In Russia it is officially allowed to beat wives, but not more than once a year. Increase in rental rates Positions of lower courts

An immunogram will show what’s wrong

- How effective are immunograms and what can they tell us about immunity?

An immunogram is a method for assessing immune status. And we're trying to determine how the immune system responds this person to the state as it is now. It shows which links immune system do not work or, on the contrary, work hyperactively.

When the immunogram is deciphered, it indicates: signs of a viral infection, bacterial infection, autoimmune process or deficiency of certain parts of the immune system. Based on these results, doctors prescribe additional tests and examinations to identify specific infections or viruses. That is, an immunogram helps determine which direction you need to move in order to detect a specific health problem.

- How many times must a person get sick with the same ARVI in a year in order to suspect that something is wrong with the immune system?

There is a clinical scale for assessing the state of immunity. The number of acute respiratory viral infections up to 6 times a year is considered a relative norm; if more, this is already low activity immune system. Immunodeficiency is determined by international classification diseases, however we try to use the term "immune dysfunction". And the most objective criterion for its determination is an immunogram taken during a certain period of the disease and tied to general condition person. If there is a problem, the doctor evaluates what caused the decrease in immunity - viral infection or a chronic, indolent disease.

- People begin to suffer from a lack of vitamins in early spring.

It all starts not in the spring, but a little earlier. Starting from mid-February, many people may experience vitamin deficiency. Its signs: a feeling of unmotivated weakness, poor wound healing, fever. We begin to get sick more often and experience drowsiness. Certainly, best prevention such a state - vitamins. The most normal time for them it is the end of summer, autumn, maybe the beginning of winter, when fruits and berries are still more or less fresh. And in winter you need to eat vegetables and fruits available at this time of year, as well as frozen berries. You can take any multivitamin preparations and accept. But vitamins must be taken correctly: before 16:00 in the afternoon, after meals, for a month. In addition, vitamins can provoke photodermatitis - sun allergy. Therefore, when taking them, you should not visit the solarium.

Multivitamins at the end of winter

- How effective are vitamin tablets? Why spend so much money on expensive fruits, vegetables and greens when you can buy a multivitamin complex?

If a person has persistent gastritis, colitis or inflammatory processes in the gastrointestinal tract, then it has little food products can absorb, so he is prescribed vitamins in the form of pharmaceutical preparations. It is undesirable to take vitamins in the form of syrups, gels, pops, icicles and other nonsense, because the more food additives in such preparations, the more risk development of an allergic reaction.

At the end of winter in berries, fruits and vegetables useful substances not enough, so it’s worth taking vitamin tablets. But at the end of summer and autumn, when fruits and berries are presented in all their glory, it is undesirable to take pharmaceutical vitamins for prevention. Except when they are prescribed as part of treatment: for example, for problems with neurology, it is recommended to take B vitamins.

Ginseng boosts immunity

- I often get colds - in autumn, spring, winter. At the same time, the food is complete, no bad habits, I take vitamins. Maybe it’s worth taking a course of treatment with immunomodulators?

It is not advisable to take immunomodulators without a doctor's prescription. But there are over-the-counter herbal preparations that increase the body's endurance - tincture of ginseng, lemongrass, hawthorn, eleutherococcus, echinacea, Rhodiola rosea, etc. They increase energy metabolism, a person becomes more active, and against this background the immune system works better. I can recommend taking them 5-10 drops 2 times a day, morning and afternoon, for a month at the end of winter - beginning of spring and at the end of autumn - beginning of winter. All other immune drugs are selected by the doctor, based on how sick the person is, how many times and with what.

- Many girls notice that about a week before the “critical days” a runny nose appears and thrush relapses. Is it true that at the end of the cycle women's immunity decreases?

A woman's cycle has two phases. The first is the high activity of NK cells, that is, against the background of a certain estrogen content, the activity of the immune system increases. The second half of the cycle - their activity decreases, accordingly, exacerbations of all diseases are possible. At this time, diagnostics can be performed to find out what the problem is. To begin with, this is a consultation with a gynecologist and endocrinologist. Then, as prescribed by the doctor, take tests to determine the level of estrogen and progesterone. For thrush it is carried out preventive treatment. First of all, a diet is prescribed, sugar in any form, chocolate, blue cheese, kefir, yeast dough And White bread, that is, all products that potentially contain yeast, sugar or ferment. As for herpes diseases, they can worsen 12-15 days before menstruation. We can treat them with antiherpetic immunoglobulin. The scheme is as follows: consultation with a gynecologist and endocrinologist, an immunogram, an appointment with an immunologist, and then treatment is prescribed.

