Aspects of legal regulation of the provision of medical services

The article focuses on the need to respect human rights in the provision of medical services in Ukraine. It is strictly unacceptable to restrict citizens of Ukraine in receiving free medical services, since such a right is provided for by Art. 49 of the Constitution of Ukraine. It is proposed to consider that a medical service includes all types of medical care and is a special activity in relation to human health. The concept and main signs of medical services are revealed, it is established that the state, local governments, legal entities and individuals, including the patient, can be the customer of medical services. Ukrainian legislation governing the provision of medical services does not meet international standards. The positive experience of the EU countries (France, Denmark, Slovakia) and the world (Australia, Canada) shows that access to medical services is provided within the framework of medical insurance, in most cases free of charge, and is controlled by authorized state organizations. The purpose of the article is to determine the content, signs of medical services, classification criteria for their subjects, disclose the features of their legal regulation, clarify the problems of legalization of medical services and improve legislation taking into account foreign experience. The research methodology is based on a systematic approach, which is determined by the specifics of the topic of the article, and is also associated with the use of general and special research methods. The comparative legal method and the method of legal analysis were used in the study of legislative rules governing the provision of medical services. Using the method of legal analysis, groups of subjects of medical legal relations in the field of medical services are determined and their powers are analyzed. The formal logical method was used to differentiate the criteria for distinguishing between the legal structures “medical care” and “medical service”. The results of the study contributed to the identification of certain legal problems that arise when citizens receive medical services and require immediate resolution. It is also advisable to introduce compulsory state health insurance.

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Legal Regulation of Interaction of Security Service of Ukraine with Civil Society in Counteracting Terrorism

Law and Safety ◽

10.32631/pb.2019.3.01 ◽

2019 ◽

Vol 74 (3) ◽

pp. 10-17

Author(s):

A. Yu. Helzhynskyi

Keyword(s):

Civil Society ◽

Legal Regulation ◽

The State ◽

International Standards ◽

International Terrorism ◽

Legal Analysis ◽

Counter Terrorism ◽

Terrorist Activity ◽

Legal Method ◽

Security Service

The relevance of the research is determined by the prerequisites for the rise in the levels of terrorist threats in Ukraine and the development of international terrorism. In response to these threats, the state creates protective mechanisms, increasing the level of protection of the population, since this is one of its main tasks. However, this system does not fully meet its objectives without cooperation with civil society. That is why, one of the current tasks is to unite the efforts of the state and civil society institutions in fighting against terrorism. Every citizen and civil society in the whole is a stakeholder and partner in the fight against terrorism. Citizens should be active participants. Therefore, the article provides a legal analysis of the interaction of the main agency in the state system of combating terrorist activity – the Security Service of Ukraine with civil society and clarifies the ways of implementing the state policy on counteracting terrorism. The comparative legal method of the study analyzes the source base of national law concerning the interaction of the Security Service of Ukraine with civil society in fighting against terrorism. The practical relevance of the study is determined by the ability to use the main points and conclusions of the study to further studies of the problems of the interaction of counter-terrorism actors with civil society. As a result of the analysis of the normative base on the interaction of the Security Service of Ukraine with civil society in fighting against terrorism, it can be stated about the state's efforts to implement the main points of the UN Global Counter-Terrorism Strategy. In general, Ukraine's anti-terrorist system meets international standards in the field of counteracting terrorism. However, national legislation is the subject to improvement in the field of counteracting terrorism with the involvement of civil society institutions in eliminating the conditions and causes of terrorist activity.

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Legal regime of records management in Russian executive authorities

Law Enforcement Review ◽

10.24147/2542-1514.2020.4(3).76-85 ◽

2020 ◽

Vol 4 (3) ◽

pp. 76-85

Author(s):

Olga V. Marchenko

Keyword(s):

