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- Confirm the documents: forgery of certificates of dangerous diseases may be introduced into the Criminal Code
Confirm the documents: forgery of certificates of dangerous diseases may be introduced into the Criminal Code
The Criminal Code may introduce liability for forgery and trafficking of documents on the absence of diseases that pose a danger to others. Such a bill was supported by the Cabinet of Ministers, Izvestia found out. We are talking, for example, about tuberculosis, hepatitis, HIV, and mental disorders. Now there is an article for forgery of documents in general, but it does not allow closing the loophole for fake medical certificates that allow people with infectious or socially dangerous diseases to hide their condition, experts say. How the mechanism will work is described in the Izvestia article.
Why do I need certificates of dangerous diseases?
A new article may appear in the Criminal Code of Russia, which introduces responsibility for forgery and circulation of certificates of absence of diseases that pose a danger to others. Such a bill was developed by deputies Irina Yarovaya and Oleg Morozova, it received a positive assessment from the government (the review is available to Izvestia).
The deputies' initiative is aimed at strengthening control in the field of public health, Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association, told Izvestia. He added that the document had been approved by key ministries and law enforcement agencies: in particular, the Interior Ministry, the FSB, the TFR and the Prosecutor General's Office.
"The bill is intended to close a dangerous legal gap related to the circulation of forged documents on the absence of socially significant diseases," he said. — This will make it possible to combat practices that threaten the epidemiological well-being of the population and allow unscrupulous individuals to circumvent mandatory medical examinations, for example, when applying for jobs in certain areas.
The list of diseases that pose a danger to others is approved by the government of the Russian Federation, he recalled. It includes infections such as, for example, cholera, plague, chronic infectious diseases (tuberculosis, leprosy), as well as diseases that require control to prevent mass spread. The most relevant example is the coronavirus infection, which was added to the list in 2020.
According to Vladimir Gruzdev, now the forgery of medical certificates, including those related to dangerous diseases, is qualified under the general rule — Article 327 of the Criminal Code of the Russian Federation ("Forgery, manufacture or trafficking of forged documents, state awards, stamps, seals or forms"). Amendments to the Criminal Code should ensure more proportionate and effective punishment for acts that pose a particular threat to the life and health of the population in modern conditions.
"The main purpose of the bill is to create a deterrent against corruption schemes and shadow circulation in medical records," he believes. — The introduction of a special corpus delicti will allow for more effective and targeted counteraction to the illegal trafficking of forged medical certificates. They are used to circumvent mandatory preventive measures and can contribute to the spread of dangerous diseases.
In 2024, the number of court cases under Article 327 of the Criminal Code of the Russian Federation related to forgery of documents increased to almost 4 thousand, an increase of more than 30% over the year, said Sofya Lukinova, head of the legal department of VMT Consult.
— About 11 thousand people have been punished for these crimes. At the same time, both manufacturers of certificates and those who purchase, store and transport such documents are being prosecuted — for their own needs or for resale," she said.
According to the expert, mostly documents are forged in order to gain benefits in the form of access or lifting restrictions for some kind of activity.
— For example, certificates confirming mental health are forged for driving a car. Also, for access to work, to receive compensation, social benefits from the state and the employer," said Sofya Lukinova.
Why do they hide dangerous diseases?
Fake certificates of absence of a socially dangerous disease are ordered mainly for employment in positions related to working with people, for example, in kindergarten, school, police. That is, where it is required to provide a medical document confirming the absence of such diseases, the expert added.
— We associate the increase in the number of forgeries of certificates and other documents primarily with the availability of distribution channels, — said Sofya Lukinova. — Now they will provide almost any certificate for money, also with the use of AI technologies.
In addition, the separate composition of the Criminal Code will provide more precise criteria for investigation and trial. Among the disadvantages: the risk of criminalizing formally "non-dangerous" cases if the wording of the law is too broad or vague, said lawyer and human rights activist Ekaterina Alexandrovich.
"There is also a risk of violating medical confidentiality and patient rights by excessively collecting and distributing data to verify the authenticity of certificates," the expert believes. — There is a possibility of corruption and abuse during inspections, for example, pressure on doctors or administrative abuses. As well as stigmatization of patients, which may prevent them from seeking medical help.
According to Ekaterina Alexandrovich, it is necessary to balance the norms: stricter liability should be accompanied by guarantees of rights and transparent verification procedures.
A separate article in the Criminal Code is necessary, despite the existence of a norm on forgery of documents, because of the potentially dangerous consequences, Sofya Lukinova believes.
"The public threat from passport forgery is relatively low and fraught with trouble for an individual," she pointed out. — This harm is incomparable with the likely spread of HIV or tuberculosis.
What are the risks?
Mental disorders are a heterogeneous group of conditions, and by themselves they do not mean danger to others, said neuropsychologist Maria Todorova.
— There is still a simplified and largely erroneous logic in the public consciousness, according to which any psychiatric diagnosis is automatically equated with aggression and unpredictability. This is not the case," she stressed. — Moreover, a significant part of mental disorders during accompaniment and therapy does not affect social security at all.
At the same time, there are certain severe conditions in which behavior control may actually decrease, criticism of one's actions may increase, impulsivity or the risk of aggressive reactions may increase. It is precisely such clinical cases that should be the focus of attention — not mental disorders in general, but specific diagnoses and specific functional limitations confirmed by the medical commission.
Deputy Speaker of the State Duma Irina Yarovaya has previously proposed health-related initiatives. On Monday, December 15, she proposed to develop methodological recommendations for schools and parents on the prevention of so-called school diseases related to vision, posture and digestion. And in February 2025, a bill on medical examination of migrants was prepared. The regulations are aimed at strengthening the control over the health of foreigners who come to the Russian Federation.
The amendments envisage shortening the medical examination period for foreigners from 90 to 30 days, strengthening responsibility for false medical documents and creating a unified register of accredited medical institutions. It was also proposed to expand the list of infectious diseases for which foreign citizens are checked.
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