Criminal Code of the Russian Federation in the latest edition:
Article 122 of the Criminal Code of the Russian Federation. HIV infection
1. Knowingly putting another person at risk of contracting HIV infection -
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to one year, or arrest for a term of up to six months, or imprisonment for a term of up to one year.
2. Infection of another person with HIV infection by a person who knew about the presence of this disease -
is punishable by imprisonment for a term of up to five years.
3. The act provided for in part two of this article, committed in relation to two or more persons or in relation to a minor, -
shall be punishable by imprisonment for a term of up to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.
4. Infecting another person with HIV infection as a result of improper performance by a person of his professional duties -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. A person who has committed the acts provided for in parts one or two of this article is exempt from criminal liability if another person, placed at risk of infection or infected with HIV infection, was promptly warned about the presence of this disease in the first and voluntarily agreed to commit actions that created danger of infection.
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Comments on Article 122 of the Criminal Code of the Russian Federation
HIV infection is defined as a chronic disease caused by the human immunodeficiency virus. It is a slowly progressive infectious disease that occurs as a result of infection with the human immunodeficiency virus, which attacks the immune system, resulting in the body becoming highly susceptible to opportunistic infections and tumors, which ultimately lead to the death of the patient.
Article 122 of the Criminal Code of the Russian Federation establishes liability for two independent elements of crime:
- putting you at risk of contracting HIV infection (Part 1);
- HIV infection (parts 2 - 4).
When there is a risk of contracting HIV infection, there is a danger of harm to relationships that ensure the safety of life or health; When HIV infection occurs, real harm is caused to these relationships.
The method of committing a crime can be different, for example, an HIV-infected person committing sexual intercourse with a healthy person, using the same syringe when injecting a sick and healthy person, in particular when injecting drugs, non-compliance with sanitary and hygienic standards and rules for donation, personal hygiene etc. Since it is recognized in medicine that the immunodeficiency virus is not transmitted through the air, through everyday contact, through non-sexual contacts, for example, by shaking hands, then such actions of the virus carrier when communicating with people around him are not criminal, since they do not form the objective side of the crime.
Questions and answers in the field of HIV prevention. Explanations from the Samara Region Prosecutor's Office
Questions and answers in the field of HIV prevention.
1. Where can you undergo a medical examination to determine the presence or absence of HIV infection? Where is it held for free?
Answer:
A medical examination can be completed both in institutions of the state and municipal health care system, and in a private medical organization. This procedure includes a laboratory test, which is carried out on the basis of an appropriate license.
It is important to note that the issuance of an official document confirming the presence or absence of HIV infection in the person being examined is carried out only by institutions of the state or municipal health care system.
Medical examination of citizens is carried out with preliminary and subsequent consultation on the prevention of HIV infection.
In accordance with the requirements of paragraph 7 of Art. 7 of the Federal Law of March 30, 1995 No. 38-FZ “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)” in institutions of the state healthcare system, medical examination of citizens of the Russian Federation is carried out free of charge.
If you have been denied a free medical examination by institutions of the state health care system, you have the right to contact the prosecutor's office of the Samara region at the address: 443010, Samara, st. Chapaevskaya, 151 or by email: [email protected]
2.
HIV testing
and in what cases Answer:
Firstly, donors of blood, biological fluids, organs and tissues must undergo a medical examination for HIV infection. Otherwise, these persons cannot be donors of blood, biological fluids, organs and tissues.
Secondly, upon entry to work and periodic medical examinations, employees of certain professions, industries, enterprises, institutions and organizations undergo a mandatory medical examination to detect HIV infection. Such professions include:
- doctors, paramedical and junior medical personnel of AIDS centers, health care institutions, specialized departments and structural divisions of health care institutions, engaged in direct examination, diagnosis, treatment, service, as well as conducting forensic medical examinations and other work with persons, infected with the human immunodeficiency virus, having direct contact with them;
- doctors, paramedical and junior medical personnel of laboratories (groups of laboratory personnel) who examine the population for HIV infection and study blood and biological materials obtained from persons infected with the human immunodeficiency virus;
- scientists, specialists, employees and workers of research institutions, enterprises (productions) for the production of medical immunobiological preparations and other organizations whose work is related to materials containing the human immunodeficiency virus.
