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For non-payment “presidential” incentive payments to physicians the head of the Investigative Committee Alexander Bastrykin ordered to initiate criminal proceedings. It is expected some time this week, President Vladimir Putin was indignant that the money do not reach doctors. Where are they lost? Why not work to make payments if a criminal case? We tried to understand. Everything seems so simple that I can’t believe…

we will Remind, Vladimir Putin, on 8 April instructed to make payments to health workers working with patients with coronavirus since April. For three months the doctors have to pay 80 thousand roubles, nurses — 50 thousand rubles, and Junior medical staff — 25 thousand rubles. Special awards apply to emergency physicians from 25 to 50 thousand rubles, depending on the position.

the Government saluted, April 12 issued a decree, has allocated funds in the form of “other interbudgetary transfers”. Money, 10 billion rubles were promptly brought to the regions.

it would Seem — well, what’s the problem? There is money — pay. But. Throughout the country began complaints doctors — somewhere not generally paid where you have paid a ridiculous amount, considering the number of hours and minutes.

When the cries of the offended and offended reached the highest ears, Putin is not a little furious. Demanded an end to the “waste of time” to pay the best payday, immediately, to cease to calculate the size of payments, estimating the number of hours and minutes that the doctors worked with a new infection. “Listen to me, listen carefully. We agreed, and it was clearly stated that the money needs to be paid for a job with a coronavirus infection, but not for some hours, minutes and so forth,” Putin said.

And now the most interesting. “We agreed”, “were clearly” is, even if Putin said, not a regulatory document, based on which the payments are made.

Normative document is the decree of the Russian government dated April 12, № 484 “About the statement of Rules of granting in 2020, other inter-budget transfers from the Federal budget to budgets of subjects of the Russian Federation…” (very long title, no the whole point).

the ruling is a formula, which calculates how much money to allocate to the region, how to deal with them, if all of the expended are not, what you need to do medical organizations to obtain from the regional Ministry of health money for doctors.

So, specific, put, the hospital is required to accept and agree with the regional governing body of the local public health act. Will have to quote paragraph 12 of the resolution No. 484:

“12. Local regulatory act of medical organizations was adopted in connection with the presence of citizens who are diagnosed with novel coronavirus infection COVID-19, and install:

<…>

C) the size of payments of stimulating character according to the position held for actual time worked, but not above the amount specified in paragraph 11 of this regulation.”

Black and white — the size of payments for time actually worked. Those hours and minutes, which resents Putin.

And then we gradually turn to Bastrykin and criminal cases.

What do the doctor and the accountant of the hospital?

it is Impossible to transfer money on the basis of “Putin ordered” and carry out the calculation on the basis of Putin’s words “We have agreed”. Because it was a criminal case under article 285.1. The criminal code, “misappropriation of budgetary funds” (up to 5 years imprisonment).

you Can list on the basis of the decision of the government of Russia and agreed local act. Which requires you to define size of payments for actually worked time. And this is by far the dissatisfaction of employees (which the government calls to complain about a special portal) and the threat now from the UK to Russia to initiate proceedings. Apparently, according to article 145.1. The criminal code of Russian Federation “non-payment of wages, pensions, stipends, allowances and other payments” (up to 5 years of imprisonment in aggravating circumstances). Already check the regions went.

What article of the criminal code to choose?

See how simple? At any official, which is above the resolution worked, the thought that you can so to take and to give 80 thousand roubles to the doctor just for the fact of working with the coronavirus. Where have you seen that working man is worthy of pay? Like if something happens, it would be necessary straw podstelit, to impose restrictions, there hours, minutes… a Cog in the bureaucratic machine worked as his home machine set up. What are they now?