Kashchenko is immortal

The outcome of transactions for the purchase and sale of apartments increasingly depends on psychiatrists

In January, my article was published in Novaya Galoperidol. Turnkey ". It described the history of the solution of the apartment issue using punitive psychiatry. The scheme, as it turned out in a detailed study of the topic, is wide ...

In January, my article was published in Novaya Galoperidol. Turnkey ". It described the history of the solution of the apartment issue using punitive psychiatry. The scheme, as it turned out in a detailed study of the topic, is widely replicated when property is put on the end. It was quite possible to recognize the owner as incompetent. It is only required to carefully look for the required diagnosis or come up with it.

The situation I described in the article, as the author, at first seemed to me how monstrous, so exceptional. However, the forum collapsed by the reviews fell asleep with similar examples.

The latter came from St. Petersburg. Natalya Kazarina called the editorial office and told a story that has been going on for 10 years.

In 2000, a resident of St. Petersburg Natalya Kazarina bought an apartment. The transaction was drawn up through the agency and in all respects was listed clean. A lone man who worked as a driver sold it. Two weeks after the transaction, Natalia was called by a man who introduced himself as the seller’s brother - Gennady Gorbunov, demanding to return the apartment. Naturally, the constructive conversation did not take place. After some time, Natalya Kazarina found out that the apartment she purchased appears in a criminal case. Allegedly, the seller of the apartment of Valery Gorbunov, unknown criminals forced the consent to its sale by force, and, accordingly, the deal cannot be considered valid. However, the investigation could not prove this, and the case went into the civil category. Now the plaintiff’s main argument - Gennady Gorbunov was the emphasis that his brother Valery was allegedly mentally inadequate at that time.

And it began. Seven years of ships, about a dozen hospitalizations of Valery, who passed them at the insistence of his brother. However, Valery’s insanity remained unproven. Facts from life testified to the opposite. Valery graduated from the institute, worked as a taxi driver and security engineer, cargo transport driver and therefore regularly passed the medical board. He looked after a seriously ill father for many years.

In 2005, the court appointed an examination in the STC Social and Forensic Examination named after Serbian.

After discharge from the institute, Gennady Gorbunov took his brother to the village near Peter and left one in an empty house. Three days later, the neighbors found him hanged.

This tragic circumstance even more complicated the situation, because the main participant in the process drew from it. Brother Gennady, by the way, in the event of a winning process, became the owner of not only a controversial apartment, but also a house in the village, as he remained the only heir.

... received from the institute. The Serbian examination unexpectedly issued a conclusion in which the seller Valery Gorbunov at the time of the transaction was unequivocally submitted to a person with psyche disorders, to think adequately to think. The situation was created as deadly as paradoxical. On the one hand - in the case appeared an examination of the Institute. Serbian. On the other hand, the official conclusions of several authoritative specialists who cast doubt on the professional suitability of colleagues. In contrast to the Institute of Serbian, V. Volkov, professor of the Law Faculty of the Academy of Economic Security of the Ministry of Internal Affairs of the Russian Federation, Dr. Mednauk, Academician RAEN, A. Sofronov-Dr. Mednauk, professor, the head of the Psychiatry of the St. Petersburg Medacademia of Postgraduate Education, S. Balutin-Deputy Director of the Research Center “Independent Medicine-Legalian Medical Academy, acted. Expertise. " All of them came to the conclusion - and for consideration, each of them sent medical documents of four hospitalizations and the Gorbunov observation diary in the PND - that they have no descriptions corresponding to the picture of a mental disorder, and even more so schizophrenia established by the examination of the Institute. Serbian.

The clash of professionals of this level is like the battle of the titans. And Judge Grigoryeva decided that for complete clarity, it was necessary to conduct another examination. Already posthumous.

It was conducted by experts of the psychiatric hospital. Alekseeva (formerly). I will make a reservation right away, as a layman, the idea of ​​objectivity of a posthumous psychiatric examination seems extremely utopian. It is made only on the basis of records in medical records and testimonies of those who knew the investigated. Personally, it is difficult for me to understand how, without seeing a person, it can accurately say that on this day, in October, seven years ago he did not give a report in what he did if at the same time he went to work safely, talked with people and notaries and did not commit any inadequate acts. The testimonies for the posthumous examination were given by the brother of Valery Gorbunov Gennady, an interested person, registered with the neuropsychiatric dispensary Valery was put almost two years after the transaction, before that he did not turn to psychiatrists.