Thirdly, foreign citizens and stateless persons wishing to enter the Russian Federation for a period of more than three months, except for employees of diplomatic missions and consular offices of foreign states, employees of international intergovernmental organizations and members of their families. To obtain a visa, they are required to present a standard certificate confirming that they do not have HIV infection.
The next case of mandatory testing applies to persons in prison.
An additional basis for HIV testing is clinical indications, the list of which is established by the Ministry of Health.
Medical workers are required to notify the person who passed the examination about the results of the examination. If HIV infection is detected in minors under 18 years of age or in persons recognized as legally incompetent, the relevant information is provided to their parents or legal representatives.
3. What social rights does an HIV-infected person have?
Answer:
Federal Law No. 38-FZ of March 30, 1995 “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)” establishes a direct ban on restricting the rights of HIV-infected people (Article 17 of the Law).
Dismissal from work, refusal to hire, denial of admission to organizations engaged in educational activities and institutions providing medical care, as well as restriction of other rights and legitimate interests of HIV-infected people on the basis of their HIV infection, are not allowed. as well as restriction of housing and other rights and legitimate interests of family members of HIV-infected people, unless otherwise provided by law.
4. What support measures does the state provide to HIV-infected minors?
Answer:
HIV-infected minors under the age of 18 are assigned a social pension, benefit and provided with social support measures established for disabled children by the legislation of the Russian Federation, and persons caring for HIV-infected minors are paid a allowance for caring for a disabled child .
In accordance with the Decree of the President of Russia dated February 26, 2013 No. 175 “On monthly payments to persons caring for disabled children and disabled children of the 1st group”, from January 1, 2013, monthly payments to unemployed able-bodied persons caring for a disabled child in under 18 years of age or disabled since childhood, group I: to a parent (adoptive parent) or guardian (trustee) - in the amount of 5,500 rubles; other persons - in the amount of 1200 rubles.
Monthly payments are established to one non-working able-bodied person for each disabled child or disabled person from childhood of group I for the period of caring for him.
5. Is anonymity provided for during medical examinations for HIV infection? What responsibilities exist if survey results are disseminated?
Answer:
Yes, the law does indeed provide for the preservation of medical confidentiality of examination results.
Thus, the rules for conducting a mandatory medical examination to detect the human immunodeficiency virus (HIV infection), approved by Decree of the Government of Russia dated October 13, 2013 No. 1017, stipulate that Medical workers and other persons who, in connection with the performance of official or professional duties, become aware of information about results of a medical examination to detect HIV infection are required to keep this information confidential.
For the disclosure of information constituting medical confidentiality, persons to whom this information became known in connection with the performance of their official or professional duties are liable in accordance with the legislation of the Russian Federation.
First of all, this is the responsibility provided for by the current civil legislation. Thus, Article 150 of the Civil Code of the Russian Federation establishes that personal secrets refer to intangible (non-property) benefits of a person, inalienable and intransferable in any other way. Article 151 of the Civil Code of the Russian Federation determines that if, as a result of the disclosure of medical confidentiality, moral harm is caused to a citizen, then the court may impose on the violator the obligation of monetary compensation for such harm. It should be taken into account that moral harm refers to the physical and moral suffering a citizen endures as a result of the violation of intangible benefits or personal non-property rights. For example, rudeness, disrespect for the patient, humiliation of his dignity, causing him pain and suffering when they can be avoided are moral damages that are subject to compensation, since they violate the patient’s legal rights. Chapter 59 of the Civil Code of the Russian Federation specifies the provisions of Article 151, and in Article 1064 indicates that harm caused to the person of a citizen is subject to compensation in full.