BY THE WAY

Hair loss - there are problems with the gastrointestinal tract or hormones

- My hair splits and falls out, and my nails peel and break. What disease could this be a symptom of?

There are quite a lot of reasons that can lead to this. It is not possible to single out one main one. The first thing that can cause such symptoms is problems with gastrointestinal tract, namely stagnation of bile, poor patency of the biliary tract, low activity of the pancreas, etc. It is necessary to consult with a gastroenterologist, he should give recommendations on nutrition and intake choleretic drugs or any other medications.

In addition, such symptoms can be caused by hormonal changes, so you need a consultation with a gynecologist and endocrinologist, an examination prescribed by these doctors, and possible subsequent treatment.

In the third option, hair loss and brittle nails can be caused by a lack of vitamins and microelements. Then nutritional correction is carried out, vitamins, microelements and immunostimulants are prescribed.

- My mother went through menopause, and sometimes her heart began to ache. I heard that there is special vitamins for the heart and strengthening blood vessels. Tell me which ones exactly?

During such age-related changes As a rule, the walls of blood vessels weaken. A blood test is done, if there is an increased platelet count, then aspirin is prescribed ( acetylsalicylic acid). Can also be taken ascorbic acid, preparations containing rutin, ginkgo biloba, vitamin PP or B vitamins, they strengthen blood vessels. By the way, ginkgo biloba also normalizes blood circulation.

Every person has done it more than once in their life x-rays, so necessary to clarify the diagnosis. This procedure It is prescribed to all age groups: both babies of the first year of life and elderly people. Based on this, many people have a question about how often x-rays can be taken. This article will answer this question in as much detail as possible.

Is radiography considered dangerous?

The body of all people is characterized by individual resistance to radiation. But despite this, there are generally accepted indicators that are followed medical workers. Answering the question of how many times a year an x-ray can be done, some doctors are of the opinion that the frequency of this procedure depends on how much the patient’s condition requires it.

Sometimes frequent monitoring is necessary for timely detection of pathologies. This opinion is not always rational, since a greater number of diseases chest can be identified by using the safest methods, which include:

general analysis blood;
Ultrasound diagnostics;
listening.

This judgment is rational if there is a suspicion of lung cancer or pneumonia. X-rays load the human body. X-rays are especially dangerous if you live in highly polluted conditions. environment, which is acceptable for any large industrial city. Of course, if possible, it is better to avoid frequent examinations, but there are times when there is an urgent need for x-rays.

Important! If the patient suffers serious illness, for example, a complex stage of pneumonia, then the procedure can be performed several times a month. In this case, the risk of disease will be higher possible harm from x-ray irradiation.

A modern diagnostic device is considered a rather expensive device.

In addition, when answering the question of how harmful x-rays are, most doctors claim that serious radiation exposure is only possible when using an old device. Today there is a big difference between the X-ray equipment of the last century. A modern device significantly reduces the dosage of radiation that has a negative effect on the patient.

In addition, there is a non-destructive X-ray, in which the examination is carried out on a selected area. Patients undergoing CT and MRI are exposed to radiation, which is directed to a separate area.

How often can x-rays be taken?

The question often arises as to how often it is permissible to take x-rays for adults and children. This is especially true when several doctors need images, for example, a pulmonologist and a cardiologist. If the patient’s condition is stable, then the image is valid for 1 year.

There is no clear answer to the question of how many times an X-ray can be taken, since it depends on the individual patient, his condition, age, stage of the disease, and the characteristics of the X-ray machine. For different categories, there is an individually permitted frequency of testing.

Children are allowed to have x-rays of their extremities no more than 5 times a year. Radiation exposure is harmful not only to children, but also to adolescents. Examination of the brain and torso is not recommended without viscous indications.

Although the most modern devices have a weak radiation background, which has virtually no harmful effects on the body of children.

The examination of an adult is carried out based on the following standards:

Adults should not have X-rays of their lungs more than once a year. However, some professions require more frequent examinations, in which case x-rays are replaced with fluorography, which has a more weakened radiation effect.
Dental X-rays are performed no more than once a year, when the rays are directed along the spine or brain. If the shooting is carried out from the side and has a targeted effect on the teeth, then it is allowed to do the examination up to 5 times a year.
The sinuses are allowed to be removed no more than once a year, since they are close to the brain.
Examination of the spine is the most unfavorable procedure, the frequency of which is best not to be overdone. Usually it does not exceed once a year.

