When a misfortune occurs such as the death of a person, the course of action depends on where it happened. Death situations can be different, so it is important to understand what to do. For example, if a person died at home, then you need to call not only an ambulance to confirm the death of the deceased, but also the police.
Unfortunately, death can be accompanied by other troubles. For example, ritual agents often come and extort money. If you are faced with this situation and do not know what to do, contact a lawyer.
Where is the state registration of death carried out?
Death registration is carried out at the MFC or at the civil registry office at the last place of residence of the deceased. If a person died in another city, then his death is registered at the place of death. In St. Petersburg, this document is issued in two departments of the Civil Registry Office: on the street. Dostoevsky, 9 and on the street. Furshtatskaya, 52. Residents of the suburbs of St. Petersburg can get it in the relevant departments of Kronstadt (Lenin Ave., 32), Lomonosov (Dvortsovy Ave., 40), Sestroretsk (Svoboda Square, 1), Pushkin (Tserkovnaya St. 2/4 ), Kolpino (Tverskaya st., 1/13). In the rest of the Leningrad region, the stamp death certificate is issued by the regional registry office departments.
Calling a ritual agent
city funeral service
Stamp certificate
about death
Registration and collection
necessary documents
Is it possible to obtain a medical card for a deceased relative?
If you have questions about medical law, ask a medical lawyer. To do this, in the comments to this article:
- summarize the main facts;
- make your question as specific as possible to the specialist;
- indicate what result you would like to achieve in this problematic situation.
You will find the answers in the next issue of the “Ask a Lawyer” section.
Question: Can I get a copy of the medical record of my mother, who died several years ago, from the clinic? I want to know about health problems that I might have inherited from her.
In accordance with Art. 13 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, disclosure of information constituting medical confidentiality, including after the death of a person, without his written lifetime consent is not allowed, except for cases for which provision A copy of the medical record does not apply to a close relative. Under this law, you can obtain a certified copy of the mother's medical record only if her medical record contains consent to provide you with information about her health.
At the same time, from 2021, medical organizations are obliged to familiarize close relatives, upon their request, with the medical documentation of a deceased patient with the possibility of making copies (photocopies) on their own, and if the relevant medical documents exist in electronic form, provide them in electronic form. A refusal of such access can be considered acceptable only if during his lifetime the patient has expressed a prohibition on disclosing information about himself that constitutes a medical secret. The basis for this is the Resolution of the Constitutional Court of the Russian Federation of January 13, 2020 No. 1-P “In the case of verifying the constitutionality of parts 2 and 3 of Article 13, paragraph 5 of part 5 of Article 19 and part 1 of Article 20 of the Federal Law “On the fundamentals of protecting the health of citizens in Russian Federation" in connection with the complaint of citizen R.D. Svechnikova." This court decision is mandatory for all medical organizations and, in essence, has priority over the norms of the above-mentioned federal law - until it is brought into line with the legal position of the constitutional justice body.
Thus, in order to obtain information about your mother’s illnesses, you need to write a request to the head of the relevant medical organization with a request to familiarize you with the medical documentation in the name of your mother or to provide her medical documents in electronic form (if available). Your request must be accompanied by a copy of a document confirming your relationship (for example, a birth certificate). I also recommend making a reference in this request to the above-mentioned resolution of the Constitutional Court of the Russian Federation.
_____________________________________________________________________
Question: My son was vaccinated against tick-borne encephalitis at school without my consent, is this legal? My son is 15 years old.
According to Art. 20 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, as a general rule, a citizen gives independent informed voluntary consent to medical intervention from the age of 15. The situation you described does not apply to exceptions to this rule.
In this regard, vaccination of a son who has reached the age of 15 years without your consent is carried out legally if written informed voluntary consent to vaccination against tick-borne encephalitis is previously obtained from him. You can find out whether this condition is met on the basis of Part 2 of Art. 22 of the said federal law, which provides for the right of the legal representative of a minor to provide him with complete information about the state of health of his child.
In this regard, you have the right to familiarize yourself with any medical documentation of your son, which should include his written consent to the medical interventions performed from the moment he reached the age of 15 years. The procedure for familiarizing a citizen or his legal representative with medical documentation is established by Order of the Ministry of Health of the Russian Federation dated June 29, 2016 No. 425.