Article 137 of the Criminal Code of the Russian Federation already provides for criminal liability for violation of privacy, starting with a fine of up to 200 thousand rubles up to imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
It is important to note that the crime consists of the illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent or dissemination of this information in a public speech or in the media. Moreover, if these actions are committed by a person using his official position, then the maximum penalty is provided for in Part 2 of Art. 137 of the Criminal Code of the Russian Federation in the amount of four years of imprisonment with deprivation of the right to hold certain positions for a term of up to five years.
6. Is there liability for contracting HIV infection?
Answer:
In pursuance of the requirements of the Federal Law of March 30, 1995 “On preventing the spread of the disease caused by the human immunodeficiency virus in the Russian Federation,” a procedure has been established for notifying a person who has been diagnosed with HIV infection, in accordance with which the doctor issues an official certificate to the infected person confirming that he has HIV infection. HIV infections; the certificate contains a note warning the patient about criminal liability for intentionally putting in danger of infection or infecting other persons with HIV infection; the certificate is handed to the patient, who signs for its receipt in the outpatient card or medical history; When issuing a certificate, the doctor consults the patient in detail, explaining to him the necessary precautions and ways to prevent the transmission of HIV infection.
The Criminal Code of the Russian Federation establishes liability for contracting HIV infection.
The law distinguishes between criminal actions related to HIV infection into actions expressed in the deliberate creation of a danger of HIV infection for another person (Part 1 of Article 122 of the Criminal Code of the Russian Federation) and actions as a result of which another person was infected with HIV infection (Parts 2 - 4 of Article 122 of the Criminal Code of the Russian Federation).
In particular, the Criminal Code provides for various subjects of crime. The subject of the crime provided for in Part 1 of Art. 122 of the Criminal Code of the Russian Federation is any person capable of putting the victim in a dangerous state, as a result of which the latter may be infected with HIV infection. Such a person could be, for example, a drug dealer distributing a drug infected with HIV.
The subject of the crimes provided for in Parts 2 and 3 of the article is only the virus carrier.
According to Part 4 of Art. 122 of the Criminal Code of the Russian Federation, the subject of a crime is any person who bears official responsibility for the proper storage of biological material infected with the immunodeficiency virus, as well as a person who does not comply with the obligation to properly use medical equipment that can transmit HIV infection.
The most common ways of transmitting the immunodeficiency virus are sexual intercourse, blood transfusion, use of a non-sterile syringe, and contact with damaged body surfaces. At the same time, HIV infection is not transmitted through the air, through household contacts and through non-sexual contacts, and therefore such forms of communication by the perpetrator do not in themselves constitute this crime.
Also in the note to Art. 122 of the Criminal Code of the Russian Federation defines a condition under which a person who has committed acts provided for in Part 1 or Part 2 is exempt from criminal liability. Such a condition is the case when another person, placed at risk of infection or infected with HIV infection, was promptly warned about the presence of this disease in the first person and voluntarily agreed to perform actions that created a risk of infection.
7. Is it possible to deprive the parental rights of HIV-infected people?
Answer:
The grounds and procedure for deprivation of parental rights are provided for by family law, namely Article 69.70 of the Family Code of the Russian Federation.
The grounds for deprivation of parental rights are:
- evasion of parents from fulfilling parental responsibilities, including malicious evasion of paying alimony (that is, parents do not care about the health, moral education, physical, mental, spiritual development, education of the child, his material and living support, and also do not support the child, without good reason).
- refusal of parents, without good reason, to take their child from a maternity hospital or other medical institution, educational institution or other similar institutions.
- abuse of parental rights by parents. This includes creating obstacles to learning, inducing begging, theft, drunkenness, prostitution, drinking alcohol or drugs, etc.
— cruel treatment of children, including physical or mental violence against them (beating a child, threatening him, instilling a sense of fear, etc.), as well as an attempt on a child’s sexual integrity. All this may also serve as a basis for initiating criminal proceedings against the parents. In addition to facts of violence, child abuse can also manifest itself in the use of unacceptable methods of raising children that harm their moral development, as well as in neglectful, rude, degrading treatment or exploitation of children.