Photo of dental x-ray - low-dose procedure

Important! CT carries the highest radiation dose, the amount of micro-roentgens during this procedure reaches 1100 mR per hour.

Is it possible to do an x-ray on a breastfeeding woman?

There are situations when a nursing woman needs to have an x-ray taken. At the same time, many people have a natural question whether it is possible to feed the child after the procedure. Moreover, today fluorography is carried out within the walls of the maternity hospital. In this case, it is recommended to carry out feeding before the procedure. After the x-ray, the milk must be expressed and discarded.

The next feeding can be done as usual. If a woman is undergoing an examination as prescribed, especially with the use of a dye, then it is recommended to refrain from breastfeeding. Important! When performing an X-ray on a nursing woman, the breast area should be covered with a protective screen.

Is it possible to reduce the negative impact of x-rays with frequent use?

So that radiography brings as little as possible negative impacts, it is recommended to adhere to the following simple recommendations:

First of all, you can strengthen the body by taking antioxidants, for example, the Omega-3 complex;
You can increase your immunity with the help of vitamin preparations consisting of vitamins P, B, A, E, C;
should be consumed before the procedure and after it more fermented milk products;
if eaten oatmeal, prunes, grainy bread, then it is possible to remove harmful elements that entered the body during the examination.

Radiography is sometimes necessary and far from useful procedure which allows timely detection of many diseases. Its frequent use can cause irreparable consequences for the body.

A lease agreement was concluded between our organization (tenant) and the company (lessor), which specified a fixed rental price. The agreement also provides a clause according to which the lessor has the right to change the rental price unilaterally, but by no more than 10% and no more often than once a year, by appropriately notifying the tenant. The contract was concluded in September 2014, we are offered to increase the rental price from May 1, 2015. That is, less than a year has passed since the signing of the contract. We believe that the price established at the conclusion of the contract should not change within a year from the moment of its conclusion; the lessor interprets this clause of the contract differently. Does the landlord have to increase the rental price in this case?

The terms of the contract providing for a fixed amount of rent must remain unchanged throughout the year, while unilateral changes in rent can be made no more than once a year. It should be taken into account that if the rent is changed by agreement of the parties, then such a change can be made an unlimited number of times, including if less than a year has passed since the conclusion of the lease agreement.

Under the lease agreement, the lessor undertakes to provide the tenant with property for a fee for temporary possession and use or for temporary use (clause 1 of Article 606 of the Civil Code of the Russian Federation). At the same time, according to paragraph 1 of Art. 614 of the Civil Code of the Russian Federation, the tenant is obliged to promptly pay fees for the use of property (rent).

The rent is established in the form of fixed payments, made periodically or at a time. Unless otherwise provided by the contract, the amount of rent may be changed by agreement of the parties within the time limits provided for in the contract, but not more than once a year. The law may provide for other minimum terms for reviewing the amount of rent for individual species lease, as well as for the lease of certain types of property (subclause 1, clause 2, clause 3, article 614 of the Civil Code of the Russian Federation).

At the same time, civil legislation grants the parties to the contract the freedom to determine the terms of the contract at their own discretion, except in cases where the content of the relevant condition is prescribed by law or other legal acts(clause 4 of article 421, article 422 of the Civil Code of the Russian Federation). It is also allowed that the contract may provide for a unilateral change by a party, in particular the lessor, of the price of services provided (clause 1 of Article 424, clause 2 of Article 424 of the Civil Code of the Russian Federation).

Regarding the possibility of a unilateral change in the amount of rent, the Presidium of the Supreme Arbitration Court of the Russian Federation explained that when applying clause 3 of Art. 614 of the Civil Code of the Russian Federation, courts must proceed from the fact that during the year the condition of the contract must remain unchanged, providing for a fixed amount of rent or the procedure (mechanism) for its calculation (clause 11 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66 “Review of the practice of permitting rental disputes").

The position of the Supreme Arbitration Court of the Russian Federation regarding the unilateral change of rent was clarified in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 No. 73 (hereinafter referred to as the Plenum Resolution), which states that if, in accordance with the law or agreement, the lessor has the right to unilaterally change the amount of the rent fees (Article 310 of the Civil Code of the Russian Federation), then within the meaning of clause 3 of Art. 614 of the Civil Code of the Russian Federation, such a change can be made no more than once a year (clause 21 of the Plenum resolution).

