ECONOMIC CONTENT OF MEDICAL SERVICES

Author(s):  
Andrey G. Lukin ◽  
Sergey N. Cherkasov ◽  
Alexander R. Saraev

In the article the authors proposed to consider the economic content of medical services from the points of view of the mutual influence of medicine and economics in the system of public relations; identified the factors determining the increasing influence of economic categories on the provision of medical services at the current stage of socio-economic development of the Russian Federation; analyzed the consequences of such increased influence on the quality of medical services. In particular, the authors noted that at the present stage there has been a tendency to absolutize the economic influence on medicine and grow it into the essence of medical service and healthcare in general. The authors justified that it is impossible to put an equal mark between a medical service and an economic service, since they are aimed at achieving different results. As the main result of the work, the authors made a conclusion that the current economic content of medical services in the country, including its legal regulation, both civil and administrative, does not fully meet both the needs of its consumers and the requirements of its providers. In this regard, the authors proposed to expand the range of economic instruments used to ensure high quality on the one hand, and on the other hand, accessibility of medical services.

Author(s):  
Олег Алексеевич Свидерский

В статье поднимаются отдельные вопросы правового характера оказания медицинской помощи сотрудникам УИС в лечебно-профилактических учреждениях ФСИН России, МВД России, Минобороны России, а также в учреждениях государственной или муниципальной систем здравоохранения. Проведен анализ нормативных баз Минздрава России и Минюста России, в которых осуществляется регламентирование вопросов оказания медицинской помощи. Показано, что в федеральных и ведомственных нормативно-правовых актах Минюста России законодательно не закреплен порядок оказания высокотехнологичной медицинской помощи по перечню видов, которые не включены в базовую программу ОМС. В целях устранения пробела в законодательстве предлагается медицинской службе ФСИН России разработать соответствующий регламент, в котором прописать перечень необходимых документов и порядок направления на лечение нуждающихся сотрудников. Проведенный опрос сотрудников УИС показал, что более 2/3 респондентов недовольны не только условиями, в которых оказываются медицинские услуги, но и качеством оказанной им медицинской помощи. Рассмотрены права и возможности сотрудников УИС по предъявлению претензий к лечебному учреждению в случае неудовлетворенности качеством оказанной медицинской услуги (помощи). Анализируются проблемы правового регулирования и практического решения вопроса, оценки качества оказанной медицинской услуги (помощи). Предлагается сформировать в системе ФСИН России институт экспертов по оценке качества медицинской помощи. The article raises certain issues of the legal nature of the provision of medical assistance to the penal correction system in medical institutions of the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Defense of the Russian Federation, as well as institutions of the state or municipal health systems. The analysis of the regulatory framework of the Ministry of Health and the Ministry of Justice, which regulates the provision of medical care. It is shown that the federal and departmental regulatory legal acts of the Ministry of Justice do not legislatively regulate the procedure for providing high-tech medical care according to the list of species that are not included in the basic program of compulsory medical insurance. In order to fill the gap in the legislation, it is proposed that the medical service of the Federal Penitentiary Service of Russia develop an appropriate regulation in which a list of necessary documents and the procedure for referring treatment to needy employees are prescribed. A survey of employees of the penal correction system showed that more than 2/3 of respondents are dissatisfied not only with the conditions in which medical services are provided, but also with the quality of medical care provided to them. The rights and possibilities of the penitentiary system staff to make claims to a medical institution in case of dissatisfaction with the quality of the medical service (assistance) provided are examined. The problems of legal regulation and practical solution of the issue, assessing the quality of the medical service (assistance) provided are analyzed. It is proposed to form an institute of experts in the FSIN system for assessing the quality of medical care.