- parents’ illness with chronic alcoholism or drug addiction, confirmed by an appropriate medical report. The very fact that a person is registered at a drug treatment clinic is not yet sufficient grounds for a citizen to be recognized as a chronic patient for these diseases.
- the commission by parents of an intentional crime against the life or health of their children, or against the life and health of their spouse, as proven by a court verdict that has entered into legal force.
This list of grounds for deprivation of parental rights is exhaustive.
Thus, the presence of HIV-positive status is not a basis for deprivation of parental rights.
8. Can HIV-infected citizens adopt children?
Answer:
According to Art. 127 of the Family Code of the Russian Federation, adoptive parents cannot be persons who, for health reasons, cannot exercise parental rights or who live together in a residential building with persons suffering from diseases that pose a danger to others. The list of diseases in the presence of which persons for health reasons cannot exercise parental rights, and the list of diseases that pose a danger to others, if present in persons living together in a residential building, are established by the Government of the Russian Federation.
The human immunodeficiency virus (HIV) is included in the list of diseases that pose a danger to others (RF Government Decree No. 715 dated December 1, 2004). Thus, the presence of HIV infection may be an obstacle to the adoption of a child.
Part 1 art. 122 of the Criminal Code of the Russian Federation - knowingly putting another person at risk of contracting HIV infection
Object of crime . The direct object of the crime is the life and health of a specific victim, whom another person knowingly put at risk of infection or infected with HIV infection.
The crimes provided for in paragraphs 2 - 4 of Article 122 of the Criminal Code of the Russian Federation encroach on the same object (human life and health).
The objective side of putting another person at risk of contracting HIV infection is expressed by an act in the form of an action or inaction, which in given specific conditions can lead to infection of another person, and if this infection does not occur, then only due to random circumstances or measures taken by the victim or third parties persons.
The possibility of committing a crime through inaction is explained by the fact that a number of persons are required by regulatory legal acts not to create a threat of HIV infection. In particular, any person who is a carrier of HIV must be notified by an employee of a medical institution of the need to take precautions to prevent the spread of the disease and of criminal liability for endangering and infecting another person with HIV infection.
The method of committing a crime does not affect qualifications and is determined by the method of spreading the immunodeficiency virus: through sexual intercourse, through blood in the process, for example, transfusion, etc.
The crime under Part 1 of Art. 122 of the Criminal Code of the Russian Federation is formal and is considered completed from the moment another person is placed at risk of infection.
The subjective side of the crime is expressed by direct intent, since the law states “deliberately putting in danger of contracting HIV infection.”
Knowingly means that a person deliberately violates the precautionary rules, knowing for certain about the possibility of infection of the victim. In a situation where the subject observes all precautions, liability under Part 1 of Art. 122 of the Criminal Code of the Russian Federation is excluded.
The subject of the crime provided for in Part 1 of Art. 122 of the Criminal Code of the Russian Federation - a sane individual who has reached the age of 16. It can be either a person infected with HIV or anyone else who can put the victim at risk of contracting HIV infection, for example, a person who distributes, induces drug use, or provides a syringe after use by an HIV-infected drug addict. The subject may be, for example, an employee of a medical institution. The subject of the crime is common.
The danger of HIV infection
Criminal liability for HIV infection is established by legislative standards in many countries around the world, including Russia. In accordance with the current norms of the Criminal Code of the Russian Federation, intentionally infecting a person with an infection is a crime against health and carries criminal liability.
It is worth noting that this disease can only be contracted through sexual contact, if you do not use contraception, when using non-sterile medical equipment associated with the use of blood, and also through breast milk.
In recent years, HIV infection has become a real medical problem for all of humanity. Until now, scientists have not found a cure that would help us get rid of this scourge. Therefore, in many countries around the world, the spread of this disease is epidemic, which has led to the creation of criminal regulations for the prosecution of HIV infection.
