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The mechanism of legal regulation of public relations in the field of medical activity

Research in the field of legal regulation in the field of medical activity seems relevant in the context of the need to constantly improve the legal regulation of social relations arising in the process of providing medical care. Using the understanding of the mechanism of legal regulation as a set of legal means by which to influence public relations and people's behavior, the author sets himself the task, within the framework of this section, to analyze and characterize this theoretical and legal phenomenon in relation to medical activity.

It is necessary to note the insufficient number of scientific papers in which such questions would be analyzed. The relevance of research on the mechanism of legal regulation of public relations in the field of medical activity is explained by the following circumstances:

- perception of the mechanism of legal regulation, as one of the key points of the system of legal support for the sphere of medical activity;

- understanding of medical activity in all its diversity, as a set of social relations, that is, considering it as an object of legal regulation;

- the need to improve legislation governing legal relations in the field of medical activity, based on a clear understanding of the essence and general characteristics of the mechanism of legal regulation, which allows to ensure sufficient effectiveness of such regulation;

- methods of legal regulation, which should provide a practical solution to two main tasks:

a) effective public administration of the field of health protection, in general, and the field of medical activity, in particular;

b) creating conditions for the most complete realization of the rights, freedoms and protection of the legitimate interests of citizens - consumers of medical services.

Without the realization that the legal support of medical activity, as a scientific problem and the practical task of public policy, is closely connected with the mechanism of legal regulation, it is very difficult to find qualitatively new approaches to the legal regulation of the sphere of medical activity.

In fair opinion, L.S.
Melnikova, in recent years, on the basis of a number of works in the field of legal theory, a methodology has been developed to develop generalizing legal provisions. The subject of analysis is the functions and structure of law, the mechanism and methods of legal regulation, the very space of the implementation of legal norms * (75). In the present work, a general description of the mechanism of legal regulation is considered from the standpoint of traditional theoretical and legal knowledge, namely, from the point of view of analysis of means, methods and methods of legal regulation of social relations, in relation to medical activity.

According to S.S. Alekseeva, the mechanism of legal regulation is “a system of legal means taken in unity, with the help of which effective legal impact on public relations is ensured” * (76). Indeed, only a single system of all legal means (their perception in existing methods and methods of legal regulation) allows for the legal regulation of public relations, among others in the field of medical activity. At the same time, both the legal means themselves and the diversity of their interaction should be subjected to analysis.

From the point of view of objectification of the mechanism of legal regulation in relation to the field of medical activity, it seems appropriate to analyze such characteristics as stages, methods, methods and types of legal regulation in the field of health care.
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The mechanism of legal regulation of public relations in the field of medical activity

  1. Correlation of moral, ethical and legal categories in the regulation of public relations in the field of medical activity
    Correlation of moral, ethical and legal categories in the regulation of public relations in the field of medical
  2. Levels of regulation of public relations in the field of medical activity
    The general problems of the legal regulation of public relations in the field of medical activity necessitates the study of not only legal, but also a number of other, related, characteristics of the regulation of public relations in the field of protecting the health of citizens. For a more detailed analysis of the features of regulation of public relations arising from the provision of medical care,
  3. Elements of a legal regulation mechanism in the field of medical activity
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  4. Characteristics of the mechanism of legal regulation in relation to the field of medical activity
    Studying the stages of legal regulation in the traditional theoretical and legal sense, one should turn to the works of V.V. Lazareva and S.V. Lipenia, which distinguish the following stages of the mechanism of legal regulation: - the stage of regulation of public relations, the formation and general operation of law; - the stage at which the addressees of the legal norms of subjective rights and obligations; - stage
  5. Medical and legal ethics. Theoretical and legal substantiation of the principles and its place in the system of social regulation of the sphere of medical activity
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  6. Pishchita A.N. Legal regulation of medical activity in modern Russia, 2008
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  8. 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
  9. Improving medical and legal educational programs in the context of improving the effectiveness of legal regulation of domestic health care
    Conducting research in the field of training medical and legal personnel in the context of studying issues related to the legal provision of health care seems to be sufficiently substantiated. This is due, first of all, to the fact that: - teaching the issues of legal regulation of healthcare in the organizational and legal aspect is directly related to the system, as
  10. Pishchita AN, Goncharov NG. The evolution of the legal regulation of healthcare in Russia. - Historical and legal aspects, 2007
    Introduction The history of the development and establishment of legal regulation of healthcare in Russia. The evolution of regulatory support for healthcare in Russia until 1857 The evolution of regulatory support for healthcare in Russia after 1857. The evolution of the healthcare management system in Russia (Historical and legal aspects) Activities of management entities
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    State regulation of relations arising in the field of providing NSR is carried out by the federal executive body and executive authorities of the constituent entities of the Russian Federation, whose competence includes licensing the activities of the media service, state control of the quality of medical care. The organizational and methodological management of the NSR service is carried out by the Ministry
  12. Pishchita A.N. Improving the legal support of medical activity in the context of healthcare reform in the Russian Federation, 2007
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