Author(s):  
Taras Didych

The author analyzes doctrinal approaches to characterizing the prospects for the development of law-formation in Ukraine. The methodological inadequacy of ensuring the study of the prospects of development of legal phenomena, including lawmaking, is noted. It is noted that law-formation as a socio-legal phenomenon is due to various factors of its development, is influenced by the peculiarities of society as a sphere of its existence, and the state as a central subject of law-making. This conditionality of the process of law formation characterizes such dialectical regularities as the presence of prospects for development and the ability to improve legally significant activities, including activities in the field of law enforcement. Prospects for the development of law-formation as its integral property, reflects the relevant qualitative changes in the process and content of the law-formation, occurring within the temporal boundaries and characterize the law-formation as a phenomenon that has the dynamics of its development. These characteristics of the law-formation are most thoroughly and comprehensively disclosed in terms of prognostic method of scientific research, because, on the one hand, based on temporal properties and due to relations between subjects, changes in their content that form the basis of law, and on the other hand, they are manifested at the level of legal institutions (the process of law-formation, norms of law, legal regulation, the subjective composition of law-making, etc.). In this regard, the issue of prospects for the development of lawmaking and ways to improve it in terms of improving the process of law formation, identification and consideration of objective laws of its development, improving the quality of law, the quality of its expression, the effectiveness of public relations is important. scientific rethinking in order to develop scientific knowledge about the prospects of law, ways to improve both the process of its formation and improve the quality of law itself. Based on the analysis of scholars' views on the problem of studying law-formation in modern conditions of development of Ukrainian society, the cognitive perspectives of application of the prognostic method of studying law-making in Ukraine are established. Prospects for the development and ways to improve law-formation as independent theoretical and legal aspects of knowledge of law education require the isolation and further application of the prognostic method of research, which is potentially able to: first, to reveal lawmaking through the prism of its development; secondly, to reveal in the most comprehensive way the objective and subjective aspects that determine the future qualitative state of the law-formation, to determine the ways of influencing the formation of law to increase its level; thirdly, to structure the development of law-formation in separate directions.


Author(s):  
Svetlana Parkhomenko ◽  
Sergey Milyukov ◽  
Andrey Nikulenko

At the current stage of social development, the protection of the interests of a person, society and the state from publically dangerous infringements is reaching a conceptually new level. Russian and foreign legislation, as well as theoretical publications, are paying more and more attention to the possibilities of the lawful infliction of harm under the circumstances that preclude the criminal character of an action. The abovementioned norms have a special place in criminal or other legislation because they contain clauses that allow inflicting harm on public relations protected by criminal law. Criminal legislation, recognized worldwide as penal in its essence (e.g. the Penal Code — «penal» being the synonym of «retributive», «punitive» and «vindictive») still contains a specific chapter devoted to such circumstances and includes norms that define the conditions and grounds for inflicting harm on public relations protected by criminal legislation, and this harm is recognized as lawful and even publically beneficial. These norms should be viewed as a specific legal phenomenon not only in Russian, but also in foreign criminal legislation and other types of legislation. However, the analysis of law enforcement practice does not allow to judge the effectiveness of their use by both law enforcement employees and citizens who protects their lawful rights and interests against publically dangerous infringements or engage in other publically beneficial behavior. In our opinion, the problems of law enforcement are connected with legislative support, and specifically with the area of substantive law. The authors of the article summarize many possibilities of using the norms of Chapter 8 of the Criminal Code of the Russian Federation that have not been realized yet. They take into account and stress the isolation and independence of these norms, the necessity of their presence and reflection specifically in the criminal legislation. The authors also recommend to change the method of legal regulation of the circumstances that preclude the criminal character of the action and to use it as a basis for introducing significant changes in the contents of the abovementioned norms with the aim of improving the effectiveness of their enforcement in practice.


2016 ◽  
Vol 6 (1) ◽  
pp. 7
Author(s):  
Marine Zaurovna ABESALASHVILI ◽  
Lyudmila Aleksandrovna ERTEL ◽  
Rafael Filevich MUSTAFIN ◽  
Rustem Askarbaevich TKHAKUSHINOV

The submitted article covers some issues of regulations of contractual medical services in the Russian Federation. The contemporary state of regulations in connection with contractual medical services providing, as opined by many researchers, leaves much to be desired. Medical services contract, being a particular case of fee-based services contract has its specifics which must be reflected in regulations. The authors study the issues on setting the terms of services quality in the contract, quality and result relation in the context of healthcare system reform tasks, one of which is medical services quality improvement. In a medical services contract the quality of medical services is related by authors to their standards. Conclusions and offers on improvement of legal regulation are based on the study of issue’s background, current legal regulation, opinions of other researchers on commercial medicine. The result guarantee prohibition offered by authors in medical services contract, more detailed specification of terms and conditions, information mandatory for submission to patients will allow to protect consumer’s rights and decrease abuse in commercial medicine.


