scholarly journals The problem of unreliability of information in the system of compulsory medical insurance in the context of the implementation of the constitutional right to free medical care

2021 ◽  
Vol 21 (2) ◽  
pp. 206-214
Author(s):  
Veronika A. Fadeeva ◽  
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Insurance ◽  
Relevant Information ◽  
Medical Services ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
The Cost

Introduction. The addition of the section “Information on the cost of medical services rendered” to “Public Services”, the state information system, allowed the citizens of the Russian Federation to receive relevant information promptly. This possibility soon exacerbated the problem of unreliability of information about the medical services provided to the insured persons under compulsory medical insurance. The article defends a position based on the legal analysis of the legislation of the Russian Federation in the sphere of compulsory medical insurance. According to this position, the problem can be overcome by appropriate changes in the regulatory documents governing the control powers of the territorial funds of compulsory medical insurance, health insurance organizations. Theoretical analysis. The right to reliable information is enshrined in a number of regulatory legal acts of the Russian Federation, the analysis of which allows us to investigate the problem of unreliability of information in the system of compulsory medical insurance (“medical prescriptions”). Empirical analysis. Identification of unreliability of information about the provided medical services can be carried out both by the insured persons under compulsory medical insurance and through the control of the competent authorities. In this regard, the article analyzes the control powers of the territorial funds of compulsory medical insurance, medical insurance organizations. Results. The result of the author’s analysis of the problem of unreliability of information in the system of compulsory medical insurance (“medical attributions”) is a proposal to improve the procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care for compulsory medical insurance.

The Constitutional Right to Healthcare and Medical Care for Students in Schools: Chosen Aspects

2019 ◽  
Vol 9 (4) ◽  
pp. 53-57
Author(s):  
Lyaysan Renatovna Mustafina ◽  
Gulnara Mullanurovna Khamitova
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Legal Status ◽  
Developed Countries ◽  
Medical Assistance ◽  
Legal Relationship ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Relationship Of

Abstract The problem of legislative entrancement and protection of students' rights in the sphere of healthcare is one of the most pressing. “Health is a state of complete physical, mental and social wellbeing; it is not a mere absence of ailments or physical defects”. The Russian Federation students often face declarative attitude in medical practice, he is often ignored, despite having rights (property or personal) and freedoms of accessing medical assistance. In order to introduce quality changes to the system of students' rights protection in Russia, this problem requires a complex solution. The right to healthcare and medical assistance is entrenched in the domestic legislation, foremost in the Russian Federation Constitution. The right to free medical care in compliance with the program of the state-guaranteed free medical assistance, as well as paid medical service and other services, is entrenched in Article 41. Along with it no less relevant and almost undeveloped is a problem of defining the legal status of the students. How do we define and protect the rights and freedoms of them as a part of the Russian Federation entrenched in the Russian Federation Constitution accurately? In developed countries approaches to forming a legal relationship of the medical organizations with the student's need for medical care changed significantly in the past years. Many world countries, starting from the XX 90th, carry out purposeful introducing the general principles of the students' rights, as well as other people's legal status entrenchment into their legislation, pay considerable attention to these rights’ implementation mechanisms. Thus, the problem of students' legal status, which complexity is predetermined by the law specifics, is one of the most difficultly resolved theoretical and practical issues in the sphere of medical-legal relationship. The present article is devoted to the analysis of specific aspects of this problem, authors offer a new approached to its resolution.

ANALYSIS OF THE QUALITY OF MEDICAL CARE PROVIDED BASED ON INSURANCE SUPERVISORY

2020 ◽  
pp. 160-170
Author(s):  
Ольга Игоревна Муратова ◽  
Наталия Андреевна Матвеева
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Insurance ◽  
Insurance Companies ◽  
Medical Services ◽  
Medical Organization ◽  
Medical Institutions ◽  
Quality Of Medical Care ◽  
The Russian Federation

