above legislative acts without a test and not guided by the reaction of Mantu.

How to make a statement

The new SanPine (sanitary rules and norms) regulates the right of an adult population to an independent choice of treatment, vaccination and prevention. If for some reason did not accept the first document, then to the new refusal children's doctor he'll be ready.

The above documents must be presented in a written statement. Putting out parents, parents assure their reluctance to undergo diagnosis. The statement necessarily indicates the name of parents, address and phone number.

Does it be necessary to indicate the reason for refusal

For example, if a woman refused Mantu, then it is formally not obliged to argue their choice, the law on its side. But, in fact, it will somehow impede their position. And in this case, she simply needs to be correctly formulated and justify its refusal from the point of view of official medicine. In the very simple explanation, it is enough to motivate dubious reactions in the body of children to the Mantu.

In a statement, at will, indicate lists of side effects and other certificates about allergic reactions. It is also important to apply the written conclusion of the attending physician or allergist. Based on the conclusion, it is possible to appeal on the impossibility and danger of a children's tuberculin sample. Further on the statement is set and deciphered signature.

IMPORTANT: Application is better to be in a double copy, first for the head educational institution, second - for a precipit pediatrician.

In the event that the head of the educational institution will be rendered psychological pressure by invaliding the child before classes, it is necessary to demand a written statement from him, in which the director must legally correctly justify the reason for the invalid before the child's classes. Otherwise, you can safely write a complaint to the local prosecutor's office to excess official authority by the director of the educational institution and violation of constitutional rights. The argument should be indicated laws and legal norms.

Sample form-application for the refusal of mantu

Head of Educational Institution No.

Ivanov I. I.

From Sidorova S. S.

Residential at: Moscow, Shcheska Prospect 32/2, apt. one

Contact phone: 1234567

Statement

I, Sidorov S. S. I am a father / guardian of the student in ... No. X 2009 birth.

10.10. 2015, I received a note from a school doctor about the demand for immediate manta. I worst that such a requirement is illegal and contradicts constitutional rights. Based on the following documents (for example):

"On the prevention of the spread of tuberculosis infection";
"On the rules for the immunoprophylaxis of infectious diseases";
"On the basics and rules for the protection of health of the Russian citizens."

I, Sidorov S. S. I refuse to hold my son for further manta, as such procedures are illegal.

I ask you to take into account that tuberculin test in our country is voluntary. You, Ivanov I. I., as the head of the educational institution should be well known. Please do not violate my legitimate rights and do not interfere with my failure.

To his statement, I attach a copy of the medical conclusion of the Petrova Petziara P. P. P. that my son is completely healthy and does not carry a threat to society.

Based on the written conclusion of the phthisiart, legislative acts and possible side effects, I consider the Further statement of Mantu to my son is not safe and useless.

In the event of your refusal to prevent my son before classes, I ask to state the arguments in writing with the indication of laws, acts and norms.

From uv. Sidorov S. S.

Manta's sample is not a harmless event, at least so consider parents who choose the sake of their children's progressive children and modern methods diagnostics. At the same time, Mantu practices in kindergartens, schools and other state institutions. As competently write a rejection of the procedure, but at the same time not to harm the child and not lose place in kindergarten, you can find out by reading this material.

What is a manta sample and what is it for?

Grafting from tuberculosis - BCG (Sokr from Calmett Bacillus - Gena, Fr. Bacillus Calmette-Guérin, BCG), put immediately after the birth of the baby, as a rule, in the first day. According to the rules of the future mother, before childbirth, the document is brought by signing which, it agrees or refuses vaccination for his child. The manta test, contrary to popular belief, not vaccination, and the other annual procedure that has a different goal is to identify the reaction of immunity to the administration of tuberculin.

The process of sample detection is simple. In the hand of a person, most often just below the elbow bend from the inside, they are introduced using a special substance with a syringe to learn the reaction to the pathogen. The test results are measured after three days. During this period, it is forbidden to scroll place in order not to distort the accuracy of the sample. After the expiration of the waiting period, the injection site is measured, and on the basis of measurements, appropriate conclusions are made.

One of the minuses of Mantu, because of which the test deserves a negative perception among the parents, is the fact that it often gives a false positive result.

According to the results of this analysis, the child is sent for further consultation to the local tuberculous dispensary, where he with a large share of probability risks contact with a sick person and truly infected. For this reason, parents refuse Mantu.

In addition, the sample includes a phenol substance capable of provoking the strongest allergies. And in general, the composition of the test causes unsolonent fears, often the body reacts to the Mantu with individual intolerance.