Thus, in the case under consideration, since less than one year has passed since the conclusion of the contract, the lessor does not have the right to unilaterally change the amount of the rent.

It should also be taken into account that if in the absence government regulation rent, the lease agreement provides for the right of the lessor to unilaterally change its amount, then in cases where it is proven that as a result of such a unilateral change, it has increased disproportionately to the change in the average market rates paid for the rental of similar property in a given area for the corresponding period, and significantly exceeded them, which indicates the landlord’s abuse of his right, the court, on the basis of clause 2 of Art. 10 of the Civil Code of the Russian Federation refuses to collect rent to the extent that it exceeds the named average market rates (clause 22 of the Plenum resolution).

This limitation on the frequency of rent changes does not apply to cases where it is changed by agreement of the parties. Such an agreement can be concluded several times during one year of the lease agreement, including during the period when less than a year has passed since the conclusion of such an agreement.

In this regard, the Supreme Arbitration Court of the Russian Federation clarified that since the rule prohibiting the revision of rent more than once a year (clause 3 of Article 614 of the Civil Code of the Russian Federation) is dispositive, it allows for changes, by agreement of the parties, to the terms of the lease agreement on the amount of rent more than once a year. year, including in the case where there is no indication of the possibility of such a change in the lease agreement itself (clause 21 of the Plenum resolution).

Thus, paragraph 3 of Art. 614 of the Civil Code of the Russian Federation is mandatory only in relation to the right to change the rent unilaterally. If the rent change is made by agreement of the parties, then it can be made more than once a year.

Arbitration courts are of a similar opinion, in particular, the FAS of the Far Eastern District indicates that if an increase in rent is based on mutual agreement of the parties, such a change does not contradict (see Art.

When concluding a lease agreement, landlords, as a rule, seek to provide for the possibility of changing the amount of rent, especially if the agreement is long-term. This raises the question of how often the rent can be changed. The provision of paragraph 3 of Article 614 of the Civil Code, which regulates this issue, can be interpreted in different ways, as a result of which two points of view are encountered in law enforcement practice. Moreover, the Supreme Arbitration Court is inclined to favor one of them, which, however, does not prevent lower courts from applying a different point of view.

How to understand the clause “unless otherwise provided by the contract”

In law enforcement practice, there are two points of view on what the clause “unless otherwise provided by the contract” refers to: only to the possibility of changing the rent by agreement of the parties or to the entire rule as a whole, including the frequency of rent changes. Supporters of the first point of view believe that the ban on changing the rent more than once a year is imperative. The clause “unless otherwise provided by the contract” means that the contract can establish a ban on reviewing the amount of rent during the entire lease term. When there is no such prohibition in the contract, revision is possible, but not more than once a year. If the agreement provides for the possibility of changing the rent more often, then this condition is contrary to the law. And supporters of the second point of view believe that all provisions of paragraph 3 of Article 614 of the Civil Code are optional. Therefore, the contract can provide for the possibility of changing the rent more than once a year. Courts have differing opinions on this matter.

Position of the Supreme arbitration court: raising more than once a year is illegal

The point of view of the Presidium of the Supreme Arbitration Court of the Russian Federation on this issue was expressed in paragraph 11 of the information letter dated January 11, 2002 No. 66 “Review of the practice of resolving disputes related to rent.” In the case described in this paragraph, the agreement provided for a quarterly increase by the landlord in the amount of rent by indexing it to take into account inflation. The court of first instance recognized this condition as void due to the contradiction with paragraph 3 of Article 614 of the Civil Code of the Russian Federation. The cassation court overturned this decision, indicating that the rent was not set in a fixed amount, but was subject to calculation for each payment term. Quarterly indexation of rent is a method of calculating it that did not change during the year. The Supreme Arbitration Court agreed with this conclusion and emphasized that the terms of the contract, providing for a fixed amount of rent or the procedure (mechanism) for calculating it, must remain unchanged throughout the year. It should be noted that this paragraph of the letter dated January 11, 2002 No. 66 does not formulate a clear conclusion of the Presidium of the Supreme Arbitration Court of the Russian Federation that the term of the contract providing for a change in the fixed amount of the rent or the procedure for changing it during the year is void. Perhaps it is for this reason that lower courts often express a different point of view in their decisions and rulings.

