DOI: 10.7256/2454-0706.2023.8.44059

Abstract: The article presents the main provisions of the author's concept of legal regulation of relations in the provision of paid medical services. The content of the basic elements of this concept is revealed, among which the central place is occupied by the mechanism of legal regulation of relations in the provision of paid medical services. The author has identified a system of legal goals in the mechanism of legal regulation of relations in the provision of paid medical services, formed a general idea of the system of legal means in this mechanism, and analyzed their implementation in legal activities. The purpose of the work is to highlight the main provisions of the author’s concept of legal regulation of relations in the provision of paid medical services. Scientific results were obtained on the basis of a set of scientific and methodological approaches: categorical, conceptual, instrumental, systemic, axiological. On a theoretical and methodological basis, the author studied the mechanism of legal regulation of the relations under consideration. The optimal combination of private law and public law means in the mechanism of legal regulation of relations for the provision of paid services was identified; these means were studied in the activity aspect and assessed from the point of view of their achievement of the legal goals of this mechanism. The concept developed by the author has a high scientific and practical significance and helps to improve the legal regulation of relations in the provision of paid medical services to ensure the preservation and strengthening of people’s health, the prevention and treatment of diseases based on the coordination of multidirectional legal goals of the participants in these relations.

DOI: 10.25136/2409-7802.2021.1.34891

Abstract: This article examines such mandatory element and special purpose of entrepreneurial activity as gaining profit applicable to medical activity. The author analyzes medical activity in terms of gaining profit based on the legislatively consolidated sources of funding in the sphere of health promotion, which are united into three groups: funds from budgets of all levels, funds from mandatory medical insurance and funds from organizations and citizens, funds received from private and legal entities, including voluntary donations, and other sources that are not prohibited by the legislation of the Russian Federation. The article employs the general and private scientific methods, such as formal legal, analytical, systemic, statistical, and economic analysis. The scientific novelty of this research consists in the following conclusions: that profit from conducting medical activity can be acquired within the framework of rendering paid medical services; the prices (tariffs) for medical services provided within the framework of compulsory health insurance and budget funding do not imply profit. The author advances an opinion that the model of funding in the sphere of protection of public health is substantiated by the social orientation of the activity of the state towards maintenance and promotion of health of its citizens.

DOI: 10.25136/2409-7136.2020.3.32339

Abstract: This article analyzes the legal regulation of social relations in the area of traditional medicine on the level of constituent entities of the Russian Federation at the present stage. The author examines the normative legal acts with regards to traditional medicine on the federal and regional levels. A conclusion is made that federal legislation regulates a limited number of questions in the field of traditional medicine; thus legal regulation in this sphere is virtually delegated to the constituent entities of the Russian Federation. At the same time, legislation fundamentally differs from region to region, so is the legal status of the participants of legal relations. The scientific novelty consists in formulated conclusions on the need for amending the current legislation for the purpose of consolidation on the federal level of universal requirements to exercising activity by all subjects of traditional medicine. Such recommendations would allow ensuring unity of legal status of the subjects of legal relations in the area of traditional medicine throughout the Russian Federation.

DOI: 10.7256/2454-0668.2019.3.30061

Abstract:   The subject of this research is the work of population biobanks as an important element in the mechanism of ensuring national and biological security of the Russian Federation. The author analyzes the Russian legislation regulating the work of biobanks. Particular attention is given to the examination of international experience pertinent to functionality of population banks, as well as ethical-legal aspects of implementation of the technologies using human genome. The need is substantiated for considering the existing experience of cooperation between the scholars and representatives of indigenous population for finding the most optimal regime of their interaction. Based on the research results, the author proposes a set of measures that allow developing the most optimal model of cooperation between the scholars and indigenous population within the framework of the activity of population banks, which would contribute to increasing in trust of the indigenous population to biobanks, improvement of functionality of healthcare system alongside the quality of providing medical aid, development of genetic engineering, and therefore, strengthening of national and biological security of the Russian Federation.  

DOI: 10.7256/2454-0706.2017.11.24611

Abstract: This article examines the question of drawing up the will using the alternative to notarial method under the simplified procedure. Special attention is given to the historical analysis of the last will that in the late XIX century comprised a special group of privileged will subordinate to the drafting and storage regulations. The authors conducted a comparative analysis between the conditions of the last will drawn up in the Roman Empire, and such drafted in rare circumstances in the Russian Empire in accordance with the existing legislation of the Russian Federation. The scientific novelty consists in consideration of the changes in content of the will drawn up under the simplified procedure. Having analyzed the legislation of the present judicial practice, the authors concluded that the legal regulation of the last will with certain transformation passed into the Civil Code of the Russian Federation, and at the present stage qualifies as the will drafted in rare circumstances.  

DOI: 10.7256/2454-0595.2017.11.24623

Abstract: The research subject is the legal norms and the materials of law-enforcement practice in the sphere of tuberculosis diagnosing in the Russian Federation. The research object is legal relations occurring in the sphere of tuberculosis prevention in the Russian Federation. The author considers various aspects of Mantoux testing. Special attention is given to the form and content of a phthisiologist’s opinion serving as a permission for a child to attend an organization for children, if tuberculosis diagnosing hasn’t been carried out. The research methodology is based on general scientific and specific research methods including formal-legal, analytical, and the method of system analysis. The scientific novelty of the study consists in the author’s conclusions. Based on the analysis of the current regulatory framework and materials of judicial practice, the author finds out that is tuberculosis diagnosing hasn’t been carried out, medical TB institutions, upon a request from parents or legal representatives of a child, are obliged to issue medical opinion running that the child doesn’t have TB, if there’s no other evidence of this disease. 

DOI: 10.7256/2454-0706.2017.11.43112

Abstract: This article examines the question of drawing up the will using the alternative to notarial method under the simplified procedure. Special attention is given to the historical analysis of the last will that in the late XIX century comprised a special group of privileged will subordinate to the drafting and storage regulations. The authors conducted a comparative analysis between the conditions of the last will drawn up in the Roman Empire, and such drafted in rare circumstances in the Russian Empire in accordance with the existing legislation of the Russian Federation. The scientific novelty consists in consideration of the changes in content of the will drawn up under the simplified procedure. Having analyzed the legislation of the present judicial practice, the authors concluded that the legal regulation of the last will with certain transformation passed into the Civil Code of the Russian Federation, and at the present stage qualifies as the will drafted in rare circumstances.  

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