Статья посвящена анализу качества медицинской помощи, оказываемой населению в рамках системы обязательного медицинского страхования (ОМС), на основе мероприятий страхового надзора над медицинскими организациями. Полис ОМС гарантирует пациентам доступность, качество и своевременность предоставления медицинских услуг. Проверка качества медицинской помощи производится путем осуществления экспертиз и контроля уполномоченными органами РФ по направлениям: законности работы медицинской организации, системности оказания медицинской помощи, результативности и своевременности проводимых мероприятий в рамках оказания медицинской помощи. Таким образом, страховой надзор за медицинскими организациями осуществляется путем соблюдения объема, сроков и условий оказания медицинской помощи, контроля качества медицинской помощи фондами обязательного медицинского страхования и страховыми медицинскими организациями в соответствии с законодательством Российской Федерации. Страховой надзор над медучреждениями осуществляется в рамках ОМС и включает следующие виды страхового надзора: медико-экономический контроль, медико-экономическая экспертиза и экспертиза качества медицинской помощи. Отличительной особенностью современного состояния системы страхового надзора за качеством оказываемой медицинской помощи в системе ОМС является его совершенствование на основе анализа удовлетворенности потребителей медицинских услуг, что позволяет выявить нарушения, которые допущены при оказании медицинской помощи. Причем эти мероприятия способствуют как повышению качества обслуживания застрахованных лиц, так и улучшению репутации медицинских организаций, что серьезно влияет на решения участников программы обязательного медицинского страхования. Повышение ответственности страховых компаний становится важным элементом модернизации системы ОМС. В этой связи актуальным является обеспечение эффективной работы страховых медицинских компаний и медицинских учреждений на принципах конкурентоспособности и повышения качества медицинской помощи, реализуемое с помощью механизмов ориентации на требования потребителей медицинских услуг The article is devoted to the analysis of the quality of medical care provided to the population within the framework of the system Compulsory health insurance (CHI), based on the measures of insurance supervisory over medical organizations. The CHI guarantees patients the availability, quality and timeliness of medical services. Quality control of medical care is performed by carrying out examinations and control by the authorized bodies of the Russian Federation in the following areas: the legality of the work of a medical organization, the consistency of medical care, the effectiveness and timeliness of measures taken within the framework of medical care. Thus, insurance supervisory of medical organizations is carried out by observing the scope, terms and conditions of medical care, and monitoring the quality of medical care by mandatory medical insurance funds and insurance medical organizations in accordance with the legislation of the Russian Federation. Insurance supervisory of medical institutions is carried out within the framework of the CHI and includes the following types of insurance supervisory: medical and economic control, medical and economic expertise and examination of the quality of medical care. A distinctive feature of the current state of the system of insurance supervisory over the quality of medical care in the CHI system is its improvement based on the analysis of satisfaction of consumers of medical services, which allows you to identify violations that have been committed in the provision of medical care. Moreover, these measures contribute both to improving the quality of care for insured persons and to improving the reputation of medical organizations, which seriously affects the decisions of participants in the compulsory medical insurance program. Increasing the liability of insurance companies is becoming an important element of the modernization of the CHI system. In this regard, it is important to ensure the effective operation of medical insurance companies and medical institutions based on the principles of competitiveness and improving the quality of medical care, implemented through mechanisms of orientation to the requirements of consumers of medical services

scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

scholarly journals THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

2018 ◽  
pp. 17-21
Author(s):  
M.N. Rudman
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Environment Analysis ◽  
Healthy Environment ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

2019 ◽  
pp. 121
Author(s):  
Alexandra Borimecicova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Migration Policy ◽  
Legal Analysis ◽  
Distinctive Features ◽  
Work Permit ◽  
Right To Work ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

To the Question of Private Ownership of Agricultural Land in Russia and Kazakhstan: Comparative and Legal Analysis

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Алмагуль Дюсюпова ◽  
Almagul Dyusyupova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Scientific Article ◽  
Private Ownership ◽  
Legal Analysis ◽  
Theoretical Understanding ◽  
The Russian Federation ◽  
The Republic ◽  
Economic Perspectives ◽  
The Right

Socio-economic nature and legal content of private ownership of agricultural land in the Russian Federation and the Republic of Kazakhstan have accumulated new features that have not yet received sufficient theoretical understanding, scientific analysis and cross-light. This scientific article deals with the right of private ownership of agricultural land under the laws of Russia and Kazakhstan. The article describes the formation and development of the institution of private ownership of land in the Russian Federation and the Republic of Kazakhstan from the philosophical, historical, legal and economic perspectives. The author determines the legal essence, the characteristics and features of private ownership of agricultural land under the new economic conditions in the competitive environment. The author makes an attempt to understand the formation and development of this institution at the present stage of the development of our society.