Positions of lower courts

Some courts regard the ban on changing the rent more than once a year as mandatory and recognize the terms of the contract that provide for a different procedure as void, referring to paragraph 11 of letter No. 66 dated January 11, 2002.

Example from practice. A lease agreement for non-residential premises was concluded between the two companies. The rent is provided in a fixed amount, and it is established that after five months the rent amount will be increased (a new increased amount is indicated), and after three months it will be increased again by 50 percent. The tenant paid the rent at the original amount, ignoring the conditions for its increase. The landlord filed a lawsuit to collect the debt. The court declared the condition of the agreement to increase the rent void due to the contradiction with paragraph 3 of Article 614 of the Civil Code and dismissed the claim. Subsequent authorities supported this conclusion (resolution of the Federal Arbitration Court of the Central District dated August 28, 2009 in case No. A14−2547/2008/87−17). The Supreme Arbitration Court did not see any grounds in the case for re-evaluating the courts' conclusion and refused to transfer the case for supervisory review. At the same time, the definition expressly stated that the term of the contract providing for the possibility of changing the amount of rent more often than once a year is void as it does not comply with the requirements of the law ()

Other courts perceive the condition of paragraph 3 of Article 614 of the Civil Code on the frequency of changes in the amount of rent as a dispositive norm that allows the parties to the agreement to establish a lower frequency (decrees of the federal arbitration courts of the East Siberian District dated 05/08/08 No. A33−13139/07-Ф02−1784/ 08, Ural District dated 09.18.02 in case No. F09−2232/02-GK, Thirteenth Arbitration Court of Appeal dated 05.21.08 in case No. A56−12364/2006). It is noteworthy that in some cases, even a reference to paragraph 11 of letter No. 66 dated January 11, 2002 does not help tenants convince the court of the nullity of the contractual provision to increase the rent more than once a year.

Example from practice. The lease agreement established two fixed rent amounts for different periods within the term of the contract: for the first month of rent - 64 thousand rubles, then - 69 thousand rubles monthly. At the same time, the right of the landlord to unilaterally change the amount of rent with notice to the tenant was also provided for. The court of first instance considered that the contract agreed on a condition to increase the rent more than once a year, which is contrary to the law. However, the cassation court did not agree with this conclusion. In her opinion, establishing in the contract the amount of rent in fixed amounts for two periods of use of the property cannot be considered a change in rent. Therefore, this condition is consistent with paragraph 11 of letter No. 66 dated January 11, 2002 (resolution of the Federal Arbitration Court of the North-Western District dated September 2, 2010 in case No. A13−16598/2009).

It is easy to notice that in the latest case the terms of the contract are very similar to those that were the subject of consideration in the previous case (determination of the Supreme Arbitration Court of the Russian Federation dated October 12, 2009 No. 13100/09). But in these two cases, the courts assessed similar conditions differently: in the first case - as a change in the rent, in the second - as the procedure for establishing it. But given that the second case was not appealed to the supervisory authority, it is safer to be guided by the position of the courts in the first case, since it was approved by the Supreme Arbitration Court.

How to legally set rent increases more than once a year

A hint on how to secure in the contract the landlord’s right to increase the rent more often than once a year and not break the law is in the same paragraph 11 of letter No. 66 dated January 11, 2002. For the purposes of this paragraph, a change in the amount of rent is considered a change in its size only in the case where the rent is established in the contract as a fixed amount. If the contract only stipulates the procedure (mechanism) for calculating rent ,). In practice, the amount of rent is most often tied to the base rate of rent for municipal property, approved by municipal authorities, as well as to the inflation rate. Moreover, the option when the contract specifies a fixed amount of rent and stipulates that it is subject to revision by the lessor if certain indicators change is also acceptable. The courts believe that in this case, the contract does not agree on a fixed amount of rent, but only the procedure for determining it (resolution of the Federal Arbitration Court of the East Siberian District dated June 22, 2010 No. A33−16268/2009).

QUESTION ON THE TOPIC

Is it possible to provide in the agreement that the established amount of rent is subject to revision if market rental prices change?

Yes, this is possible (resolution of the Federal Arbitration Court of the North Caucasus District dated March 13, 2007 in case No. F08−1052/2007). But in this case, changes in market prices will need to be confirmed by a report from an independent appraiser(