ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 17, 2007 No. 522

About approval of Rules of determination of severity of the harm done to health of the person

1. Approve the enclosed Rules of determination of severity of the harm done to health of the person.

2. To the Ministry of Health and Social Development of the Russian Federation:

approve medical criteria of determination of severity of the harm done to health of the person;

make necessary explanations on application of the Rules approved by this resolution.

Approved by the Order of the Government of the Russian Federation of August 17, 2007 No. 522

Rules of determination of severity of the harm done to health of the person

1. These rules establish procedure for determination when conducting forensic medical examination of severity of the harm done to health of the person.

2. The harm done to health of the person is understood as violation of anatomic integrity and physiological function of bodies and tissues of the person as a result of impact of physical, chemical, biological and mental factors of external environment.

3. The harm done to health of the person is determined depending on degree of its weight (severe harm, average weight harm and little harm) based on the qualifying signs, stipulated in Item 4 these rules, and according to the medical criteria of determination of severity of the harm done to health of the person approved by the Ministry of Health and Social Development of the Russian Federation.

4. The qualifying signs of weight of the harm done to health of the person are:

a) concerning severe harm:

harm, life-threatening person;

loss of sight, speech, hearing or any body or loss of its functions by body;

termination of pregnancy;

mental disturbance;

disease of drug addiction or toxicomania;

indelible disfiguration of person;

considerable permanent loss of general working capacity on one third at least;

complete loss of professional working capacity;

b) concerning average weight of harm:

long disorder of health;

considerable permanent loss of general working capacity less than on one third;

c) concerning little harm:

short-term disorder of health;

insignificant permanent loss of general working capacity.

5. For determination of severity of the harm done to health of the person availability of one of the qualifying signs suffices. In the presence of several qualifying signs weight of the harm done to health of the person is determined by that sign which corresponds to bigger severity of harm.

6. Severity of the harm done to health of the person is determined by the doctor - the forensic scientist of medical institution or the individual entrepreneur having special knowledge and having the license for implementation of medical activities including works (services) in forensic medical examination (further - the expert).

7. Object of forensic medical examination is living person, or corpse (its part), and also the case papers and medical documents made available to the expert in accordance with the established procedure.

Medical documents shall be authentic and contain exhaustive data on nature of damages and their clinical current, and also other data necessary for conducting forensic medical examination.

If necessary the expert constitutes the petition for provision to it additional materials on receipt of which conducting forensic medical examination is resumed.

8. In case of need for special physical examination live persons are involved in conducting forensic medical examination specialists doctors of the organizations in which there are conditions necessary for carrying out such inspections.

9. When conducting forensic medical examination concerning the living person having any disease preceding injury or damage of part of body with fully or partially earlier lost function only the harm done to health of the person, caused by injury and prichinno with it connected is considered.

10. Severity of the harm done to health of the person in the presence of the damages which arose from the numerous injuring impacts (including in case of delivery of health care), is determined separately concerning each such impact.

If multiple damages mutually burden each other, determination of severity of the harm done to health of the person is made on their set.

In the presence of damages of different prescription of origin determination of severity of the harm done to health of the person by each of them is made separately.

11. In case of determination of severity of the harm done to health of the person who entailed mental disturbance and (or) disease of drug addiction or toxicomania, forensic medical examination is carried out by the commission of experts with participation of the psychiatrist and (or) narcologist or toxicologist.

12. In case of determination of severity of the harm done to health of the person who entailed termination of pregnancy, forensic medical examination is carried out by the commission of experts with participation of the doctor of the obstetrician-gynecologist.

13. Severity of the harm done to health of the person expressed in indelible disfiguration of his face is determined by court. Production of forensic medical examination is limited only to establishment of indelibility of the specified damage.

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