Face-to-face certificate: punishment is provided for forged medical documents
Last week, a law came into force criminalizing the production and use of forged medical documents confirming the absence of diseases that "pose a danger to others." The initiative is quite sound, but the norm can outlaw many Russians due to legal imperfections. Izvestia, together with lawyers and doctors, investigated the situation.
Theoretical impact
On June 20, Article 235.2 of the Criminal Code of the Russian Federation came into force, which establishes liability for forgery and trafficking of documents on the absence of diseases that pose a danger to others. For producing fakes for the purpose of selling or using such certificates, one can face up to four years in prison with a fine of up to 1 million rubles. If it is a dangerous infectious disease, the penalty is up to five years in prison with a fine of up to 1.5 million rubles. In the case of forgery using information and telecommunication technologies, as well as by a group of persons, or using their official position or for the purpose of committing (concealing) a crime, the term is increased to six years, and the fine is up to 2 million rubles. The most severe punishment is provided for actions as part of an organized criminal group that inadvertently caused mass infection of people or other serious consequences.
— The legislator implies that responsibility will come if a person has a disease, and with the help of a fake certificate he is trying to gain access, for example, to a certain type of activity, — lawyer Pavel Korniako commented on the situation to Izvestia. — Accordingly, the manufacturer will also be responsible for the implementation of such documents.
The lawyer clarifies that the list of dangerous infectious diseases is established by Decree of the Government of the Russian Federation No. 715 dated December 1, 2004 and Order of the Ministry of Health of the Russian Federation No. 1079n dated November 19, 2021. These include HIV, viral fevers, helminthiasis, hepatitis (B, C), plague, and cholera.
— According to the logic of the law, in order to bring to criminal responsibility, the presence of one of these diseases in the person involved in the investigation is necessary, — says Korniako. — However, investigative and judicial practice has not yet been formed. There may be different enforcement options.
Dangerous gaps
However, it does not follow from the very article of the Criminal Code of the Russian Federation that in order to be criminalized for using forgery, it is necessary to suffer from an ailment from the list. In any case, this is not explicitly stated in the current version.
"According to the legal position of the Plenum of the Supreme Court of the Russian Federation, a document is forged if it contains deliberately false information (paragraph 8 of Resolution No. 43 of October 17, 2020). In this regard, it is not the actual state of health of the document holder that matters for criminal liability under Article 235.2 of the Criminal Code, but the failure to follow proper medical procedures when issuing it. The document itself must certify the facts of these procedures in accordance with the established procedure, therefore, their deliberate non—fulfillment makes the document fake in its essence," the explanatory note to the bill says. That is, if you really want to, then you can attract according to the article and without the presence of a disease hidden from control.
— In my opinion, the problem lies in a single approach to all medical services, — says lawyer Ekaterina Krasnova. — The law is designed to combat counterfeiting in socially significant areas, but it covers all certificates of absence of dangerous diseases, including those required for formal procedures such as participation in amateur races and sports competitions; obtaining a driver's license; registration of guardianship and guardianship; admission to sports clubs, children's camps, etc. and so on.
In her opinion, severe punishment and strict control are necessary when it comes to work in educational and medical institutions, migration control for entry into the country, and medical examinations for admission to socially significant professions.
— The reality is that in order to realize your rights and needs, you need to get several certificates for yourself, your loved ones, and your children during the year. The shortage of doctors remains huge. And certificates are needed constantly and on time. In the first nine months of 2025 alone, 70 million users downloaded more than 1.5 billion electronic medical documents.
In some cases, a person is forced to go against the law, the lawyer states.
— People search the Internet for an urgent solution and find it. They hardly think about the purity of the procedure at this moment. Is this a violation? Definitely. But is the punishment of 2-4 years in prison for a formal paper comparable to the severity of the offense?
According to Krasnova, it is certainly necessary to fight counterfeiting, but the infrastructure is also needed to receive any medical certificates without hindrance.
Statistics on the types of references
Stricter responsibility for certificates may lead to an increase in queues and deadlines for registration.
— Doctors are already overloaded, getting a legal certificate will take even longer, — says Krasnova. — With tougher penalties, the cost and risks will increase for the shadow market of fakes, but the demand will not disappear. We should also expect an overload of the law enforcement system. There are thousands of cases waiting for us on race certificates or getting a driver's license.
