Labor of medical workers: paid in equity

Author(s):  
Viktor Lebedev ◽  
Elena Lebedeva

The issues of legal regulation of incentive payments to medical and other personnel in the context of the spread of new covid-19 coronavirus infection are considered. Done comparative analysis of the RF Government decree No. 415 of April 2, 2020, which established additional incentive payments for special working conditions and additional workload for medical workers who provide medical care to citizens who have a new coronavirus infection and those at risk of Contracting a new coronavirus infection, as well as RF Government decree No. 484 of April 12, 2020, which established additional payments to specialists who work directly with patients for the period from April to June 2020, infected COVID-19 for performing particularly important work. The issues of using the term “actually worked time” in law enforcement practice are considered.

2021 ◽  
Vol 99 (2) ◽  
pp. 103-107
Author(s):  
A. A. Litvinova ◽  
A. V. Kravtsiva ◽  
A. V. Asmolovsky ◽  
S. V. Shamatkova

Due to the difficult working conditions, the lack of effective treatment methods, and the high mortality rate, the work of doctors with a new coronavirus infection significantly affects their mental and emotional state.Objective. To study the features of the psychoemotional state of doctors, providing medical care in the context of a pandemic of a new coronavirus infection in Smolensk.Material and methods. A questionnaire was developed to study the psychoemotional state of health professionals. 110 doctors working with COVID-19 patients were interviewed at the bases of the Smolensk Regional Emergency Hospital, the Clinical Emergency Hospital, and the Clinical Hospital No. 1 in Smolensk. The results of the responses were statistically analyzed and revised.Results. There was an increased level of anxiety (average score 8.427) and depression (average score 7.518). 26.4% of the respondents were found to have a gross sleep disorder. 76.4% of doctors indicated a deterioration in their condition since starting work with COVID-19 patients. For the majority of medical professionals, the main factors that help to maintain normal psychoemotional state are the support of relatives and colleagues (93.6%) and the provision of PPE (74.5%).Conclusions. According to the results of the study, increased anxiety, depression and deterioration of the general condition of doctors working in «red zones» were found. An extremely low organization and availability of psychological support for doctors struggling with a new coronavirus infection was revealed.


2021 ◽  
pp. 65-68
Author(s):  
E.A. Annenkova ◽  
◽  
O.A. Tikhonova ◽  
A.P. Biryukov ◽  
L.I. Baranov ◽  
...  

The aim of the study is to develop and apply a mathematical model for assessing the risks of contamination of medical personnel involved in providing medical care to patients with COVID-19 in a "red zone" environment. Materials and methods. Based on the analysis of informative signs and information on working conditions in the infectious disease department of the A.I. Burnazyan Federal Medical Biophysical Center of the Federal Medical and Biological Agency of Russia, a decision-making support system was developed to provide an objective assessment of the risks of infection for medical personnel when providing medical care in the "red zone". Results of the study and their analysis. The influence of various risk factors for infection of medical personnel involved in the provision of medical care to patients with new coronavirus infection COVID-19 was analyzed; the most significant risk factors were identified.


Author(s):  
G. N. Komkova ◽  
A. V. Basova

The authors analyzed the Russian legislation, scientific literature and law enforcement practice on the nursing of newborns with extremely low body weight. They used the normative legal acts, scientific articles and court decisions on this topic. There were identified the problems of legal regulation of medical care to newborns with extremely low body weight, as well as the facts of infringement of the rights of doctors in cases of mortality of such children. The authors concluded that the legal regulation of medical care for children with extremely low body weight requires further improvement, careful analysis by medical specialists, since from a legal point of view there is no balance between the interests of children born with extremely low body weight, their parents and doctors.


Author(s):  
I. V. Korotkevich ◽  
E. P. Pajkova

Urgency of carrying out certification of workplaces on working conditions at the enterprise. The purpose of certification. Functions of the Сertification Commission. The list of workplaces being approved as subject to certification. Guarantees provided to employees according to the results of certification of workplaces. Analysis of the results of certification of workplaces on working conditions. The use of assessment results.The urgency of carrying out of certification of workplaces on working conditions and on the results of the certification, the employer determines the conditions of labour at a specific workplace, develops a plan of measures for their improvement. Only by results of certification it is possible to tell whether the right of the employee to old-age pension for work with special working conditions, additional leave for work with harmful and (or) hazardous working conditions, shorter working time, wages increased by establishing additional payments for work with harmful and (or) dangerous working conditions, certification establishes the duties of the employer under occupational pension insurance for employee