Legal Regulation ◽

State Regulation ◽

International Standards ◽

Document Management ◽

Records Management ◽

Federal Law ◽

Legal Regime ◽

Legal Method ◽

Executive Authority ◽

Logical Method

The subject. Problems of legislative regulation of information and records management in executive authorities activity are raised. The purpose of the article is confirmation or confutation of the hypothesis that the lack of centralization of legal regulation of records management in Russian executive authorities causes problems in public governance. The methodology includes formal-legal method, systematic approach, formal-logical method, analysis, synthesis. The main results of research. The "legal regime of records management" is the established legal procedure for documenting information and organizing work with documents. The activity of executive authorities for the production of documented information has its own specifics. If analyze the normative legal acts, it can be stated that the system of legislation that regulates the implementation of documentation operations in the structure of executive authorities of the Russian Federation needs to be modified by specifying a number of existing provisions and including new ones. Conclusions. Despite the fact that currently there is a fairly developed regulatory framework for documentation management, a significant part of the issues related to the organization and technology of working with documents is not sufficiently regulated. In particular, this applies to the organization of electronic document management in the activities of executive authorities. The following measures could help to solve this and many other problems, and improve the state of documentation support for governance in the country: adaptation of international standards in the field of documentation maintenance of management to Russian conditions; restoration of state regulation of records management in executive authorities at all levels; creation of a federal executive authority responsible for improving, controlling, and regulating the documentation maintenance of governance; adoption of the federal law, which would fix the general principles and the most significant provisions of records management.

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THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

RUDN JOURNAL OF LAW ◽

10.22363/2313-2337-2020-24-4-1063-1077 ◽

2020 ◽

Vol 24 (4) ◽

pp. 1063-1077

Author(s):

Marina S. Muravyeva

Keyword(s):

Scientific Knowledge ◽

Legal Regulation ◽

Legal Regime ◽

Methodological Basis ◽

Judicial Practice ◽

Legal Method ◽

Logical Method ◽

General Scientific ◽

Method Analysis ◽

Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

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The Legal Regime of the Technologies and Products Obtained Using GMOs: Discussion Questions

Legal Concept ◽

10.15688/lc.jvolsu.2021.4.27 ◽

2021 ◽

pp. 195-204

Author(s):

Alexey Anisimov ◽

◽

Olga Popova ◽

Keyword(s):

Climate Change ◽

Global Climate ◽

Genetically Modified ◽

Genetic Research ◽

World Market ◽

Legal Regulation ◽

Legal Analysis ◽

Legal Regime ◽

Legal Method ◽

The World

Introduction: the paper examines the problems associated with the definition of the legal regime of the technologies and products obtained using GMOs. The experts in the field of genetics have not yet come to an unambiguous conclusion about the degree of harm or benefit of products obtained using genetic modifications. Russia has strict restrictive measures for the production of genetically modified products. Consequently, there is virtually no market for genetically modified seeds produced in Russia. Nevertheless, the world is actively developing industries for the production of genetically modified agricultural products, and the market for the production of seeds is “captured” by a small number of foreign companies. On the other hand, climate change dictates the inevitability of using genetically modified products, the need to accelerate genetic research, and the production of GMO seeds and food. In this context, the authors set a goal to find a compromise (balanced) legal regulation of the legal regime of the technologies and products obtained using GMOs. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the formal-legal method and the method of comparative legal analysis are the leading positions. Results: the authors propose to consider the bans or support for GMO products in the context of trends in global climate change and ensuring food security. The authors have made a comparative analysis of the provisions of the international norms and the Russian legislation on the research and application of GMO technologies and products, which helped to identify an unbalanced legal regulation of the use of the GMO technologies in Russia, which reduces its competitiveness in this area on the world market. Conclusions: the Russian legislation needs to minimize this legal imbalance, which puts researchers in the field of plant genetics and producers of GMO seeds and food in unequal (worse) conditions. The legal regulation should ensure the coexistence of organic (environmentally friendly) agriculture, traditional agriculture, and the use of the GMO technologies; the introduction of special labeling of GMO products; the broadening of the powers of regional authorities in the use of GMO technologies; as well as the application of the principle of “traceability” to GMO products.

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The emergency medical system

The ESC Textbook of Intensive and Acute Cardiovascular Care ◽

10.1093/med/9780198849346.003.0008 ◽

2021 ◽

pp. 65-75

Author(s):

Olivier Hoogmartens ◽

Michiel Stiers ◽

Koen Bronselaer ◽

Marc Sabbe

Keyword(s):