Author(s):  
Egor Viktorovich Trofimov ◽  
Oleg Gennad'evich Metsker ◽  
David Dokkaevich Paskoshev

The subject of this article is the public relations arising in the context of committing petty theft, as well as research means and methods for assessing the optimization of legislation and law enforcement. Due to the specific structure of administrative prejudice, the article presents the methodology and results of the analysis big data of judicial acts in cases of petty theft (the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation) for assessing the quality of justice and optimization of legal regulation. The research is founded on the original interdisciplinary methodology, which contains the indicator approach along with the set of legal and computer aided techniques, including intellectual text and data mining, as well as machine learning. It is demonstrated that the judgments of conviction do not have considerable differences in the semantics and logical complexity of decision-making in comparison with the ruling on imposition of administrative penalty; the logic of making decisions on the choice of administrative or criminal penalty for petty theft varies, whereby the choice of administrative penalty is more differentiated. Despite the identity of acts related to administrative prejudice, their regulation by different laws leads to different enforcement results. Administrative-tort regulation is more optimal. Administrative responsibility for petty theft is rather humane for the society overall, although for victims, criminal responsibility appears to be more humane. Having analyzed the array of information, the author extracts certain knowledge on the administrative-tort and criminological characteristics of petty theft alongside peculiarities of court proceeding and imposition of penalties, as well as concludes on applicability of the developed methodology towards analyzing big data of case law on administrative and criminal offenses.


2021 ◽  
pp. 136-144
Author(s):  
K. M. Huseynova

The purpose of this article is to determine the characteristics of the content, implementation and protection of a child’s right to a name in accordance with the legislation of Ukraine and the Russian Federation. The author analyzed the relevant provisions of the current civil and family legislation of Ukraine and the Russian Federation, established the points of view of legal scholars on the issues that make up the subject of the study, made proposals to improve the legal regulation of public relations related to the implementation and protection of a child’s right to a name in Ukraine. The conclusion is justified that the child’s right to a name is an independent subjective personal non-property right, the content of which includes the right to receive a name, change (replace) the name, use and protection of the name. According to the legislation of Ukraine and the Russian Federation, the realization of these rights is possible by the holder of this right himself – the child only in cases expressly provided for by the current legislation. In other cases, these powers shall be exercised by the parents of the child (other legal representatives or authorized bodies) in the interests of the last. Attention is drawn to the fact that the law gives the child the right to submit an application to change (replace) the name only from a certain age (16 years in Ukraine, 14 years in the Russian Federation). It is proposed that the Ukrainian legislator change this approach to “linking” to the volume of civil legal capacity of minors, when with reaching the age of 14, the child is granted the right to perform legally significant actions with the consent of legal representatives.


2020 ◽  
Vol 7 (6) ◽  
pp. 64-74
Author(s):  
I. N. Bogataya ◽  
E. M. Evstaf’eva

The article is devoted to the issues of development of methodological approaches to accounting and auditing of estimated values and their changes in the conditions of digitalization. The purpose of the research is to study modern methodological approaches to accounting and auditing of estimated values, taking into account the specifics of the current stage of digital transformation, and to develop the main directions for their improvement in order to improve the quality of the information base in order to be able to make sound management decisions. The theoretical and methodological basis of the research consists of the evolutionary-adaptive theory, balance sheet theory, risk-based approach, methods contained in IFRS, ISA, FSB in the field of accounting and auditing of estimated values, regulatory legal acts of the Russian Federation, research in the field of modern international and Russian accounting and auditing practice. The research methodology included a review of accounting and auditing practices in the field of estimated values. The main features of accounting and auditing of estimated values are defined. Methodological approaches to improving accounting and auditing of estimated values that are based on digital technologies are proposed. Implementation of the proposed methodological approaches to accounting and auditing of estimated values in the context of digitalization will significantly improve the quality of accounting and control support for business.


2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.


2021 ◽  
Vol 4 ◽  
pp. 74-78
Author(s):  
Ilya S. Gorshkov ◽  

The general state of providing public security, in which a most important element is the degree of protection of the person from socially dangerous attacks, in any state, is directly related to the quality of regulation of some public relations that directly affect this criterion. Among such public relations, undoubtedly, take a special place the trafficking of civilian firearms for self-defense.


2020 ◽  
Vol 11 (1) ◽  
pp. 136
Author(s):  
Saria NANBA ◽  
Emil ALIMOV

The research is devoted to the constitutional legal regulation of local self-government in Russia. A study of democratic principles and established social relations allows authors to understand the state of local democracy in Russia and to assess the current situation from various points of view. An analysis of the local self-government reforms in Russia and budget policy will allow a better understanding of the further public and social development in Russia. The article analyzes the directions of legislative developments concerning local self-government in the Russian Federation, which sometimes have a multidirectional nature. Also, there are several issues raised in this article: doctrinal approaches and law-enforcement practice the constitutional foundations of local self-government, the competence of local authorities, the direct citizens’ participation in the conduct of local self-government and the local self-government financing. The authors conclude that current legal regulation of the local self-government can be referred to the mixed model. In the course of the study, the several deviations from the constitutionally established model of local self-government have been revealed.


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