In fact, symptoms of the infection may not appear for many years. Based on this, we can say that even an infected person does not always know about the existence of the disease. The HIV virus causes problems with the human immune system, which acts as a kind of shield against the action of a variety of bacteria that can cause diseases of varying severity.
The virus has a negative effect on the immune system, gradually weakening it and shutting it down. Essentially, this means that if harmful bacteria enter the human body, it will automatically contract the disease, since its immunity is not able to fight and protect human health.
As medical professionals note, HIV symptoms may not appear for a long period of time (from 10 to 15 years), but this does not in any way reduce the risk to a person’s life. In the presence of infection, the immune system does not function, and therefore even the most harmless disease can become fatal for a person.
Author of the article
Note to Article 122 of the Criminal Code of the Russian Federation
According to the note to Article 122 of the Criminal Code of the Russian Federation, an HIV-infected person is exempt from criminal liability if three conditions are met simultaneously:
1) the act committed by him falls under Part 1 or Part 2 of Article 122 of the Criminal Code of the Russian Federation;
2) the victim was promptly warned about the presence of this disease in the HIV-infected person, i.e. before committing actions that create a threat of infection, for example, before engaging in sexual intercourse with an HIV-infected person, before injecting a drug with a syringe used before by an HIV-infected person, etc.;
3) the victim voluntarily agreed to commit such actions. In this case, it does not matter whether the HIV-infected person himself or other persons, for example, relatives, friends, acquaintances, etc., warned the victim about the presence of the disease, since the condition for release is only the voluntary actions of the victim, who was timely informed about the danger of contracting HIV infection, and non-HIV-infected person.
Responsibility
If a citizen has placed another person in a dangerous position due to the risk of contracting HIV infection, he is deprived of liberty for a period of one year, or by arrest for six months, or by forced labor for a period not exceeding one year, at the discretion of the court and the penal inspection.
If a person knowingly knew that he had such a disease, he is deprived of liberty for a term of five years . If a crime is committed against a minor or several persons, then such a crime is punishable by imprisonment for a term exceeding eight years .
If a person has become infected with HIV as a result of poor quality and dishonest performance of any of his duties, then he is punished by deprivation of the right to hold certain positions, as well as forced labor, arrest or imprisonment for a period prescribed by a court verdict.
Release from liability
In practice, criminal law knows cases where HIV infection is not punishable by law .
This happens if the victim was notified in advance that the person is HIV positive.
Most often, this happens within married couples, where one of the spouses consents to contracting HIV infection.
In this case, the infected person is not criminally liable, and the victim is not.
General
What is HIV? This question interests many people who have heard about this disease more than once from others. So, as it turned out, HIV is a viral infection that penetrates the human body and begins to slowly destroy it. Thus, a person’s immunity is greatly reduced, he begins to get sick often and can die from any disease that would not be fatal for a healthy citizen.
Special Qualification
But what can an attacker living with a diagnosis of HIV expect if, knowing about his diagnosis, he infected a citizen who is not even 18 years old or several people with the virus? If the criminal act is proven, the latter will face the punishment specified in Part 3 of Art. 122 of the Criminal Code of the Russian Federation. And this is up to eight years in places of isolation from society. In addition, in the form of additional sanctions, the judicial authority may impose a ban on engaging in certain types of activities.
Responsibilities of an HIV-infected person
Every citizen with HIV must remember that his HIV-positive status imposes certain responsibilities on him. In simple terms, they consist of the elementary - caution. An HIV-infected person should not endanger or infect other citizens with HIV. Doctors tell every HIV-infected person about how infection occurs and the necessary measures to prevent the spread of the virus when they report test results.
What threatens a person with HIV who does not fulfill his duties?
Administrative responsibility
Art. 6.1 of the Code of Administrative Offenses of the Russian Federation provides for liability for the concealment by a person suffering from HIV infection or a sexually transmitted disease of the source of infection, as well as persons who had contacts with the said person that create a risk of contracting these diseases. Committing this offense entails the imposition of an administrative fine in the amount of 500 to 1000 rubles.