However, there are many puzzles in medicine, especially in its psychiatric part, and probably the last examination would bring the long -awaited clarity to the case, and Natalya Kazarina was very counting on its independence if the expert who made the conclusion did not stated that Valery Gorbunov was a mentally ill person at the time of the transaction. The evidence of the other two psychiatrists who made other conclusions were not heard by the court.

The transaction was declared invalid after a 7-year litigation, the plaintiff was obliged to return the money to the buyer in the amount of 12 thousand dollars. With this money, by the time of the sentence, Natalya Kazarina could not even buy a room. ...

File a lawsuit with the wording “due to newly discovered circumstances” Natalya Kazarin almost three years after the sentence forced the article in the “New” “we are treating Haloperidol. Turnkey ”, in which one of the main characters was the expert Tatyana Zorenko, the one who considered Valery Gorbunov to mentally ill.

The fact is that the heroine of the publication “treated Galoperidol” Balakireva signed the verdict of incapacity of Tatyana Zorenko as part of the expert group of PB No. 1 named after Alekseeva. She and her colleagues concluded that Balakireva suffers from "paranoid schizophrenia of a continuous course with an increasing defect." Actually, on the basis of this diagnosis of Balakirev, she was devoid of legal capacity through the court. It is noteworthy that the conclusion was dated October 26, 2007. On this day, Balakirev was treated in the 67th hospital and actually could not meet with these doctors. And besides, according to clinical standards, the development of real and the most malignant schizophrenia itself occurs in several years rather than months. Later, Lydia Ivanovna managed to achieve the cancellation of a court decision on deprivation of her legal capacity.

When I wrote material about the fate of Lidia Balakireva, I was told another story in the Civil Commission on Human Rights. A year ago, Mr. Dumalkin addressed them. In 2008, the court decided to select the apartment he purchased, based on the conclusion of experts-psychiatrists from PB No. 1 named after Alekseev, who admitted that the former owner of the apartment was unable to make a decision at the time of the transaction.

Signatures under this conclusion are all the same - Zorenko, Andreev, Bulavenko. And the script of the conflict is the same. They gave an expert opinion six years later (!) After the conclusion of a disputed transaction in 2002. Experts argued that at that time the former owner of the apartment could not give the impression of a capable person, did not know how to count, spoke poorly and could not answer elementary questions! Thanks to the revision of the case in court, Mr. Dumalkin, still managed to return the apartment.

I will make a reservation right away. I would never question the vocabulary of experts on the pages of the newspaper-and, judging by the experience of work in one of the most authoritative medical institutions of this profile, they are,-if not for the strange engagement in matters where apartment issues were resolved. Whether the Ministry of Health will be interested in this story, I do not know. I would really like to figure it out - is it about a systemic medical error or banal corruption?

To recognize a person incapable is to deprive him of the opportunity to dispose of his life and everything that he has in this life. It was not difficult to assume that this method will gain such popularity in the country of non -frighted privatization. It is characteristic, it was in the late 90s that the number of judicial claims of this kind exceeded the indicators of the Soviet past. However, until recently, these figures were closed. Only in 2007 did the Ministry of Justice introduced this indicator into his reporting. Yu. Argunov in the “Independent Psychiatric Journal” cites the following statistics: “Over 40 thousand applications for the recognition of a citizen are incapable are received annually. The courts put the decision in 85% of cases, while in 98% of cases they satisfy the application and recognize the citizen incompetent. There is no practice in the specified category of cases of repeated or additional examinations. The opinion of experts thus automatically turns into the opinion of the court. ”

What does this mean and with what ease it is possible to fabricate the testimony for a profitable turn of the case, I think, it is not necessary to explain. As it should not be explained that in cases when it comes to a truly mentally ill person, such a measure is necessary.

What is the end? It looks like a dead end.

There is no independent arbitration commission for resolving disputed issues in cases of legal capacity under the Ministry of Health. The workshop solidarity in medicine is a parable in a tongue, and a simple mortal to argue with the system for the objectivity of the diagnosis is a matter of obviously losing. Not everyone knows how to pay judges.

The agencies for the sale of real estate in words guarantee the purity of the transaction, but there is no mechanism that would really protect the buyer. In Moscow alone, in one month, more than a dozen court decisions are made, according to which conscientious buyers are losing their apartments.

Recently, the so -called insurance of the owner of the owner has appeared in Russia, which few people know about. The insurance mechanism again does not give one hundred percent guarantees, despite the fact that insurance is quite expensive and it is necessary to pay for it annually.

And while it turns out that the safest thing is to have nothing at all.