She noted that it would be especially difficult in remote regions, where it would be almost impossible to obtain a legal certificate.
Alternative solution
In her opinion, the authorities should restore order in areas where medical services are massively needed, so as not to create conditions for violating the law.
— A digital register of certificates is needed for socially significant areas. For education, medicine and migration, this is the creation of a single electronic database with real survey results, available at the request of the employer, without the need to carry a paper certificate.
A differentiated approach is also needed: in some cases, it is worth considering whether a certificate is needed in principle to participate in events, Krasnova believes.
— In other situations, the certificate can be replaced, for example, with life and health insurance, — says the lawyer.
Mass sports in sorrow
Sports and entertainment are segments where the proportion of fictitious references is as high as possible. As a rule, we are talking about health certificates. The wording "there are no contraindications to participation", which is usually used, is ideally suited for the composition of Article 235.2 of the Criminal Code of the Russian Federation, since by definition it includes the absence of dangerous diseases, says Krasnova.
— The certificates required for admission to mass races, swims, and cycling races indicate that the athlete is allowed to compete. Yes, it's about the state of health, but such a conclusion can also be interpreted as the absence of dangerous diseases — that is, if a participant brings such a fake document, he may be criminally liable for using forgery and for manufacturing.
Krasnova explained that the buyer of forged certificates is almost always responsible for complicity in the production of the document.
— He provides his personal data or a photo, and these are actions for the law enforcement officer that contribute to the manufacture of forgery.
Word to the doctor
Mass sports and amateur races are rapidly gaining popularity in Russia, but the system of medical admission to competitions still remains in the "gray zone" and is not actually regulated. Certificates are often issued on arbitrary forms and without a standardized list of examinations. Izvestia interviewed several organizers of such events, and each of them admitted on condition of anonymity that volunteers often identify documents with signs of forgery.
— As a rule, they print on a color inkjet printer, it happens that they purchase blank letterheads with seals, — the source told Izvestia. — Such a lime tree costs 500 rubles. However, there are medical centers that stamp permits without tests — they will also be considered fake in the event of an investigation, because there are no confirmatory examinations or tests for them, although this is prescribed.
By the way, the number of participants at the most popular marathons reaches more than 30 thousand. Every weekend in the country there are several starts for everyone.
The doctor's view
— Now, in most cases, it's just an arbitrary form from a doctor about admission to competitions. Such a document is not subject to normal accounting or real control," says Denis Prokofiev, a general practitioner, cardiologist, and holder of the Moscow Doctor status.
According to him, it has not been determined which studies should precede the registration of admission to the competition.
— There is no clear list of studies: what blood tests, what biochemical parameters, what functional tests should be performed, — says Prokofiev. — By and large, a person can simply express a desire to get a certificate. In the best case, the doctor will measure the pressure and temperature and write out a document. If we want the doctor to be really responsible for issuing such a document, we need to approve a single accounting form for a medical certificate, according to which admission to sports competitions will be carried out.
He suggests not only approving the form, but also building digital accounting.
— It is advisable to create a single digital register in which it will be clearly visible to whom, when and where the certificate was issued. Then, in case of undesirable events during sporting events, it will be easy to track the entire digital path of the document across the country.
According to the doctor, a similar system is already working when obtaining certificates for a gun license and a driver's license.
A separate question is who has the right to issue such certificates? A formal examination in a polyclinic is not enough, Prokofiev believes.
— It is logical to assign the obligation to issue these documents to sports dispensaries. They are professionally prepared for this, they have diagnostic methods and the necessary equipment. It can't all be reduced to 2-3 analyses.
Identify the risks
The main thing is not "paper to start with," but real protection of life, the doctor notes. This is especially important in marathons and long runs.
— There are many examples of problems that arise during marathons. Often, participation is not limited by age, but as people age, they develop acquired diseases," says the doctor.
He cited atherosclerosis as an example of such a dangerous disease.
— Imagine: a person is allowed to run 10-20 km. He was not diagnosed with atherosclerosis with a narrowing of the lumen of the arteries of the lower extremities by 75%. At a distance, this can result in resuscitation or death. And, unfortunately, there are many such examples.
According to the expert, a single accounting form, a mandatory list of examinations, a digital register of certificates and a clear list of authorized medical organizations are needed. All this should turn medical admission to competitions from a formality into a real tool for protecting health, Prokofiev believes.
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