Why do parents refuse the procedure?

It is worth studying the composition of the sample Mantu before it could be frightened and sign failure. In addition to the main substance - tuberculin, which is an extract from the animal, there is a chloride of sodium, phosphorus salts, phenol and other stabilizers.

The composition is capable of calling the following side effects in the kid:

sharp leap temperature up to high marker;
extensive allergic rash on the body;
full rejection of food;
typical signs of malaise: weakness, capriciousness, lethargy.

If the sample was carried out during the period of weakened immunity, antibodies entering the body, begin to have a negative impact on health, while the immune system It is not able to resist them. It threatens the development of all sorts of complications. However, if the child is completely healthy, the risk of developing complications is minimal.

How to abandon the sample Mantu and not to deprive the child visiting a kindergarten?

While in kindergarten or school, any child is obliged to undergo a Mantu procedure every year. For this you do not need to contact a special medical institution, injections hold a regular doctor accompanied by a nurse. Nevertheless, more and more parents give up the procedure every year. To do this, they write a special application addressed to the head of the educational institution.

The procedure for conducting the sample is regulated by a number of regulatory acts. They say that the procedure is a purely voluntary choice, therefore, the interests of parents are put in the first place. The administration of the educational institution cannot force a child to test, without notifying its legal representatives. You can refuse at any time.

If a child passed a complete medical examination during the year, not related to tuberculosis, it is possible to abandon Mantu with full confidence. To do this, it is enough to provide a written refusal to a kindergarten or school and attach the results to it.

The refusal to Mantu does not relieve parents from responsibility for the health of their child. It should be remembered that tuberculosis is still deadly dangerous diseaseTherefore, in case of refusal of the procedure, you should think about the alternative methods of diagnostics.

Alternative methods of early diagnosis of tuberculosis

Alternative, safer and informative diagnostic methods are PCR and sputum analysis. The first method of diagnosing tuberculosis is most preferable, since it consists in identifying the disease by the method of detecting DNA microbes.

PCR is used for:

detecting the presence of koche sticks in the body;
detection of foci of infection;
detecting recurrence tuberculosis;
selection of treatment and observation techniques.

The sputum analysis is a safe diagnostic method, as it eliminates the penetration into the body of the child's pathogens. The study of the patient separated from the mucous membrane can detect infected pathogenic bacteria.

Right to failure: Theory and Practice

In theory, parents have full right to refuse to conduct Mantu, but in practice everything is somewhat different. Educational institutions often go on tricks and tricks, forcing everyone to undergo an unpleasant procedure, sometimes crossing the feature of the law. How to deal with it and how to get a training institution if without manta do not take there?

Lawyers in one voice declare that coercion to consent to the test of the Mantu is illegally. Employees of the institutions also do not have the right to remove students from classes and other mass events, motivating this by the fact that they are not confident in the health status of such children.

When parents have written a refusal to carry out the procedure and brought it to the Children's Garden or School administration, employees do not have the right to continue to enjoy the child in order to force it to a medical procedure without the knowledge of the parents. In case the child complains about such actions from the teacher, parents should immediately visit the leadership and report on the current situation. No need to swear, but it is better to rely on the law that guarantees freedom of refusal from the procedure, to the Constitution of the Russian Federation, guarantees this right.

If calm admonitions neither led to an understanding of the parties, should be applied to the higher authority - the management of education. If this instance also refuses to take any actions, the next step should be an application to the prosecutor's office. In most cases, at this stage, the majority of disputes can be solved.

Tuberculosis is a serious illness that can be infected in any public placeTherefore, strict control of the disease is needed. With the help of manta, it is possible to significantly reduce the risk of an epidemic. However, is this procedure completely safe? Do parents have the right to abandon vaccinations for their baby? How to justify your decision? Tell together.

"For" and "against" the test of the Mantu in a child

Before deciding whether to refuse tuberculin sample, you need to deal with two questions: what is this procedure and why are it carried out? The manta test is not vaccinated - the drug contains destroyed bacteria, the liquid is introduced intradermal and allows you to determine whether the patient's body is active koche (tuberculosis causative agent).

The problem lies in the fact that the input substance can worsen the well-being of the kid. Diagnostics causes many questions from researchers, because even today, after many years of use of Mantu, there are no clear criteria for the type and size of Papula, which is formed during the procedure.

