Sergey Yarkov: History of one defeat?

Sergey Yarkov: History of one defeat?

On a site Change.org where there is a petition under the most different petitions and addresses, Sergey Yarkov’s letter one of the most popular. Since the beginning of June under it more than 150 thousand people were signed. Chained to a wheelchair because of a serious genetic disease the young man from the city the Builder (Belgorod region) asks officials – stop tortures, give out me the special wheelchair put on the law.

If everyone, put the signature, has given on three rubles, a wheelchair necessary for Sergey an Observer-hybrid with the electric drive and management of the joystick, combining functions ступенькохода, it was already possible to buy, however he refuses such way, considering as much more important to break system, to create precedent, having facilitated life to other disabled people.

This history is rather typical. As in respect of some moments of a having place of judicial proceedings, and in that, as to the approach to attempts to achieve from the state put.

Serezhi Yarkov has a rare genetic disease, Verdinga-Goffman’s spinal amyotrophy. It means defeat of a spinal cord and a progressing muscular atrophy. To go it unable and to sit long too. The unique possibility though somehow to move is a carriage.

On the street the young man can get, only when two healthy men lower it, together with a carriage, on a ladder from the second floor. Yarkov’s family tried to achieve long ago from housing and communal services of installation of the lift, and here, half a year ago has been decided to appeal to court.

In court also it has become clear what to establish the lift in a panel high-rise building simply it is impossible, even if fire requirements would allow. Then Sergey has changed claim requirements, has added in respondents of the Social Insurance Fund and a social security and began to achieve that it was given out a carriage of Observerгибрид which combines carriage functions with the electric drive and ступенькохода. Such the people telling about the life with amyotrophy praised on the Internet.

The court of the first instance ascertained: this model is not included in the individual program of rehabilitation, and as representatives of SME bureau specified, it is not included at all into the list of means of rehabilitation with which disabled people can be supplied.

However according to the Universal declaration of human rights, the Declaration on the rights of disabled people and other international norms it is stipulated that disabled people have the right to respect of their human dignity, and whatever was the character and gravity of their mutilations or shortcomings, they, as well as other citizens, have the right to satisfactory life which should be as much as possible normal and sanguineous.

The court has considered that for lack of the lift and ступенькохода Sergey Yarkov remains restrained in the right to normal life, and so, the state should assume care of that it has had an opportunity to happen on the street. And for this purpose the Social insurance fund should provide it with Observerгибрид carriage.

International norms not decree. And Constitution of the Russian Federation too

The court of the second instance where the fund has addressed with the appeal complaint, has decided that time in the Russian legislation is not present such norms which would oblige the Social Insurance Fund to give out to the disabled person the mean not provided by the individual program, the reference to the international norms is incorrect. Also has cancelled the first decision, having refused to Yarkov satisfaction of claim requirements. Thus the 15th article of the Constitution of the Russian Federation to which it is established that the conventional principles and norms of international law are a component Russian legal system, has been ignored.

After the completion of judicial proceedings Sergey has checked and was convinced – Observerгибрид is included into the existing list of means of the technical rehabilitation, approved by the government of the Russian Federation. However, as he specifies in the petition, the head of MSE No. 20 bureau of the city Builder V. Gavrilov has refused to enter in the individual program of rehabilitation of the characteristic of this model, referring to A.Belikov, the representative of the main bureau of expert structure No. 3.

On a site where there is a petition under Sergey Yarkov’s requirement to officials to give out it a carriage-stupenkokhod, it was answered by the head of department of a social security of administration of the Belgorod region Yury Massalitin.

«The Belgorod regional court it was recommended to you to receive medical decision about need of a wheelchair of Observer the Hybrid and, if necessary, to pass even independent expert medical appraisal. Specialists of management addressed repeatedly in charity foundation «AIF. Kind heart» with a request for allocation to disabled people of the region of those to means of rehabilitation which are not included in the approved list. After telephone conversation with specialists of Fund it has been found out that without medical certificate about the indication to you Observer wheelchairs the Hybrid, a question of fund raising on its acquisition cannot be considered», – the official writes.

Its arguments repeat and in the comment which at the desire of "Neinvalid" distances in the press service of the Social Insurance Fund of the Russian Federation – social insurance fund, buying for disabled people rehabilitation means, is guided by the individual program of rehabilitation. Also cannot leave out of its limits.

Let’s note, in the Federal Service for Supervision of Health Care and Social Development and the federal Ministry of Labour and Social Protection of the address with a request to answer a number of questions on a situation with Yarkov have ignored.

It is necessary to ascertain: the state system recognised impossibility to provide to Sergey possibility to leave the flat by means of the lift or ступенькохода, and has not offered any options of a solution.

Decisions are not present. But the exit – is!

As we already spoke, the history which has occurred in the Belgorod region, in many respects is typical. Not so long ago the lawyer of Synod department of charity and social service Natalia Starikova told to a portal «Orthodoxy and the world» about similar cases when disabled people try to achieve means of rehabilitation relying by it by means of petitions, letters to the authorities and the public addresses. As a rule, it does not lead to desirable result. Simply because officials, even understanding and properly dividing experiences of these people, are compelled to submit to instructions, rules and laws.

In a case with Yarkov everything rests against the individual program of rehabilitation. Yes, in hospital where Sergey applied to modify IEPER, to it have refused. And in bureau of medicolegal examination too, having referred to the higher administration. However in the legislation the order of the appeal of decisions of the state or municipal authorities which are not arranging the citizen is provided.

So, refusal of BSME reconsider the program of rehabilitation can to be appealed in regional, regional, and then and federal bureau. Besides, the 25th article of the Code of civil procedure of the Russian Federation provides also the corresponding legal proceedings.

As Starikova specifies, in IEPER can be included not only means, but also, for example, services of teachers, psychologists, various rehabilitation programs. «In all that it is brought in IEPER, to the disabled person any more have not the right to refuse: it is the document, obligatory for execution and public authorities, and local governments», – she speaks.

It is possible to make changes to IEPER, also individual programs of rehabilitation are renewed at the next survey. The specialist of Synod department in charity recommends to be reserved in advance by recommendations of doctors and if there is a need, opinions of independent experts. As, as practice shows, to BSME do not carry out additional researches and work with the provided data.

So, for Sergey Yarkov there is a chance to receive from the state a carriage-stupenkokhod. The question only in, whether will suffice at it forces to pass one more difficult trial.

Sergey Yarkov: History of one defeat?

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