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Medical Law №1 - 2014

  • Sergeev Yurij Dmitrievich, Erofeev Sergej Vladimirovich, Kamenskaya Natal'ya Andreevna, Pavlova Yuliya Vladimirovna, Pospelova Svetlana Igorevna,

    V all-Russian Congress (National Congress) health law: analytical review and results p. 5-8

    Sergeev Yurij Dmitrievich corresponding member of the Russian Academy of Medical Sciences, Honored Lawyer of Russia, doctor of medical sciences, professor, President of the National Institute of Medical Law, Head of the Chair of Medical Law of the I.M. Sechenov First Moscow State Medical University, member of the Board of Directors of WAML

    Erofeev Sergej Vladimirovich, Honored Worker of Healthcare of the RF, doctor of medical sciences, professor, Head of the Bureau of Forensic Medical Examination of the Ivanovo Region, Head of the Chair of Forensic Medicine of the Ivanovo State Medical Academy

    Kamenskaya Natal'ya Andreevna, candidate of juridical sciences, senior teacher of the Chair of Medical Law of the I.M. Sechenov First Moscow State Medical University

    Pavlova Yuliya Vladimirovna, candidate of juridical sciences, assistant professor of the Chair of Medical Law of the I.M. Sechenov First Moscow State Medical University

    Pospelova Svetlana Igorevna, candidate of juridical sciences, senior teacher of the Chair of Medical Law of the I.M. Sechenov First Moscow State Medical University

    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.

  • Mokhov Aleksandr Anatol'evich,

    Preferential use of medicaments under international non-patented names in Russian practice: pro et contra p. 9-14

    Mokhov Aleksandr Anatol'evich, doctor of juridical sciences, professor of the Moscow State Law University named after O.E. Kutafin

    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.

  • Maleina Marina Nikolaevna,

    Contract for the provision of drug assistance to the population p. 15-20

    Maleina Marina Nikolaevna, Honored Lawyer of the RF, doctor of juridical sciences, professor of the Moscow State Law University named after O.E. Kutafin

    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.

  • Filippov Yurij Nikolaevich, Filippov Artem Yur'evich, Abaeva Olga Petrovna,

    Problems of compensation of moral harm related to rendering of medical assistance p. 21-24

    Filippov Yurij Nikolaevich, doctor of medical sciences, layer, professor, Head of the Chair of Public Health and Healthcare of the Nizhnij Novgorod State Medical Academy

    Abaeva Olga Petrovna, doctor of medical sciences, assistant professor of the Chair

    Filippov Artem Yur'evich, doctor, lawyer, assistant at the Chair

    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.

  • Egiazaryan Karen Al'bertovich, Attayeva Leila Zhamalovna,

    Features of standard and legal regulation of rendering paid medical services in the public and municipal authorities of health care of Russia p. 25-39

    Egiazaryan Karen Al'bertovich, candidate of medical sciences, assistant professor of the Chair of Traumatology, Orthopedics and Military Surgery of the Russian National Research Medical University named after N.I. Pirogov, Moscow

    Attayeva Leila Zhamalovna, candidate of medical sciences, senior researcher of the Department of Monitoring and Strategic Planning of Regional Healthcare of the Central Science-Research Institute of Organization and Informatization of Healthcare, Moscow

    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.

  • Kholopov Aleksandr Aleksandrovich, Pavlov Jurij Ikarovich,

    Legal aspects of medical activity licensing p. 30-33

    Kholopov Aleksandr Aleksandrovich, candidate of medical sciences, assistant professor of the Chair of Nursing Care, Patient Care and Management of the South Ural State Medical University

    Pavlov Jurij Ikarovich, doctor of medical sciences, professor, Head of the Chair of Nursing Care, Patient Care and Management of the South Ural State Medical University, Chelyabinsk

    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.

  • Vojtenkov Evgenij Alekseevich,

    Organizational-law aspects of rendering medical assistance to people suffered in road traffic accidents (Russian experience and topical issues of contemporaneity) p. 34-37

    Vojtenkov Evgenij Alekseevich, candidate of juridical sciences, assistant professor of the Chair of Medical Law of the I.M. Sechenov First Moscow State Medical University

    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.

  • Burmistrova Ekaterina Vladimirovna,

    Legal regulation of surrogate motherhood in Russia p. 38-41

    Burmistrova Ekaterina Vladimirovna, assistant to the Judge of Solntsevskij District Court of Moscow, graduate student of the Chair of Copyright Law, Neighboring Rights and Private Law Disciplines of the Russian State Academy of Intellectual Property

    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.

  • Nikolaeva Elena Nikolaevna,

    Legal problems of clinical researches in Russian Federation p. 42-45

    Nikolaeva Elena Nikolaevna, degree-seeking student of the Chair of Private Law of the Russian State Humanitarian University, internal lawyer of the Federal State Budgetary Establishment «Russian Cardiology Science Manufacturing Complex» of the Ministry of Healthcare of Russia

    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.

  • Zakurdaeva Alina Jur'evna,

    Organizational and legal differentiation of first aid and medical care as elements of the health protection p. 46-48

    Zakurdaeva Alina Jur'evna, internal lawyer of the Central Science-Research Institute of Organization and Informatization of Healthcare of the Ministry of Healthcare of the RF, Moscow

    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».

  • Tarychev Vladislav Vital'evich,

    Legitimacy of emergency standards p. 49-50

    Tarychev Vladislav Vital'evich, candidate of medical sciences, assistant at the Chair of Public Health and Healthcare of the Faculty of Advanced Training of the Nizhnij Novgorod State Medical Academy

    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.

  • Shishov Mihail Alekseevich,

    Legal aspects of the system of internal control quality nd safety of care with the jurisprudence p. 51-54

    Shishov Mihail Alekseevich, candidate of medical sciences, assistant of the Chair of Organization of Healthcare and Public Health of the Faculty of Advanced Training and Professional Retraining of Specialists of the Rostov State Medical University

    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.