If the sample will give false resultParents will have to go with the child to the tube on the reception to a specialist where there is a chance to get infected. Manta is impractical in the following cases:

good blood tests and urine in a child;
symptoms of tuberculosis are absent;
the kid has increased temperatures, there are signs of malaise;
coughing;
the child has no appetite, it is sluggish, overly sweats;
the skin is pale, there is a loss of body weight;
increased lymph nodes.

Mantu can not be done if a child has at least some signs of malaise or suspected disease

Consider the main "for" and "against" the procedure. Arguments in favor of diagnostics:

the test does not provoke changes in tissues, therefore does not harm the body;
no accumulation effect, since the sample is performed 1 time per year;
there is an opportunity to identify media of the disease and begin treatment.

Facts that are a reason for refusing the procedure:

The preparation contains hazardous substances, such as phenol. This is a poison that negatively acts on the cells of the body. Many believe that even his small dose is harmful.
There are adherents of the theory that the systematic performance of the Mantu sample in aggregate with poor ecology and unbalanced nutrition is destroying for a children's body.
Tuberculin is capable of causing allergies, as a result of which the reaction is incorrectly interpreted, and children put on accounting in a tuberculous dispensary.
The procedure does not allow one hundred percent warranty of the detection of the disease, even in patients with people sample can give a negative result.

Mantu test does not give 100% warranty of disease detection

Is it possible to abandon the vaccination, how is this fixed?

Despite the lack of a guarantee of the detection of the disease, make Mantu all the same forcing. Without it, make up papers for kindergarten or school it is problematic.

Parents should know that you can refuse Mantu. Until the adulthood of the child, without the consent of adults, doctors cannot put any vaccinations. This right is enshrined in the Federal Law of the Russian Federation, regulating the policy of countering the proliferation of tuberculosis (No. 77-FZ Art. 7.3 and 7.2).

According to the document, vaccinations and testing of the reaction of the body are optional, voluntary procedures, and the refusal of them cannot be an obstacle to the child's enrollment in an educational institution. The exceptions are epidemics and massive disease, as well as suspicion for the presence of tuberculosis in the incoming child. The survey must pass only infected people. Parents can also refer to the laws:

"On the basics of health protection of citizens of the Russian Federation" (No. 5,487-1 of Art. 32 and 33).
"On the immunoprophylaxis of infectious diseases" (№157-ФЗ Art. 5.1-5.3).
"Universal Declaration of Human Rights" (Art. 26).
"On Education" (№122-ФЗ Art. 52.1)
Constitution of the Russian Federation (Art. 43).

Starting from school age, pediatricians recommend replacing Mantu with diaskinist

Since 2014, after the All-Russian congress of phthisiators, children from 7 to 17 years old are recommended to replace the manta diaspectory sample. The drug guarantees the exact result, the reaction must be carried out less often. However, the opponents of this method of verification believe that the substance determines the disease only in the stage active breeding Koch sticks, so at the initial stage, the result may be negative.

If the child has not contacted people, sick tuberculosis, parents can write a refusal to mantu. Moms of little babies with such paper on hands can face difficulties of a children's card for a kindergarten. The leadership of the hospital refuses to sign documents, and in the kindergarten threaten the fact that the baby will not accept the group.

If parents refrain from the sample at school, the administration resorts to intimidation. Cases were recorded when the guide removed the child from classes or school activities. This violation of the rights - the child is prohibited in the team only when he identifies the disease.

The procedure for making a failure of the sample Mantu

The refusal of parents from the diagnosis of tuberculosis must be decorated in writing. Need to follow these steps:

Prepare a statement in free form addressed to the director of the school or the head of the kindergarten on the refusal of the sample. The paper is required in two copies - one remains at the parents.
If you give out the finished form, read it carefully. Put the signature and date of document.
The child's map should write about the reluctance of vaccination.

As reasons for refusal use:

the right of voluntary vaccination (according to the legislation);
the absence of the kid's symptoms of the disease;
fear of the development of allergies on the components of the drug.

Parents should make a refusal to mantu in writing

The statement must be attributed to the place of study, on its copy, parents must receive a mark that the paper is obtained by the administration. The term of consideration of the document is 10 days, a child for this time does not have the right to free from classes. If the Guide demands to bring a certificate from a phthisiatra doctor, parents can refuse to travel to the dispensary, pointing out a statement about the fear of possible infection.

What if the child is not taken to the pre-school institution?

If the child does not take into a kindergarten or school or remove from classes, these actions are unlawful. If the refusal is written on time, the administration cannot continue to terrorize parents or kids.

