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Medical law in the system of social regulation of the sphere of medical activity

The scope of health care in general and medical activity, in particular, like any other socially useful activity, is subject to legal regulation. It is thanks to the legislative and other regulatory framework that social relations, which are subject to regulation, take an orderly form and, as a result, become, to a certain extent, legal relations.

In the general theoretical sense, legal relations are a variant of relations regulated by law and based on the vesting of each of the subjects of legal relations with certain rights and obligations. The scope of medical activity is an example of a combination of complex interconnected social relations, providing for the existence of certain rights and mutual obligations for all subjects - participants in medical and legal relations. The relationship between medical workers and patients arising in the process of providing medical care is a type of legal relationship in which both participants in this process are carriers of subjective rights and legal duties.

The provision of medical care is a process that, from the point of view of law, is a complex of public relations that allows for the exercise of numerous rights of citizens enshrined in domestic law and international agreements and to fulfill the professional duties of medical workers correlated with them. A citizen, applying for medical care to a health care institution or to a private practitioner, gains thereby the status of a patient and, in this regard, is vested with determined rights. At the same time, a medical institution and medical workers become carriers not only of professional duties, but also owners of certain rights corresponding to their legal status.

The general characteristic of legal relations in medicine, in a broad sense, is based on the determination of the legal nature of relations between the main participants in medical and legal relations: entities providing medical care (medical institution, medical worker) and entities receiving medical assistance (patient). Although to a lesser extent, third parties also participate in the process of rendering medical care - entities providing medical care: administrative and technical and technical services, insurance organizations and other institutions and individuals. There are the following points of view on the legal nature of relations, according to which medical and legal relations relate to:

- administrative law;

- civil law;

- social security law.

Supporters of the administrative-legal concept of legal relations in the field of health protection substantiate their point of view with examples from the Soviet historical period of the country's development, when the state form of providing the population with medical care with a clear vertical management system dominated. The provision of medical assistance to the population was presented as an expression of the state’s authority in the social sphere, which provided citizens with the opportunity to use the resources of the state healthcare system for free.

V.P. Novoselov believes that at the end of the 90s of the last century, a very extensive group of legal relations, regulated through administrative law, remained in domestic medicine. The author refers to this category of legal relations the provision of medical, preventive, diagnostic and other medical assistance to citizens, the implementation of sanitary-hygienic and anti-epidemic measures * (70).

As an example of administrative and legal regulation of the healthcare sector, one should consider the medical examination of the population as an important means of prevention, early detection and effective treatment of socially significant diseases. Clinical examinations, in order to solve the problems of maintaining the health of the population of the country, were given special importance in Soviet times. In recent history, as part of the national project "Healthcare", a system of monitoring the health status of various population groups has been created at a new scientific and practical level. The implementation of this program, like no other, allows you to combine the interests of the individual and society to create the conditions for the harmonious development of everyone.

However, N.A. Margatskaya is a supporter of another position, according to which, "relations in healthcare are regulated by the norms of various branches of law: administrative, state, labor, civil, criminal, social security" * (71).

The justification of the civil law nature of relations in the field of medical activity is associated with the recognition of the equality of the legal status of all subjects of medical and legal relations. It should be noted that the socio-economic transformations that have taken place in our country in recent years contribute even more to the establishment of civil law relations in the field of medical activity.

Among other positions regarding the legal nature of relations in the field of health care, an attempt should be made to present medical legal relations as a subject of study of such a branch of law as social security law. A number of authors adhere to this position, who believe that the unifying point is the general nature of relations in the medical and social spheres: the state's care for the sick, disabled and elderly citizens of the country. This point of view is not without foundation, since both medicine and the social security sphere set as their goal the preservation of health and the improvement of the quality of life of the country's population.

The author adheres to the opinion, in solidarity with the position of S.G.
Stetsenko, who believes that relations in the field of public health are currently regulated comprehensively, due to the norms of several branches of law. The administrative-legal mechanism is inherent in healthcare in the following cases:

- implementation of sanitary-hygienic and anti-epidemic measures;

- the provision of medical care in accordance with the compulsory health insurance programs (MHI);

- carrying out activities aimed at preventing the occurrence and spread of especially dangerous infections, quarantine measures, etc.

The civil law mechanism for regulating medical activity comes to the fore in the following cases:

- in the provision of paid medical services;

- when performing medical services under voluntary health insurance programs;

- in case of compensation for harm and compensation for damage to health caused in case of improper provision of medical care.

Labor law is applicable to health in the following cases:

- hiring in a medical institution;

- violation by the medical worker of the rules of the work schedule of a medical institution;

- regulation of labor relations of certain categories of medical workers (women, students working in harmful working conditions, etc.), etc.

The social security law governs the following health issues:

- the provision of benefits for spa treatment;

- pensions for medical workers;

- social security at the birth of a child, as well as in the case of illness, permanent disability, etc.

Criminal law provisions apply in cases of:

- the commission by medical workers of a socially dangerous act provided for by the Criminal Code of the Russian Federation;

- failure to provide assistance to the patient;

- the illegal implementation of medical activities;

- application of compulsory medical measures or compulsory hospitalization, etc. * (72).

Medical activity is a comprehensive multilateral system of legal relations that are regulated by the norms of many branches of law. This point of view is shared by J. Drgonets and P. Hollander, who believe that “the relationship between a doctor or a healthcare institution and a patient, even if related to a particular branch of law, is essentially a complex social relation that affects the norms of many branches of law "* (73).

Legal relations in the field of health care should be studied in the framework of an independent branch of jurisprudence - medical law. M.N. is inclined to this point of view. Maleina, supporting the idea of ​​the need to single out medical law as an independent branch of law and defines medical (medical, healthcare) law as a system of normative acts (norms) governing the organization of property, personal relations arising in connection with the sanitary-epidemiological and the provision of medical preventive care to citizens * (74).

Thus, medical law should be classified as complex branches of law. This independent branch of law is a system of legal norms regulating public relations in the field of medical activity. From the standpoint of the theory of law, the criterion for the independence of a particular branch of law is the presence of the subject and methods of legal regulation. The subject of legal regulation is understood as qualitatively homogeneous social relations, which are regulated by the rules of law. Based on the foregoing, it should be determined that the subject of an independent branch of law - medical law, is social relations that arise in the process of carrying out medical activities. The term "medical activity" should be understood as a complex of relations between the subjects of legal relations, including the organization of a system for providing the population with medical care, the management of healthcare institutions and the direct provision of medical assistance to the population.

The subject of medical law is formed regardless of the will and desire of a single individual or group of people. This is a reflection of the needs of society associated with the need to create conditions for maintaining medical care at a qualitatively high level.

Methods of legal regulation is a set of methods and methods of legal impact on social relations, which are the subject of legal regulation. The theory of law objectively recognizes the existence of two main methods of legal regulation: administrative law and civil law. It should be noted that there are much more independent branches in modern law than there are methods, therefore the method of legal regulation, as a criterion for the independence of the industry, is of a secondary nature.

Methods of medical law - this is a set of existing in other branches of law techniques and methods of legal impact, with the help of which there is regulation of public relations that make up the subject of medical law.

Thus, medical law should be recognized as an independent branch of jurisprudence, which is the final level in the system of social regulation of public relations in the field of medical activity. Medical law allows at a fairly high level of social development to carry out the development and implementation of state policy in the field of medical activity and to the fullest extent ensure the realization of rights and protection of the legitimate interests of all subjects of medical and legal relations.
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Medical law in the system of social regulation of the sphere of medical activity

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