Address: 26/55, Bldg. 7, Kosmodamianskaya Emb., Moscow, 115035
(495) 953-91-08, 617-18-88.
Medical Law №1 - 2014
V all-Russian Congress (National Congress) health law: analytical review and results
The article concerns the review of work and reports of the V All-Russia Congress (National Congress) on Medical Law, which took place November 20-21, 2013 in Moscow.
Key words: medical law in the RF, congresses and conferences.
Preferential use of medicaments under international non-patented names in Russian practice: pro et contra
In medical practice and at the pharmaceutical market at present the use of both international non-patented and trade names of medicaments is widely spread. The Ministry of Healthcare of the RF tends to effectuate by administrative methods of a transfer to universal application of primarily international non-patented names of medicaments.
Key words: medicaments, original and reproduced medicaments, international non-patented and trade names of medicaments.
Contract for the provision of drug assistance to the population
In the article there are given the grounds for classification a contract for a paid provision of drug assistance to the citizen as a separate type of sales agreement, a contract for a non-paid provision of drug assistance as separate type of agreement on the transfer of property ownership, a contract for the manufacture and distribution of medicinal products as a mixed contract. The author makes proposals to change the law.
Key words: a contract for a provision of drug assistance to the citizen, retail sales agreement, independent work contract, mixed contract, Medicines transactions Act, pharmacy, drug, rules of drugs selling.
Problems of compensation of moral harm related to rendering of medical assistance
Article sanctified to the problems of indemnification of moral harm to the patients of medical organizations. Actuality of theme authors ground the results of analysis of complaints of patients on quality of medicare. In the article the analysis of legislation of Russian Federation is conducted about the concept of moral harm and principles of his indemnification taking into account the specific of medicare. As a result authors come to the conclusion about expedience of bringing in of medical psychologists to the estimation of sizes of indemnification of moral harm.
Key words: Moral harm is indemnification
Features of standard and legal regulation of rendering paid medical services in the public and municipal authorities of health care of Russia
The purpose of article is consideration of features of standard and legal regulation of rendering of paid medical care in the public and municipal authorities of health care of Russia. Now the financial means allocated from budgets of various levels for needs of health care, aren't capable to cover fully the expenses connected with real volume of rendered medical care. The organization and providing paid medical services help with the solution of this problem and by that allow citizens of the country is more high-grade to have the constitutional laws in the field of health protection and receiving medical care. Federal Law of 21.11.2011 № 323-FL «On the basis of health protection in the Russian Federation» (hereinafter — the Law on Health Law № 323-FL) links health care with the need to pay for medical services. Rendering of paid medical services by treatment-and-prophylactic establishments is carried out within Civil and Budgetary codes according to the resolution of the government of the Russian Federation from 13.01.1996 No. 27 «About the statement of Rules of providing paid medical services to the population medical institutions». Medical service is the same object of an economic turn, as well as the others. Service, including medical, is provided and paid on the basis of the transaction (contract). The medical legal relationship generated by the contract of onerous rendering of medical services, are while on stages of formation and their further development depends on a set of factors, both economic, and legal character.
Key words: medical service, legal regulation, paid medical services, medical standards.
Legal aspects of medical activity licensing
Licensing of medical activity in the Russian Federation is a dynamically developing brunch of the medical law. On the one hand, last changes of normative documents in sphere of licensing favors the development of the federal, municipal and private medical institutions, on the other hand, health legislation rarely is in time with practice. Authors have a wide experience of expert work in the license commissions of the Chelyabinsk Oblast Health Department. They analyze the results of 198 prelicense checks in 2010-2012; allocate typical problems of license grantees and incipient legal collisions.
Key words: licensing, medical activity, problems, legal aspects.
Organizational-law aspects of rendering medical assistance to people suffered in road traffic accidents (Russian experience and topical issues of contemporaneity)
In contemporary realities one of the most important conditions of improvement of security of road traffic in the Russian Federation is rendering of timely and qualified assistance to people suffered in road traffic accidents. The article considers topical issues of this activity and analyses the ways of improvement of efficiency thereof.
Key words: road traffic accident, security of road traffic, medical assistance, medical establishments.
Legal regulation of surrogate motherhood in Russia
The article considers the problems of surrogate motherhood in Russia and analyses the experience of various states in legal regulation of this sphere. The author offers ways of improvement of the Russian legislation in the considered sphere.
Key words: reproductive technology application, surrogate motherhood, family law.
Legal problems of clinical researches in Russian Federation
The article is devoted to an actual theme of clinical researches in Russian Federation. The article concerns some controversial issues of the legal basis of clinical research, determined by the law applicable and formulates suggestions for legal problem-solving.
Key words: clinical research, investigator, contract, voluntary informed consent.
Organizational and legal differentiation of first aid and medical care as elements of the health protection
The article shows in organizational and legal aspects content of the first aid as a part of health protection different from medical care. The author suggests scientifically based regulatory definition of «first aid».
Key words: organization of first aid, medical care, health protection, prehospital care.
Legitimacy of emergency standards
The article is focused on the order of the introduction in validity of regulations of federal departments. Legitimacy of some orders of the Ministry of Health of the Russian Federation was made by the author on the basis of the laws.
Key words: emergency, standards, legitimacy.
Legal aspects of the system of internal control quality nd safety of care with the jurisprudence
This article analyzes the legislation in the field of health in order to separate the individual components of the mandatory system of internal control quality and safety of care at the health facility, taking into account prevailing in 2012-2013 in the Rostov region jurisprudence.
Key words: system of internal control quality and safety of care, judicial practice.