Medical Care ◽

Emergency Medical Services ◽

Emergency Medical Service ◽

Medical Service ◽

Tertiary Care ◽

Medical Services ◽

High Quality ◽

Emergency Medical ◽

High Quality Medical Care ◽

The Moment

The mission of the emergency medical services is to promote and support a system that provides timely, professional and state-of-the art emergency medical care, including ambulance services, to anyone who is victim of a sudden injury or illness, at any time and any location. A medical emergency has five different phases, namely: population awareness and behaviour, occurrence of the problem and its detection, alarming of trained responders and help rendered by bystanders and trained pre-hospital providers, transport to the nearest or most appropriate hospital, and, if necessary, admission or transfer to a tertiary care centre which provides a high degree of subspecialty expertise. In order to meet these goals, emergency medical services must work aligned with local, state officials; with fire and rescue departments; with other ambulance providers, hospitals, and other agencies to foster a high performance network. The term emergency medical service evolved to reflect a change from a straightforward system of ambulances providing nothing but transportation, to a complex network in which high-quality medical care is given from the moment the call is received, on-scene with the patient and during transportation. Medical supervision and/or participation of emergency medicine physicians (EP) in the emergency medical service systems contributes to the quality of medical care. This emergency medical services network must be capable to respond instantly and to maintain efficacy around the clock, with well-trained, well-equipped personnel linked through a strong communication system. Research plays a pivotal role in defining necessary resources and in continuously improving the delivery of high-quality care. This chapter gives an overview of the different aspects of emergency medical services and calls for high quality research in pre-hospital emergency care in a true partnership between cardiologists and emergency physicians.

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LEGAL RELATIONSHIP BETWEEN DOCTORS AND PATIENTS IN MEDICAL SERVICE EFFORTS

Diponegoro Law Review ◽

10.14710/dilrev.2.1.2017.123-140 ◽

2017 ◽

Vol 2 (1) ◽

pp. 123

Author(s):

Endang Kusuma Astuti

Keyword(s):

Medical Care ◽

Criminal Law ◽

Medical Service ◽

Civil Law ◽

Legal Aspects ◽

Administrative Law ◽

Legal Responsibility ◽

Medical Services ◽

Legal Relationship ◽

The Relationship

The relationship between doctor and patient is not equal. The relationship between doctor and patient gave birth to the legal aspects of which object of inspanningsverbintenis is maximum efforts for the recovery / maintaining the health of patients which performed with caution based on the knowledge and experience of the doctor to seek recovery of the patient. Legal relationship between doctor and patient in medical care effort began when the patient filed a complaint which responded to by a doctor. Doctor’s responsibility in medical services efforts include ethical, professional, and legal responsibility, which covers doctor’s responsibility related to criminal law, civil law and administrative law

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LEGAL POSITION OF THE EXECUTOR OF MEDICAL SERVICES AS A SUBJECT OF LEGAL RELATIONS ON VOLUNTARY MEDICAL COSTS INSURANCE

Current Issues of the State and Law ◽

10.20310/2587-9340-2019-3-9-25-35 ◽

2019 ◽

pp. 25-35

Author(s):

Olga Yuryevna Prokuda

Keyword(s):

Health Services ◽

Medical Care ◽

Social Relations ◽

Legal Status ◽

Medical Service ◽

The State ◽

Medical Services ◽

State Obligations ◽

The Republic ◽

Policy Priority

With the transition of the economy of the Republic of Belarus to market relations, it became necessary to search for new sources of income for financing socially important spheres of social relations. The social policy priority areas of the Republic of Belarus are the protection of citizen’s health and the provision of quality medical care. At the same time, the state is not able to provide the population with free medical care of adequate volume and quality. State obligations to provide such assistance are not fully provided with financial resources. The growing public demand for health services requires additional sources of funding. We believe that additional sources of financing for health services can be provided by health insurance. However, the minimum state guarantees of citizens for free medical care should also be fixed at the legislative level. We consider legal status of the independent subject of relations on voluntary medical insurance – the executor of medical service. Also we substantiate the expediency of fixing at the legislative level of medical service Institute executor. As the executor of medical services it is offered to consider not only the organizations of health care of the state and non – state forms of ownership providing medical care, but also other subjects which according to the legislation of Republic of Belarus, are authorized to carry out medical activity-individual entrepreneurs and other organizations.

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Genesis and progression of obligations, arising from unjust enrichment: comparative law research

Journal of Law and Administration ◽

10.24833/2073-8420-2018-1-46-79-85 ◽

2018 ◽

pp. 79-85

Author(s):

A. I. Ivanchak ◽

A. A. Kupreenkova

Keyword(s):

