Better staff and amount

The Trans -Baikal Regional Court collected 20 thousand rubles from the regional Ministry of Finance in favor of the Chita activist Nikolai Likhanov for illegal hospitalization in a mental hospital. It is reported by "Zabmedia."

Likhanov was sent for treatment for the denunciation of employees of the regional administration. The activist insisted on paying him 800 thousand rubles. The defendants in the lawsuit were the Ministry of Finance in the person of the Office of the Federal Treasury in the Trans -Baikal Territory and the regional department of state property and land relations, and the third party - the regional psychiatric hospital named after V. Kh. Kandinsky.

Likhanov is 44 years old, in the past he was a boxing coach in the Spartak children's sports club. In 2010, the club’s premises were handed over to the Ministry of Internal Affairs, and Spartak itself closed. After that, Likhanov, along with his brother, Anatoly took up social activities. The brothers, in particular, held shares against the abolition of direct elections of the mayor of Chita. They also investigated the work of two energy enterprises - the Interregional Distribution Network Company of Siberia and the territorial generating company No. 14 - which billions of debts and lost benefits from the regional authorities were collected through the courts. Likhanov, by education, an accountant and auditor, according to the results of the audit, did not rule out that the region’s debts to the energy were fictitious.

The activist repeatedly filed various complaints to the regional administration. On February 17, 2017, the head of the department of the regional administration for working with citizens' appeals, Marina Kudryavtseva , filed a denunciation to the police on Likhanov . On the morning of February 20, the activist was detained in his apartment by police machine gunners in masks and delivered to the regional psychiatric hospital. The next day, the security forces received nine more bureaucratic denunciations on Likhanov, identical to the denunciation of Kudryavtseva. On February 22, Judge Chernovsky District Court of Chita Irina Kuklin at a visiting meeting in a psychiatric hospital decided to subject the activist forced treatment.

The decision was based on the results of Likhanov’s examination in a mental hospital. Doctors said that he "could pose a danger to himself and others."

On March 14, the Trans -Baikal Kraisud, having examined the appellation of the activist, canceled the decision of Kuklina, indicating that the psychiatrists did not provide evidence confirming the need for compulsory hospitalization. Likhanov was released. He spent 23 days in a psychiatric hospital.

On July 24, the judge of the Central District Court of Chita Irina Filippov refused Likhanova to recover compensation for the illegal room in a mental hospital in his favor. At the hearing in his claim, the activist demanded from the doctors who were part of the expert commission to answer why, after his detention in violation of Article 5 of the Law on Psychiatric Assistance, a lawyer was not invited to him and why he was forbidden to invite an independent expert to work in the commission. Doctors did not give an intelligible answer to this.

The prosecutor agreed with Likhanov’s argument about the illegality of hospitalization. At the same time, he noted that the payment of compensation in such cases is not provided for by Russian legislation, and on this basis he asked to refuse the lawsuit. Filippov took the side of the prosecutor.

The lawyer of "Agora" Roman Sukachev, who represented the interests of the activist, noticed that the norms, which directly provides for compensation for the illegal room in a mental hospital, really does not in the law. However, he continued, Article 151 of the Civil Code (compensation for non -pecuniary damage) provides for compensation for damage in violation of the personal non -property rights of a citizen. Sukachev also emphasized that the trial in the claim of Likhanov is the first process of this kind in the country. “Unfortunately, in Russia, the practice in Russia is such that, despite the illegal premises in a psychiatric hospital, it is believed that this is not worth compensation,” he remarked. The lawyer assured that he would appeal the decision of the judge Filippova.

In addition, Sukachev intends to apply to the Constitutional Court with a statement to eliminate the gap in the legislation. “These should be amendments to the civil and civil procedure codes,” the lawyer explained. “After all, we even have the right to rehabilitation in the Criminal Code.” Psychiatric hospitals should be responsible for their actions, he emphasized.