scholarly journals Awareness as a criterion of the legality of obtaining the patient's consent to medical intervention

2021 ◽  
Author(s):  
AN Pishchita ◽  
VA Alekseev ◽  
KN Borisov
Keyword(s):  
Twentieth Century ◽  
Medical Care ◽  
Russian Federation ◽  
Medical Intervention ◽  
Health Protection ◽  
Federal Law ◽  
The Russian Federation ◽  
Federal Laws

The doctrine of compulsory obtaining the patient's consent to medical intervention emerged in the forties of the twentieth century, however, until now the problem of obtaining the patient's consent cannot be categorized as finally resolved. One of the criteria for the legitimacy of the intervention is the patient's complete (sufficient) awareness of the proposed medical intervention, the risks and complications of its implementation. In addition, the expansion of the rights of citizens receiving medical care within the framework of the Federal Law of November 21, 2011 N 323-FZ "On the Basics of Health Protection of Citizens in the Russian Federation", as well as the dissemination of federal laws that protect the rights of citizens as consumers services and work for patients significantly increases the requirements for the work of medical workers, whose duties include strict observance of the rights of patients.

scholarly journals Concerning certain issues of legal regulation, goal-setting, management and work of the bank of Russia

2019 ◽  
pp. 66-80
Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov
Keyword(s):  
Central Bank ◽  
Goal Setting ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
State Governance ◽  
The Russian Federation ◽  
Federal Laws ◽  
Working Out ◽  
Reserve System

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

PROBLEMS RELATED TO FIRST AID EQUIPMENT: ORGANIZATIONAL AND LEGAL ASPECT

2020 ◽  
Vol 66 (5) ◽  
pp. 10-10
Author(s):  
L.I. Dezhurny ◽  
◽  
A.Yu. Zakurdaeva ◽  
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Medical Devices ◽  
First Aid ◽  
Health Protection ◽  
Federal Law ◽  
Ministry Of Health ◽  
The Russian Federation ◽  
State Registration ◽  
Public Health Protection

The article examines organizational and legal problems related to state registration, production, procurement and use of medical devices for first aid. The study significance is accounted for by the need to find solutions to problems related to equipping first aid activities with medical devices, which is becoming extremely important for the modern Russian society. Moreover, a comprehensive study of these issues has not been undertaken so far. The purpose of the study is to develop a set of proposals of an organizational and legal nature to improve quality of medical devices for first aid and equipping all potential participants of first aid delivery with such devices. To eliminate the problem of low equipment of potential participants of first aid delivery with the means of delivery, the composition of first-aid kits, packs, sets, and packages for all categories of participants have to be approval by the Ministry of Health of the Russian Federation. The authors also propose organizational and legal measures to improve interdepartmental and intradepartmental cooperation in this direction with the Russian Ministry of Health playing the coordinating role. The authors have also identified the need for improving the procedure for state registration of the production of first aid devices either though amending the Federal Law "On the Basics of Public Health Protection in the Russian Federation" regarding the provision that first-aid kits, packs, sets, and packages equipped with medical devices registered in the prescribed manner are not subject to state registration. As an alternative, the authors propose amendments and additions to the Rules of the state registration of medical devices, providing for a simplified state registration of first-aid kits, packs, sets, and packages. In addition, the authors name arguments in favor of improving the clinical trial procedure for first aid medical devices and propose changes to Article 38 of the Federal Law “On the Basics of Public Health Protection in the Russian Federation” in terms of eliminating the problems of legal techniques in the definition of the term “medical device” regarding first aid. Keywords: First aid; first aid kits; first aid equipment; medical devices.

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

Occupational Standards in Russia: Point of No Return Is Crossed

2016 ◽  
Vol 5 (3) ◽  
pp. 26-31
Author(s):  
Лебедев ◽  
V. Lebedev
Keyword(s):  
Human Resources ◽  
Russian Federation ◽  
Professional Standards ◽  
Federal Law ◽  
Independent Evaluation ◽  
Point Of No Return ◽  
The Russian Federation ◽  
Federal Laws ◽  
Occupational Standards ◽  
Legal Forms

The article considers the stages of development of human resources policy, carried out the analysis of the amendments made to the Labour Code of the Russian Federation, of the professional standards; considers the main provisions of the federal laws “On the independent evaluation of the qualification”, “On Amendments to Part Two of the Tax Code of the Russian Federation in connection with adoption of the Federal Law” On the independent evaluation of the qualification”, “On Making Amendments to the Labor Code of Russian Federation in connection with adoption of the Federal law “On the independent evaluation of the qualification”, that shall enter into force on 1 January 2017. The author offers to specify the legislator proposed initiatives, in particular on the organizational and legal forms and requirements to the personal composition of the evaluation centers.

scholarly journals Model and principles of organizing emergency specialized medical care for children at the stage of medical evacuation

2021 ◽  
pp. 52-61
Author(s):  
O. S. Maltseva ◽  
D. A. Shelukhin ◽  
K. V. Pshenisnov ◽  
Yu. S. Aleksandrovich ◽  
A. A. Redkokasha ◽  
...  
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Regulatory Framework ◽  
Critical Conditions ◽  
Federal Law ◽  
Medical Specialties ◽  
Medical Evacuation ◽  
Emergency Medical ◽  
The Russian Federation ◽  
Operational Service