Roman Law ◽

Legal Analysis ◽

Unjust Enrichment ◽

Historical Method ◽

Legal Method ◽

Significant Difference ◽

Logical Method ◽

American Law ◽

The Usa ◽

The Uk

Introduction. The article presents a comparative legal analysis of the genesis of the institution of obligations arising from unjust enrichment in countries belonging to different legal families. English and American law as vivid examples of the precedent system of law were chosen for comparison. The comparative research revealed the general and special features of the institution under study, as well as the trends in its functioning and development.Materials and methods. The methodological basis of the research consists of the general scientific and special methods of cognition of legal phenomena and processes in the sphere of international private law: the method of the system-structural analysis; the method of synthesis of social and legal phenomena; the comparative legal method; the formal-logical method; the historical method and others.Results of the study. The results of the research revealed that the institution of obligations arising from unfounded enrichment was embodied in the 20th century in the laws of Russia, the UK and the USA, but still remains at the stage of active development. Formation of the unjust enrichment institution was based in the named countries on the sameprinciples borrowed from Roman law. This approach made a basis for uniformity in the definition of the concept and the actual composition of the unjust enrichment institution. A significant difference in functioning of the unjust enrichment institution was revealed in the mechanism of rights protection.Discussion and conclusion. The institution of obligations arising from the unjust enrichment is a unique institute of civil law that provides for the fullest realization of a person’s right to protection. This legal institution continues to develop, to which the study of its genesis and a foreign experience contributes immensely.

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IMPLEMENTATION OF INTERNATIONAL COMMITMENTS UNDERTAKEN MEMBER STATES WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION

Journal of Foreign Legislation and Comparative Law ◽

10.12737/article_593fc343d18604.60607510 ◽

2017 ◽

Vol 3 (3) ◽

pp. 109-118

Author(s):

Андрей Морозов ◽

Andrey Morozov

Keyword(s):

International Organizations ◽

Structural Method ◽

Legal Analysis ◽

International Treaties ◽

Member States ◽

Eurasian Economic Union ◽

Legal Method ◽

Logical Method ◽

International Obligations ◽

Economic Union

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including the Eurasian Economic Union.

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To the Peculiarities of Legal and Non-Legal Regulation of Social Relations in the Field of Sport

Retos ◽

10.47197/retos.v0i41.84178 ◽

2020 ◽

pp. 131-137

Author(s):

Evgen Kharytonov ◽

Olena Kharytonova ◽

Anatoliy Kostruba ◽

Maxym Tkalych ◽

Yuliia Tolmachevska

Keyword(s):

Social Relations ◽

Legal Regulation ◽

Legal Order ◽

Scientific Cognition ◽

Sports Organizations ◽

Historical Method ◽

Legal Method ◽

Logical Method ◽

Special Area ◽

Sports Officials

Sport is a unique area of social relations, which is officially autonomous and ruled not only and not so much by national law, but to a greater extent – by the rules of sports organizations. Due to the fact that sport has an autonomous character, which, in particular, is characterized by the presence of various regulatory sources that comprehensively affect the relevant social relations, the concept of a unique "sports legal order" is now beginning to take shape. The study aims to analyze social relations in the field of sport and the peculiarities of their regulation. Moreover, the research methodology includes a set of methods of scientific cognition, among which are the methods of analysis, synthesis, induction, deduction, formal-logical method, historical method and comparative legal method. Regulation of relations in the field of sports is significantly different from the regulation of other social relations. The presence of such features gives grounds for sports officials to declare the special status of the field of sports and the need to remove it from the general legal order. As a result of the study, the authors of the article came to the conclusion that modern sport has an autonomous status and is a special area of legal and non-legal regulation, which has the characteristics of an independent legal order. At the same time, it is too early to claim the existence of a full-fledged “sports legal order”. Resumen. El deporte es un área única de las relaciones sociales, que es oficialmente autónoma y se rige no solo y no tanto por la legislación nacional, sino en mayor medida, por las reglas de las organizaciones deportivas. Debido a que el deporte tiene un carácter autónomo, que, en particular, se caracteriza por la presencia de diversas fuentes regulatorias que inciden de manera integral en las relaciones sociales relevantes, comienza a tomar forma el concepto de un “orden jurídico deportivo” único. El estudio tiene como objetivo analizar las relaciones sociales en el ámbito del deporte y las peculiaridades de su regulación. Además, la metodología de investigación incluye un conjunto de métodos de cognición científica, entre los que se encuentran los métodos de análisis, síntesis, inducción, deducción, método lógico-formal, método histórico y método jurídico comparado. La regulación de las relaciones en el campo del deporte es significativamente diferente de la regulación de otras relaciones sociales. La presencia de tales características da motivos para que los oficiales deportivos declaren el estatus especial del campo de los deportes y la necesidad de eliminarlo del orden legal general. Como resultado del estudio, los autores del artículo llegaron a la conclusión de que el deporte moderno tiene un estatus autónomo y es un área especial de regulación legal y no legal, que tiene las características de un orden legal independiente. Al mismo tiempo, es demasiado pronto para afirmar la existencia de un “orden jurídico deportivo” en toda regla.

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