Legal basis of the mechanism of implementation of the constitutional right to social security in the Russian Federation

2019 ◽  
Author(s):  
Павел Байматов ◽  
Pavel Baymatov
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Legal Basis ◽  
Role Of The State ◽  
Municipal Employees ◽  
Wide Range ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The monograph is a study of theoretical and practical problems associated with the implementation of the constitutional right of citizens to social security. It adequately covers the historical and contemporary issues of the right to social security in Russia, studying international experience. The book raises the problem of implementation of the constitutional right of citizens to social security in the Russian Federation in modern conditions, if necessary, reduce the paternalistic role of the state, proposed measures aimed at increasing the role of citizens, identified theses related to the search for the most optimal and effective forms of modernization of the mechanism of realization of the right to social security. The book is addressed to state and municipal employees, deputies of representative bodies of state power and local self-government, researchers, teachers, graduate students, students of Humanities and a wide range of readers.

The “Bolotnoe Affair” and the Implementation of the Right to Freedom of Assembly in the Russian Federation

2016 ◽  
Vol 41 (3-4) ◽  
pp. 396-426
Author(s):  
Mariya Riekkinen
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
Court Cases ◽  
Legal Analysis ◽  
Parliamentary Elections ◽  
European Court ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

A series of protests across Russia, triggered by procedural violations during the 2011 parliamentary elections and results of the 2012 presidential elections, culminated on 6 May 2012 with a demonstration at Bolotnaia Square in Moscow. That demonstration led to violent clashes between protesters and the police. The dispersal of this demonstration and the subsequent criminal and administrative trials conducted against some of the protesters, as well as the controversy regarding the severity of some of the penalties imposed by the courts, became known as the Bolotnoe Affair. The Bolotnoe Affair is analyzed from the perspective of implementing the right to freedom of assembly in Russia. The main goal is to conduct a contextual legal analysis clarifying whether the right to freedom of assembly is adequately implemented in the legal order of the Russian Federation, in order to illustrate whether the protesters in the Bolotnoe Affair were able to express their opinions with regard to the procedure and results of the elections. The leading court cases relevant to the participatory rights of the protesters as exemplified by the appellate decisions of the Moscow City Court will also be examined. In particular, twelve decisions of the Moscow City Court during the period 2012–2014 (full texts of which are reproduced in publicly available legal databases) are reviewed, as well as two recent judgments in European Court of Human Rights (ECtHR) cases closely related to these earlier cases. Analyzing the Moscow City Court decisions vis-à-vis the judgments of the ECtHR, the author concludes that the Moscow City Court’s rulings did not conform with the provisions of the European Convention on Human Rights (echr) regarding the right to freedom of assembly and the right to liberty.

scholarly journals Problems of Legal Regulation of Palliative Medical Care in the Russian Federation Subjects

2020 ◽  
Vol 17 (3) ◽  
pp. 78-82
Author(s):  
Anna Trutaeva
Keyword(s):  
Social Security ◽  
Medical Care ◽  
Russian Federation ◽  
State Power ◽  
Legal Regulation ◽  
Existing Problems ◽  
Degree Of Disability ◽  
The Russian Federation ◽  
The Right ◽  
Palliative Medical Care

Introduction. The problem of ensuring equal scope of the right to palliative medical care of citizens living on the territory of various subjects of the Russian Federation is raised. The article describes the current legal regulation of palliative care in the Russian Federation and the existing problems of providing it. Purpose. The author aims to determine the place of legal regulation in the mechanism of ensuring the right to palliative medical care and ways to increase the degree of guarantee of this right. Methodology. Methods of analysis and synthesis, formal-logical and comparative-legal methods are used. Results. A brief overview of the current legal regulation at the Federal level and in the subjects of the Russian Federation is given, and the different scope of the right to palliative medical care of citizens living on the territory of different subjects of the Russian Federation is recorded. The article highlights the consequences of different approaches to the legal regulation of the issues under consideration, and suggests changes to them. Population by sex and age, the structure of its incidence and the degree of disability in subjects of the Russian Federation are not the same, and the bodies of state power of subjects of this level have the ability to define the needs of the population in the form of medical care that is consistent with the goal inherent in the activities of the bodies of state power of subjects of the Russian Federation in the field of social security, namely with regard to the influence of the specific features on the life of citizens and securing a reasonable differentiation of social security. Conclusion. It is concluded that it is necessary to fix the guarantee of palliative medical care in the normative legal acts of the subjects of the Russian Federation regulating the issues of public health protection, regardless of the territory of living, gender, age, diagnosis and stage of treatment.

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