In my opinion, a very strange article... Not very promising. But still it exists.
Legally important introduction
In the minds of most people, the acronyms “HIV” and “AIDS” are usually synonymous – but this is not the case. There is a fundamental difference between them:
- AIDS is acquired immunodeficiency syndrome, a condition in which a person completely or partially loses immunity.
- HIV is the virus that usually causes AIDS.
HIV itself is not a disease : a person can be its carrier without even knowing it. Moreover, this virus itself does not kill humans. However, when HIV infection develops in the body, the immune system is suppressed - and then any other disease becomes fatal.
According to statistics, if HIV infection has reached the AIDS stage, the remaining life of the patient is about 9 months. With timely treatment, an HIV-infected person can live for decades, but this requires specific and expensive therapy (HAART).
Precisely due to the fact that HIV infection is a chronic and still completely incurable disease, legislation provides for liability for those who deliberately expose other people to even the risk of infection. If, as a result of the actions of the perpetrator, the virus was transmitted and the disease began to develop, the severity of the punishment increases. Finally, if several people are infected, or a minor is infected, the liability becomes as severe as possible.
In other words: medicine does not classify the presence of HIV as a disease, this follows from the meaning of the Universal Declaration of the Rights of Patients with AIDS, as well as Federal Law of March 30, 1995 N 38-FZ, but the presence of the virus puts a person in a state dangerous to life and health , so as does not exclude severe and fatal outcomes.
What do you need to know?
The most common ways of contracting a fatal disease:
- sexual intercourse without contraception (condoms), as well as promiscuity on the side;
- through blood - most often drug addicts become infected in this way, who do not wonder about the fact that they can get HIV, because the main thing for them is to get the desired dose of a prohibited substance;
- from mother to child - the danger for the baby here is manifested in the fact that the mother may not take special therapy so that her child is born without the presence of this virus in the blood, and the latter can also infect the baby through breast milk, which is extremely dangerous; (childbirth in HIV-positive women is carried out only by caesarean section);
- through the seminal fluid of a man or the vaginal secretion of a woman;
- unsterile and contaminated medical instruments;
- You can become infected with HIV through saliva only if there is a wound in the patient’s mouth and the saliva is mixed with the blood of the infected person.
However, a person infected with this virus may not know for a long time that he has a terrible disease. Will there be liability under Art. in this case? 122 of the Criminal Code of the Russian Federation? The answer here is simple. Of course, a person who did not know that he was infected with HIV and did not follow the precautionary rules will not be prosecuted under this article for what he did. After all, there was no intention in his actions to cause irreparable harm to the health of another person.
Nuance
If a person infected with a fatal disease warned another person about his illness in advance, then the HIV patient is exempt from punishment if the partner is still infected. Most often this happens between spouses and cohabitants. After all, many people simply turn a blind eye to the fact that a loved one has HIV and live with it.
It should also be noted here that in this case only those persons who committed the acts recorded in parts one and two of Art. 122 of the Criminal Code.
Responsibility to your spouse
The Family Code (Article 15 of the RF IC) also contains a mention of the responsibility of a citizen who gets married and hides the presence of HIV: If one of the persons entering into marriage hid the presence of a venereal disease or HIV infection from the other person, the latter has the right apply to the court to have the marriage declared invalid . At the same time, the statute of limitations for cases of this category is one year from the moment the person learned or should have learned about the presence of the disease.
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In conclusion, I would like to remind everyone of the need to take care of their health and the health of their loved ones.
Rights of people living with HIV
The most important thing is that every person, regardless of their HIV status, should know and understand - an HIV-infected person is a person like everyone else, he has all the rights that are provided for by the Constitution of the Russian Federation. People living with HIV should not become outcasts.