Relevance. The problem of organizing specialized medical care in emergency forms for children is caused by three groups of reasons: the presence at the junction of several adult and pediatric medical specialties, the medical and geographical features of the country and the lack of a unified regulatory framework.Intention. To increase the availability of medical services and reduce regional inequality in their distribution. A model of organizing a single operational service of specialized medical care for children and the basic principles of its functioning on the territory of the Russian Federation are proposed.Methodology. Statistical data, features of legislation, ways of solving the problem in certain regions and the achievements of initiative groups of specialists are analyzed.Results and Discussion. Since 2000, the number of hospital beds for children, the number of emergency medical stations has decreased, and the number of diseases and conditions requiring specialized emergency care for children has increased. Infant mortality rates in remote and hard-to-reach regions exceed the national average by 1.5–2.6 times. At the same time, the current statistics of medical evacuations of children are not accurately reflected in any of the official sources. The regulatory framework for medical evacuation of children includes three “ Procedures for providing medical care “in the profile “ambulance”, “neonatology” and “obstetrics and gynecology” and Federal Law N 323. The law implies the presence of mobile teams in hospitals and departments of different profiles that are not related to each other, but there is no structure that unites them and analyzes the results of work at the federal level.Conclusion. To solve the problem, it is necessary to create a federal operational service and a “hotline” that can be contacted by any resident of the country, to form a federal medical register of critical conditions in children, to develop and implement common principles of diagnosis and treatment. The presented model and principles contribute to the development of a three-level system of emergency medical care and correspond to the goals and objectives of the Ministry of Health of the Russian Federation set out in Letter N 14-3/n/2-2339 of 20.03.2019.

scholarly journals Important Legislative Initiative (Draft Bill “On Amending the Federal Law ‘On Legal Deposit Copy of Documents’”)

2015 ◽  
pp. 17-20 ◽  
Author(s):  
Nikolai A. Sakharov
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Electronic Copy ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
Federal Laws ◽  
Draft Bill ◽  
The One

There is reviewed the Draft Bill, prepared by the Ministry of Culture of the Russian Federation, providing for introduction into the one of the basic Federal laws in the field of librarianship “On Legal Deposit Copy of Documents” the concept of “Electronic Copy of Printed Publications”, relating to the types of documents included into the Legal Deposit Copy. Special attention is paid to the proposal to significantly reduce the number of the hard copies of legal deposit publications to be sent to the largest libraries of the Russian Federation and other organizations.

scholarly journals Extended First Aid: Perspectives and Challenges of Regulatory and Legal Framework

2021 ◽  
pp. 32-36
Author(s):  
A.Yu. Zakurdaeva ◽  
◽  
L.I. Dezhurny ◽  
A.A. Kolodkin ◽  
◽  
...  
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Legal Framework ◽  
First Aid ◽  
Health Protection ◽  
Armed Conflicts ◽  
Federal Law ◽  
The Russian Federation ◽  
The Government ◽  
Public Health Protection

In order to improve quantitative and qualitative characteristics of first aid, an urgent need arose to increase its authorised volume for certain categories of first aid providers in accidents, disasters, natural calamities, epidemics, terrorist acts and armed conflicts and under other special conditions. In accordance with Order No. 3155-r of the Government of the Russian Federation of 28 November 2020, legislative mechanisms should be developed by December 2021 to expand the scope of first aid. Introduction of changes and additions into Art. 31 of Federal Law No. 323-FZ of 21 November 2011 “On Fundamentals of Public Health Protection in the Russian Federation” will make it possible to update current legislation by amending a number of acts and by adopting new documents. The authors suggest the development of draft amendments to the federal law “On Medical Drugs Circulation”, to draft normative legal acts of the Government of the Russian Federation and of federal executive bodies which will be necessary for implementation of norms of the federal law “On Amendments to Art. 31 of the federal law “On Fundamentals of Public Health Protection in the Russian Federation”.

scholarly journals Citizens' Rights to Health Protection and Medical Assistance, Guaranteed by Article 41 of the Constitution: Problems of Enforcement

2019 ◽  
Vol 3 (1) ◽  
pp. 97-103
Author(s):  
Ольга Фадеева ◽  
Olga Fadeeva
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Russian Federation ◽  
Medical Personnel ◽  
Right To Health ◽  
Health Protection ◽  
Medical Specialists ◽  
Medical Graduates ◽  
The Russian Federation ◽  
The Right

The paper reflects the state of the modern healthcare system and various enforcements of the right to medical care guaranteed by the Constitution of the Russian Federation. The right to health, as well as the provision of qualified, free, and timely health care, are among the most important and fundamental human rights. The paper also features some key enforcement problems concerning the right to health protection and medical care, guaranteed by Article 41 of the Constitution of the Russian Federation, e.g. a lack of medical personnel, untimely provision of the first aid, and insufficient financing in the health care system. The article also considers the causes and consequences of "staff shortages" in Russian hospitals, employment of medical graduates, and financial support of young medical specialists. The author analyzes the equipment status of medical organizations in 2018 and 2016, voices the problem of optimization in healthcare institutions by reducing the inpatient level and expanding outpatient clinics, and offers statistics of complaints to the Department of Public Health on quality and timeliness of medical care. The author believes that the enforcement of the right of citizens guaranteed by Article 41 of the Constitution of the Russian Federation can be characterized as very low, which indicates the pretentiousness of the law.

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