Adults should be told with the management of the institution, relying on the laws of the Russian Federation described above. If the above arguments were not perceived, it is necessary to refer to the management of education - usually it leads to a positive result.

In the case when the administration continues to protest, you can contact any lawyer. Specialists help solve the conflict based on the legal database. The child will be able to enter the educational institution without the need to pass the imposed procedures. If these measures have not brought the desired result, parents should be applied to the Ministry of Health or the Prosecutor's Office.

Good day. The country organized a system of illegal coercion to a survey for tuberculosis. The system is actively drawn by local administrations, prosecutors and courts. Typical soup set of pseudozanny arguments: 1) Nexpeted child is dangerous for others. His Nonopusk - Protection of the right of citizens to a favorable Wednesday 2) SanPine establishes the obligation of the survey 3) SanPiN gives the right to demand an examination to employees of educational organizations 4) SanPiN provides the right to prevent the child's non-surrender to the educational organization of the administration of this organization. These arguments do not comply with the current regulatory framework do not have a judicial perspective in properlying in accordance with the requirements of the CAS RF. Arguments confirming the stated requirements. In accordance with paragraph 9 of Art. 226 CAS RF if otherwise not provided for by this Code, when considering the administrative case on challenging the decision, the actions (inaction) of the body, the organization, persons who endowed with state or other public authority, the Court finds out: 1) whether the rights, freedoms and legitimate interests of the administrative plaintiff are violated or persons in protecting the rights, freedoms and legitimate interests of which the appropriate administrative statement of claim was submitted; 2) whether the terms of appeal to the court are observed; 3) whether the requirements of the regulatory legal acts establishing: a) authority of the authority, organization, persons endowed with state or other public authority, to adopt a challenged solution, performing disputed (inaction); b) the procedure for adopting a challenged solution, committing a challenged action (inaction) in the event that such an order is established; c) grounds for making a challenged solution, committing a challenged action (inaction), if such grounds are provided for by regulatory legal acts; 4) whether the content of the contested solution, perfect contested action (inaction) with regulatory legal acts regulating controversial relations. 11. The duty of proving the circumstances referred to in paragraphs 1 and 2 of Part 9 of this article shall be assigned to the person in court, and the circumstances referred to in paragraphs 3 and 4 of Part 9 and in Part 10 of this article - to the authority, organization, person endowed with state or other public authority and adopted decisions or accomplished actions (inaction). The rights disturbed by the illegal actions of the defendants of law disturbed by illegal actions of persons forcing for a survey: on education, freedom of movement, the right to voluntary informed consent or refusal when providing medical care, right to medical mystery. The powers of the heads of educational organizations to consider the authority of the head educational organization Access to information constituting a medical secret to determine the danger of pupils for others by health, to send notifications about the obligatory passage of medical examinations, to establish the deadlines for medical examinations, to introduce restrictive measures aimed at preventing the spread of infectious diseases (quarantine) to refer to The following regulatory acts from paragraph 2 of Art. 15 CAS of the Russian Federation should be imposed if, in resolving the administrative case, the court will establish a discrepancy between the law or other regulatory legal act, which has greater legal force, it decides in accordance with the law or other regulatory legal act that has greater legal force. In accordance with Art. 87 - 90 of the Federal Law of 21.11.2011 N 323-FZ "On the basics of the health of citizens in Russian Federation»Quality and safety control of medical activities does not apply to the competence of educational organizations and their leaders. p. 2 art. 41 of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation" in accordance with which, the organization of the health of students (except for the provision of primary health care, medical examinations and dispensarization) in organizations engaged in educational activities, carried out by these organizations. In order to specify the procedure for the provision of medical care minors, including during the period of training and education in educational organizations, the order of the Ministry of Health of Russia of 05.11.2013 N 822N approved the relevant document, which clarified the provisions of paragraph 2 of Art. 41 of the Law on Education. In accordance with paragraph 5 of the Order No. 822, the direct provision of primary health care minors under 18 is carried out by the executive authorities in the field of health. To implement this standard, the educational organization is obliged to provide free premises with the relevant conditions for the work of medical workers (paragraph 3 of Article 41 of the Law on Education). In accordance with paragraph 19 of the order, with the organization of medical examinations (screenings) of minors, during the period of training and education in educational organizations, and providing them with primary health care in a planned form, an educational organization can only assist in informing minors or their