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 ◽  
◽  
...  

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”.

2020 ◽  
Vol 66 (5) ◽  
pp. 10-10
Author(s):  
L.I. Dezhurny ◽  
◽  
A.Yu. Zakurdaeva ◽  

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.


2020 ◽  
Vol 13 (2) ◽  
pp. 123-152
Author(s):  
Sergey Victorovich Potapenko ◽  
Evgeniy Borisovich Luparev

The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.


2020 ◽  
Vol 1 ◽  
pp. 60-77
Author(s):  
D. M. Mustafina-Bredikhina ◽  

The review examines the procedure of courts ' actions when considering administrative cases that arise in the course of challenging administrative responsibility in the field of health protection and sanitary and epidemiological welfare of the population; analyzes the practice of courts in various regions of the Russian Federation. The paper examines various types of judicial proceedings in this category of cases, examines the competence of both courts of General jurisdiction and arbitration courts, and focuses on administrative cases that arise in the course of challenging decisions on bringing to administrative responsibility taken by judicial bodies and state control and supervision bodies in the field of public health protection and sanitary and epidemiological welfare of the population.


2020 ◽  
pp. 3-8
Author(s):  
D. V. Piven ◽  
◽  
I. S. Kitsul ◽  
I. V. Ivanov ◽  

The article suggests legislative implementation of certain “medical” amendments to the Constitution of the Russian Federation. The authors propose to add two articles to the Federal law “on the basics of public health protection in the Russian Federation” dated 21.11.2011 N323-FZ. In one article, it is proposed to reveal and specify the content of the newly introduced in the Constitution of the Russian Federation concept “unified legal bases of the health care system”. Another proposed article reveals the forms and content of work on the coordination of health issues, again referred by the Constitution of the Russian Federation to the joint responsibility of the Russian Federation and the subjects of the Russian Federation. According to the authors, the proposed changes in legislation will allow to ensure in practice the proper implementation of “medical” amendments to the Constitution of the Russian Federation, which in turn will ensure the improvement of legal regulation of the organization and activities of health care, and strengthen its material and technical base.


Author(s):  
VALENTINA KVANINA

Introduction: under the conditions of economic sanctions imposed by foreign countries against Russia, the issue of import substitution was sharply raised. Its mechanisms are stipulated, among other things, in the Article 14 of the Federal Law «On the contract system in the procurement of goods, works, services for the provision of state and municipal needs» (hereinafter – Federal Law No. 44): prohibitions, restrictions and conditions for admission of foreign goods, works, services on the territory of the Russian Federation. These mechanisms find reflection and development in the decisions of the Government of the Russian Federation, which create difficulties in their application by business entities. The article makes an attempt to analyze the legal framework on this issue, to identify problems and suggest ways to solve them. Methods: the general scientific methods of research (formal and dialectical logic, systemic) and private-science methods (comparative legal, formal-legal) were used in the article. This allowed to determine, on the basis of analysis of international legal acts, Russian legislation and law-enforcement practice, the limits of restrictions, prohibitions and conditions for admission of foreign goods, works, services to the Russian market. Analysis: the article analyzes the institution of national public procurement regimes enshrined in international legal acts, regulatory legal acts of the Russian Federation, including resolutions of the Government of the Russian Federation in which prohibitions, restrictions and conditions for admission of foreign goods, works, services in the territory of the Russian Federation are established; the problems that are caused by the unsystematic nature of Russian legislation are revealed. Results: the analysis of the legal framework on the national regime of public procurement made it possible to come to a conclusion about its imperfection and the need for carrying out its comprehensive expertise that would identify all the problematic aspects in this area and suggest ways of eliminating them. Moreover, it is necessary to develop a single set of issues that should be reflected in all decisions of the Government of the Russian Federation on prohibitions, restrictions, conditions for admission of foreign goods, works and services within the framework of the national public procurement regime.


2020 ◽  
Vol 64 (4) ◽  
pp. 202-208
Author(s):  
Nikolay F. Gerasimenko ◽  
Dmitriy A. Lisovskii

Based on the study of the results of legislative activity, the directions of legal regulation in the field of public health in Russia are determined. The existing legislative framework that defines the protection of citizens’ health and the possibility of systematization and codification of laws is considered. The main directions of the development of legislation in the field of healthcare of the Russian Federation for the coming years are determined.


Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva

The initiatives of the Government of the Russian Federation concerning the clarification of the rules for the provision of paid medical services are considered. For medical budget institutions, it is significant that such services are proposed to be regulated not only by the Federal Law “On the Basics of Public Health Protection in the Russian Federation”, but also by the Law of the Russian Federation ”On Consumer Rights Protection”. A comparative analysis of the previous and new versions of the Rules for the Provision of Paid Medical Services by medical organizations is carried out. The financial aspects of the activities of budgetary medical institutions, their property rights and the limits of the exercise of these rights are considered. The new requirements to the form and content of the contract for the provision of paid medical services, the features of the remote method of its conclusion are considered.


2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.


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