How the Fact of Violence may be confirmed?

The fact of violence against a person and the degree of damages caused are determined through the medical expert examination. Thus For the purpose of determining the health condition of people a medical expert examinationshall be carried out in cases of illness, injury, loss of legal active capacity and other cases.

Pursuant to Article 22 of the RA Law on Medical Assistance and Service to the Population, adoted on 4 March 1996, the forms of medical expert examination are as follows:

– temporary loss of active legal capacity;

– medical-social;

– military-medical;

– forensic;

– diagnostic-anatomical.

The expert examination on temporary loss of active legal capacity shall identify the necessity and terms for temporary removal of a person from work conditioned by the health condition of an employee, his or her temporary or permanent transfer to another job, as well as the issue of referring a person to medical-social expert examination.

Medical-social expert examination shall identify the degree of loss of person’s active legal capacity, group of disability and the reason thereof, establish types, volume and terms for carrying out medical, social, work rehabilitation and give guarantee for recruitment.

Military-medical expert examination shall identify fitness for military service conditioned by the health condition of citizens subject to passing to military service, military servants, reserve military servants, confirm cause-and-effect relations of illnesses, injuries of the military servants and those demobilized with military service, establish types, volume and terms for carrying out medical, social, work rehabilitation activities.

Forensic expert examination shall be carried out by competent authorities in cases envisaged by the legislation of the Republic of Armenia.

The procedure for carrying out medical expert examination, conducting, in disputable cases, double, additional, as well as independent medical expert examination, appealing against a conclusion of medical expert examination through judicial procedure shall be established by the legislation of the Republic of Armenia.

Diagnostic-anatomical expert examination shall be carried out with the participation of a specialist with relevant qualification and other medical specialists for the purpose of comparing diagnostic examination results and clinical data and approval of final diagnosis in accordance with the procedure established by the Government of the Republic of Armenia.

Diagnostic-anatomical examinations shall, for the purpose of diagnosis of diseases, be carried out by qualified specialist-physicians at medical establishments having a relevant license. The list of diagnostic-anatomical examinations and the procedure for carrying them out shall be established by the Government of the Republic of Armenia.

AYLA Legal Advisor: Arnold Vardanyan

Irtavaban.net

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