parents ( legal representatives) in the design of informed voluntary agreements for medical intervention or their faults from medical intervention regarding certain types of medical intervention. p. 46 h. 1 Art. 12 of the Federal Law of 04.05.2011 N 99-FZ "On licensing certain types of activities", establishes that medical care (medical activities) is subject to licensing. At the same time, according to paragraph 3 of the provisions on licensing of medical activities approved by the Decree of the Government of the Russian Federation of 16.04.2012 No. 291, medical activities are working (services) in which, in particular, the provision of primary health care, medical examinations, medical examinations and sanitary-anti-epidemic (preventive) events in the provision of medical care. In the case file, there are any information about the availability of a license for medical activities in the educational organization. Parents have the right not to execute orders and orders of the head of the educational organization, as they are mandatory for the execution by employees of the educational institution. Neither parents nor pupils are in labor relations with a kindergarten. Relations between pupils (their legal representatives) and the children's organization are governed by the contract. Any disputes arising between the Parties to the Contract are subject to permission to be permitted in accordance with the procedure established by law by applying to state competent authorities or the court, and not the adoption of an internal administrative act, the procedure for adopting a challenged decision, performing an accomplished action. The procedure for passing a medical examination for tuberculosis was determined by the order of the Ministry of Health of Russia dated March 21, 2017 No. 124n: P. 11 The organization of medical examinations is assigned to an authorized person appointed by a medical organization, paragraph 12, the campaign lists of citizens, with an indication of the term of medical examination, are medical workers, paragraph 14 The calendar graph of medical examinations is approved by the head of the health organization a month before the start of the calendar year, paragraph 18 of the notifications are sent by medical workers (doctors, paramedics) responsible for conducting a preventive medical examination, paragraph 18 information on the results of a medical examination is entered into medical records, P. 20 Information on the results of a medical examination is brought to a citizen or his legal representative. Thus, the acting procedure for the passage of medical examinations for tuberculosis does not involve participation in this event of the head or other employee of the educational organization and does not contain the requirements to provide in the children's organization and its head of any medical documents. There is no requirement and in the sanitary rules of the joint venture 3.1.2.3114-13. The results of medical examinations and surveys are a medical secret (in accordance with Article 13 of the Federal Law of 21.11.2011 N 323-FZ). Access to these information is limited by medical workers, a citizen or its legal representatives. Therefore, the conclusion of a phthisiatra doctor about the absence of a disease is not provided to the children's organization, but to the organization of health care, to which a children's organization is attached ( medical Cabinet). The head of the educational organization does not have access to the specified documentation, and, accordingly, the right to evaluate its content, to establish the presence or absence of danger to others, as it does not have medical educationis not a medical worker, not listed in the state medical organization. Also, the current legislation establishes the procedure for restricting the constitutional rights of citizens, in particular the right to education. P.3. Article 55 of the Constitution of the Russian Federation defines that "human rights and freedoms and citizen can be limited to federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and State security. In accordance with paragraphs 1 of paragraph 10, Article 20 of the Federal Law No. 323-FZ of 11/21/2011 N 323-FZ, the decision to recognize a citizen dangerous to those surrounding by the state of health is taken by the consultation of doctors, record this is done in medical documentation. In the case of tuberculosis infection, after the detection of clinical indications or other risk factors, phthisiatra doctors (the Commission of Doctors) have the right to be established by Articles 9 and 10 of the Federal Law No. 77-FZ "On the prevention of tuberculosis in the Russian Federation", and even obliged to take actions aimed at the compulsory examination and layout on dispensary accounting and even forced treatment (By contacting authorized bodies, prosecutor's office or court). This norm is fixed in paragraph 7.3 of the SP 3.1.2.3114-13 "Medical workers of medical, wellness, children's and other organizations that have identified (suspecting) in persons with tuberculosis for 2 hours they communicate on the phone, and then within 12 hours in writing Direct the emergency notice of each patient to organs authorized to exercise the Federal State Sanitary and Epidemiological Supervision, at the place of identification, actual residence and work (study) of the patient. Further actions regarding this communication (forced to the survey, restrictive activities (quarantine), the survey of contact citizens, disinfection, etc.) are within the competence of the authorized body. The arguments of educational organizations that the actions on the uncomfortable child in the educational organization are allegedly aimed to protect other citizens from infectious disease is not true and not confirmed by any facts that contradicts Article 62 of the CAS RF, according to which "the