I would also note that, as the legal representative of your child, you have the right to receive a certified copy of medical documentation in the name of your son in the manner prescribed by Order of the Ministry of Health of the Russian Federation dated July 31, 2020 No. 789n. Please note that relevant written requests should be addressed not to the school principal, but to the head of the medical organization that provides medical care to students at this school. This is usually the clinic closest to the school, which is provided with free medical office space in the school building.
Lyudmila Plekhanova answered your questions
Photo depositphotos.com The author’s opinion may not coincide with the opinion of the editors
What it is?
This is a patent confirming the fact and cause of a person’s death. There are two types of certificates: medical and legal .
The medical certificate is created by the doctors of the hospital where the person’s death was determined.
This document is needed to ensure state registration of death, as well as for statistical recording of data. This document can be issued in any medical organization in which a person suffered the last minutes of life.
A legal certificate allows the relatives of the deceased to enter into an inheritance and subsequently dispose of the received property with full rights. It also automatically provides relatives with a certain amount for the funeral and a place in the cemetery for the grave.
This document can also be issued by court decision in cases of missing persons. A person is declared dead on the fifth anniversary of the disappearance, in some cases six months later.
Registration of a death certificate
The mandatory list of documents after death includes a certificate from the registry office, which confirms the death of a person. It is drawn up on stamped paper and provided to relatives free of charge. To obtain a certificate, you must visit the registry office with the following package of documentation:
- passport of the responsible person;
- medical certificate of death from the morgue;
- ID of the deceased;
- application in form No. 16 (drawn up at the registry office when issuing a certificate).
The document is issued on the same day of application. Recipients can be relatives or legal representatives. Based on this, further preparations for the burial can be carried out. The paper will be required when registering a grave in a cemetery, carrying out cremation, receiving benefits and payments for burial, as well as when entering into inheritance rights.
Can an ex-husband or wife take a second duplicate?
The ex-spouse can obtain a certificate if it is needed for some reason. It is best if the ex-wife or husband has children from the deceased. The former half is unlikely to receive the original certificate, but definitely a duplicate.
To do this, you need documents that will confirm your blood relationship with the deceased. They must apply to the registry office or obtain the document in other ways.
The application must provide the following information:
- Name of the registry office.
- Passport details of the applicant.
- Address of registration and actual residence of the applicant.
- Ex-spouse details.
- Date and place of death.
- Information about the registry office in which information about death is recorded.
- Date of record of death of ex-spouse.
- The reason for the need for evidence.
- Date, signature.
Having fulfilled these conditions and more accurately described the reason, the ex-spouse has the right to receive a duplicate certificate.
Registration of inheritance
If the deceased was the owner of a house or apartment, after his death the relatives need to enter into the rights of inheritance of property. Real estate and other valuables are transferred to loved ones by law or will. In both cases, the inheritance should be formalized within 6 months from the moment of transition to another world. To enter into inheritance, you must visit a notary and submit the appropriate application. Attached to the application:
- applicant's passport;
- death certificate;
- will (if any);
- an extract from the house register or personal account about the place of registration of the deceased;
- confirmation of kinship (in the absence of a will).
The application can be submitted in person or through a legal representative. In the latter case, a notarized power of attorney in his name will be required. In order for a notary to provide a certificate of inheritance, he must know what the deceased's property includes. For these purposes, title documents for real estate are attached to the application. In the case of a car, you need to have a vehicle passport, a car registration certificate, and a certificate of market valuation of the vehicle.
If you don’t know what to do after the death of a relative, what documents to collect for the funeral, contact the “Honest Agent” funeral service for help. Our specialists have extensive experience in organizing funeral events and are ready to take on all issues with documentation. We will help you quickly collect the necessary papers and conduct the burial of a deceased relative at a high professional level.
Tell your friends:
What documents need to be completed in the first six months after a person’s death?
Most of the papers are completed in the first days, as they are needed for the funeral. After this, the question remains about the property of the deceased person and funeral benefits.
Documents for receiving inheritance
If the deceased person left a will, then the situation becomes simpler. On a certain day it is opened, the heirs find out what is owed to them.
If there is no will, the heirs must declare their rights within six months. To do this, you need to contact a notary with a death certificate. The specialist will explain all the information on a specific case, including the package of documents necessary for inheritance:
- heir's passport;
- application of the heir to accept the inheritance;
- death certificate of a relative;
- documents on the property of the deceased person.
Additionally, other documentation may be required. It all depends on the individual characteristics of the case.
It is necessary to formalize the inheritance in the first six months. After this period, access to the registration can be restored only through the court.
To learn how to enter into an inheritance, watch the following video:
