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Герб России

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 7, 2014 No. AKPI14-567

About refusal in allowance of the application about recognition of partially invalid article 8 of the schedule of diseases of appendix No. 1 to the Instruction about procedure for conducting military-medical examination and medical examination in law-enforcement bodies of the Russian Federation and internal troops of the Ministry of Internal Affairs of the Russian Federation approved by the Order of the Ministry of Internal Affairs of the Russian Federation of July 14, 2010 No. 523

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Petrova T. A.,

in case of K.N. secretary,

with participation of the prosecutor Stepanova L. E.,

having considered in proceeding in open court civil case according to K.N. statement for recognition of partially invalid Article 8 of the schedule of diseases of appendix No. 1 to the Instruction for procedure for conducting military-medical examination and medical examination in law-enforcement bodies of the Russian Federation and internal troops of the Ministry of Internal Affairs of the Russian Federation approved by the order of the Ministry of Internal Affairs of the Russian Federation of July 14, 2010 No. 523,

established:

appendix No. 1 to the Instruction about procedure for conducting military-medical examination and medical examination in law-enforcement bodies of the Russian Federation and internal troops of the Ministry of Internal Affairs of the Russian Federation approved by the order of the Ministry of Internal Affairs of the Russian Federation of July 14, 2010 No. 523 (further - the Instruction), establishes requirements to the state of health of separate categories of citizens.

The Item "and" of Article 8 of the schedule of diseases of appendix No. 1 to the Instruction carries to diseases malignant new growths (except tumors of nervous system, lymphoid, haematogenic and related it fabrics) in case of impossibility of radical removal and availability of the remote metastasises; conditions after radical removal of initial tumor with regionarny metastasises that in the column III "category of the validity to service" corresponds to category D - it is not suitable for service in law-enforcement bodies.

K.N., dismissed from service in law-enforcement bodies based on Item 1 of part 3 of article 82 of the Federal Law of November 30, 2011 No. 342-FZ "About service in law-enforcement bodies of the Russian Federation and modification of separate legal acts of the Russian Federation" (further - the Federal Law), appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid the specified normative provisions, referring to the fact that now they are not subject to application as the Instruction is approved based on the order of the Government of the Russian Federation of February 25, 2003 No. 123 "About approval of the Regulations on military-medical examination" (further - the Resolution No. 123) which voided in connection with adoption of the order of the Government of the Russian Federation of July 4, 2013 No. 565 "About approval of the Regulations on military-medical examination" (further - the Provision). Considers that Article 8 of the schedule of diseases appendix №1 to the Instruction contradicts Article 8 of the schedule of diseases of appendix to the Provision and violates its right to work.

The Ministry of Internal Affairs of the Russian Federation (further - the Ministry of Internal Affairs of Russia) in written objections specified the statement that according to part 5 of article 9 of the Federal Law of the requirement to the state of health of staff of law-enforcement bodies are established by the head of federal executive body in the sphere of internal affairs. At the same time the requirements to the state of health established in appendix to the Provision do not extend to the staff of law-enforcement bodies.

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