obligation to proof the legality of decisions, actions (inaction) of bodies, organizations and officials endowed with state or other public authority is assigned to the relevant authority, organization and official. These bodies, organizations and officials are also obliged to confirm the facts to which they refer both to the basis of their objections. " The legislation establishes for citizens the obligation to pass a medical examination of the child's unacceptable in the educational organization is an administrative measure limiting its constitutional rights to freedom of displacement and education, as it creates the inability to be in the educational organization and the inability to receive education in the form of the chosen parents. In accordance with Art. 44 of the Federal Law No. 273-FZ The right to choose the form of training is enshrined for parents, and not behind the head of the educational organization. In accordance with Art. 1 of the Federal Law of 30.03.1999 N 52-FZ "On Sanitary and Epidemiological Welfare of the Population" Restrictive Events (Quarantine) - Administrative, Health, Veterinary and Other Measures aimed at preventing the spread of infectious diseases and providing a special regime of economic and other activities ... .. Part 2 of Art. 31 of the named law determines that "restrictive events (quarantine) are introduced (canceled) on the basis of proposals, prescriptions of the main state sanitary doctors and their deputies ......" Thus, the head of the educational organization has the right to publish an order for a child's uncomfortable child in the children's organization only if there is a prescription The main state sanitary doctor or his deputy or in the presence of a court decision, where he should have appreciated to resolve disagreements with legitimate representatives of the child. The grounds for the adoption of the challenge, performing the contested action (inaction), if such grounds are provided for by regulatory legal acts. Usually, the foundation of the unacceptable in the educational organization of the non-learned child indicates the protection of the rights of other citizens to a favorable environment - preventing the spread of infectious disease. In accordance with paragraphs 2 and 3 of paragraph 61, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2016 No. 36 "On some issues of applying the courts of the Administrative Judgment Code of the Russian Federation" the court is not entitled to recognize the contested decision, the action, inaction with reference to the circumstances, not The subject of consideration of the relevant body, organization, persons, changing the basis of the decision taken, perfect actions that had an inaction occurred. For example, when the circumstances of the circumstances listed in the contested decision of the state authority and served as the basis for its adoption, the court is not entitled to refuse to declare such a decision illegal, referring to the presence of other foundations (circumstances) for making a similar solution. Thus, the head of the educational organization is obliged to prove the danger of a child for others, but this is not included in his competence, since he is not a medic, and an educational organization has no license for medical activities The inconsistency of the contested actions and solving the requirements of regulatory acts justifying their illegal requirements The obligation of tuberculinidiagnostics is usually referred to at P.5.2 of Sanitary Rules of SP 3.1.2.3114-13. At the same time, it is intentionally, paragraph 2 of paragraph 5.1 of these rules is passed, from which it follows that "the children from socially disadvantaged families and living in the territory of the Russian Federation children of foreign citizens who arrived from disadvantaged countries from the tuberculosis of countries are observed." Thus, all other children undergo the specified survey only on the basis of voluntary informed consent. A similar norm on compliance with the right of citizens to voluntary informed consent is available in P.7 of the Procedure and the timing of preventive medical examinations of citizens in order to identify tuberculosis, approved by the Order of the Ministry of Health of Russia of 21.03.2017 N 124n The absence of compulsory requirements for the survey is confirmed by the decision of the Supreme Court . In addition, it is usually stated by the priority of the provisions of the sanitary rules and norms of the Federal Law No. 52-ФЗ dated March 30, 1999 to the norms set forth in Article 20 of the Federal Law No. 323-FZ dated 21.11.2011 on the need for voluntary informed consent when conducting tuberculinidiagnostics or other survey methods. At the same time in accordance with PP. 2 tbsp. 2 of the Federal Law No. 323-FZ of 21.11.2011 "Protection of the health of citizens (hereinafter - health protection) is a system of measures of political, economic, legal, social, scientific, medical, including sanitary-anti-epidemic (prophylactic), character," accordance with paragraph 2 of Article 3 of Federal Law No. 323-FZ dated 21.11.2011 "The norms on the protection of health contained in other federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation should not contradict standards of this Federal Law. "In accordance with paragraph 3 of Article 3 of Federal Law No. 323-ФЗ dated 21.11.2011" In the event of non-compliance with the norms on the protection of the health contained in other federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, the norms of this federal law apply the norms of this Federal Law. " Thus, in accordance with paragraph 2 of Art. 15 CAS of the Russian Federation is subject to applying the norm of Article 20 of the Federal Law No. 323-FZ dated 21.11.2011 until the evidence of the circumstances listed in paragraph 9 and paragraph 10 of this article will be provided.