Author(s):  
Iryna Senyuta

The study of the latest civilistic instruments of medical reform is conditioned by its purpose, which is to clarify the legal nature of the declaration of choice of primary care physician and the contract for medical care under the programme of medical guarantees, highlighting the specific features of the right to choose a doctor, conditioned by the outlined tolls, as well as identifying gaps and controversies in the legislation of Ukraine and judicial practice in law enforcement in this area. The main method of the study was the method of studying judicial practice, which allowed to assess the effectiveness of law enforcement, the level of perception of legislation in this area in practice, as well as to determine the necessity of improving the legal regulation. The study highlights the problematic aspects related to the exercise of the right to free choice of a doctor, in particular due to legislative changes regarding medical reform. The legal essence of the declaration on the choice of a primary care physician has been covered. The study clarifies that it is not a transaction, but a document certifying the exercise of the right to freely choose a primary care physician. The contract on medical care of the population under the programme of medical guarantees is analysed and its civil law matter is established. It is determined that it is a contract for the provision of services under the public procurement, concluded for the benefit of third parties. The reimbursement agreement was also investigated, which is also an agreement in favour of third parties – patients in terms of full or partial payment for their medicines. The judicial practice is analysed, which gives grounds to assert the problems with enforcement and administration of law, and proposals are made to improve the current legislation, including in the aspect of the subject of the contract under the programme of medical guarantees. The "legitimate expectation" that arises in a person in the presence of regulatory guarantees is under conventional protection, as illustrated by the European Court of Human Rights in its decisions, and to change the paradigm of implementation requires a transformation of legislation. The practical significance of this study is to intensify scientific intelligence in this direction, to improve the legal regulation of these innovative legal constructions, to optimise the enforcement and administration of law in the outlined civilistic plane


Author(s):  
Leonid Ostapenko ◽  

The article is devoted to the issues of special regulation of labor relations under quarantine. Such a basic concept of labor law as remote and at-school work is considered. Comparative analysis of legislation of the countries of the world on homebased work and peculiarities of its use in modern market conditions is carried out. The example of tv workers describes the working conditions of their work both outside the permanent workplace and in the time of performance of the labor functions defined for them. Attention is paid to the need to take into account the peculiarities of remote work not only with the help of television technologies, but also in other media. Taking into account the current national legislation, new well-founded approaches in terms of the legal and organizational basis for the functioning of the labor regime during the quarantine restrictions are proposed, which to some extent will contribute to the implementation of the right to work for the population of Ukraine.


2020 ◽  
Vol 2020 (11-1) ◽  
pp. 243-248
Author(s):  
Amina Garaeva ◽  
Maksim Zaloilo ◽  
Ilia Poleshchuk ◽  
Nataliya Vlasova ◽  
Elena Fomina

The article examines the main historical stages of the development of legal regulation of telemedicine in Russia, analyzes legislative and other initiatives in this area that took place since the understanding of the need to legalize electronic medicine long before the adoption of specialized legislation. The use of historical experience contributes to a deeper understanding of the specifics of legal regulation of medical care provided with the use of telemedicine technologies, allows to build legal forecasts of its improvement. In the context of the ongoing pandemic of the new COVID-19 coronavirus infection, which has affected all countries of the world, the role of telemedicine technologies in the provision of medical care is increasing. That situation actualizes relevant scientific research both in the field of natural sciences and in the historical and legal sphere.


Author(s):  
Viktor Lebedev ◽  
Elena Lebedeva

The article considers the state’s initiatives for the further development of remote forms of labor relations. The features of providing medical care in a remote format are considered. Comparative analysis: draft decree of the RF Government “On peculiarities of legal regulation of labor relations in 2020” from 27.05.2020 and draft Federal law “On introducing amendments to article 57 of the Labor code of the Russian Federation” dated 02.06.2020 offering to regulate temporary and partial shift on the remote (remote) work; the main provisions of the employment contract and the peculiarities of employment contract for remote workers.


2020 ◽  
Vol 1 (2) ◽  
pp. 53-66
Author(s):  
Ekaterina P. Tretyakova

Although distance medicine has been actively developing worldwide over the past 20 years, no universal mechanism of legislation has been developed across foreign countries to achieve main goals of tele-health services: convenience, effectiveness, and accessibility.The need to improve states’ healthcare systems has increased after dealing with the challenges that the world faced in 2020. While organizing the fight against the spread of the coronavirus infection, a number of countries invoked telemedicine technologies. The experience of using e-health in difficult epidemiological situations should be perceived by states as positive and thus incorporated when preparing legislative changes aimed at improving the regulation of telemedicine.States should act jointly in relation to the development of remote medical care technologies. This will help to build up experience and knowledge that can be used in the future when transforming telemedical assistance into cross-border practice, including the adoption of international acts.Telemedicine should be regulated comprehensively, instigating legal regulations for such issues as medical care provision, digital technologies, medical insurance aspects, licensing, and the protection of personal data. As for theRussian Federation, the remote medicine care model implemented in the country is incomplete due to the inability to diagnose diseases remotely. Such a restriction entails the appearance of a number of questions in other areas: the responsibility of the doctor, the possibilities of cross-border medicine, or insurance compensation issues.The purpose of the article is to describe the legal regulation of telemedicine technologies in theRussian Federation, comparing Russian regulation with American experiences, and analyzing the main approaches taken by foreign researchers.


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