Separately, the rights of HIV+ are spelled out in the Law “On Preventing the Spread of Disease Caused by HIV Infection in the Russian Federation”
1. The right of an HIV-infected person to receive information about the results of a medical examination - A person who has undergone a medical examination for HIV infection has the right to know about the result of this examination. If HIV infection is detected, employees of the medical organization that conducted the examination, in addition to the examination result, are also required to advise on the need to take precautions to prevent the spread of HIV infection, on guarantees of respect for the rights and freedoms of HIV-infected people, as well as on criminal liability for putting danger of infection or infection of another person, provided for in Art. 122 of the Criminal Code of the Russian Federation.
If the examination was carried out by a minor or a citizen declared incompetent, the results are reported to one of the parents or another legal representative.
2. The right of HIV-infected people to receive medical care. HIV-infected people are provided with all types of medical care for medical reasons on a general basis, and they enjoy all the rights provided for by the legislation of the Russian Federation on protecting the health of citizens.
3. Every HIV-infected person has the right to receive free HAART, Highly Active Antiretroviral Therapy. Prescribing HAART and choosing medications is within the competence of the doctor. HAART is not mandatory for an HIV-infected person; everyone can choose for themselves whether they want to receive this therapy or not.
4. The right to live with family. Very often they try to deprive citizens of another country of this right. They are prohibited from entering the Russian Federation. Authorized bodies refuse to grant a temporary residence permit in the Russian Federation, make decisions on the undesirability of stay (residence) in the Russian Federation, or deportation.
It would seem that this issue was resolved long ago (it was not resolved without the intervention of the ECHR) and permission should not be denied to a citizen solely on the basis of HIV infection. But the fact remains that foreign citizens who have families in Russia (parents, wives, children), but who have a positive HIV status, are deprived of the right to family life.
Very often such decisions are illegal and must be appealed in court. The right of HIV-infected foreign citizens to reside on the territory of the Russian Federation is a very important, but voluminous topic worthy of a separate publication.
5. The right to receive compensation for harm. If a person was infected with HIV in a hospital as a result of improper performance of his job duties by a medical worker, then he has the right to compensation for material and moral damage in the manner prescribed by civil law. At the same time, the medical organization will be held accountable for the actions of its employee.
In addition, part 4 of Art. 122 of the Criminal Code of the Russian Federation provides for criminal liability for infecting another person with HIV infection as a result of the person’s improper performance of his professional duties. Unlike civil liability, the employee himself is directly brought to criminal liability.
Most often, cases of HIV infection in medical institutions occur when using disposable syringes and catheters several times (in order to save money), using unsterile instruments, etc. However, in order to prove the fact that the infection occurred in the hospital, it will take a lot of effort try and often it is simply impossible to do without the help of lawyers and medical experts.
The most important
So, as mentioned earlier, infecting a healthy person with HIV is punishable by law. Responsibility for intentionally infecting another person is prescribed in Art. 122 of the Criminal Code of the Russian Federation. The object of this crime is the safety of human life and health. After all, this is exactly what a criminal attempts to do by infecting other people with HIV.
In addition, there are frequent cases of infected people smearing railings in entrances with their blood, as well as scattering used syringes or sticking them into seats in cinemas and other public places. The latter did this in order to infect as many healthy people as possible with a dangerous disease. Most of the infected wanted to do this out of revenge.
How and where to undergo a medical examination for HIV infection
Anyone can undergo a medical examination for HIV infection (HIV test), free of charge. To do this, you need to contact the Center for Prevention and Control of AIDS or a clinic at your place of residence and donate blood. It is best to do this on an empty stomach.
You can take the test anonymously. (clause 2 of article 8 of the Law “On preventing the spread of HIV infection in the Russian Federation”)
Article 9 of the Law “On Preventing the Spread of HIV Infection in the Russian Federation” defines the circle of persons required to undergo a medical examination. Thus, donors, medical and scientific workers of specialized institutions, foreigners and stateless persons arriving in the Russian Federation for a period of more than 3 months are required to undergo examination.
It is also necessary to take an HIV test before a planned operation, for pregnant women and some other categories of citizens.
