LEGISLATION IN THE FIELD OF MEDICAL ACTIVITY: STATE AND APPROACHES TO ITS FORMATION AS A SYSTEM

LEGISLATION IN THE FIELD OF MEDICAL ACTIVITY: STATE AND APPROACHES TO ITS FORMATION AS A SYSTEM

Authors

  • Valentina RUZANOVA Samara National Research University
  • Elena KRYUKOVA Samara National Research University

Keywords:

medical activity, health care, building a system of legislation, head (central, basic) law, special law, subordinate regulatory framework, reference legal regulation.

Abstract

The object of the research is the social relations that arise in the course of medical activity. The aim of the work is a comprehensive analysis of the state of legislation in the field of the medical field. The main objective of the study is to develop recommendations for the construction of legislation in the field of medical activity as a system object. The methodological base of the study was made up of both general scientific and specific scientific methods of cognition: descriptive, linguistic, comparative legal, etc. The results of the study indicate that the quantitative growth of the normative component in this segment is not accompanied by a simultaneous increase in the level of its systematic character, which is expressed, for example, in weak coordination between the Law on Health Protection and special laws, inconsistency between the provisions of special laws among themselves, and with the subordinate regulatory framework. As a conclusion, in contrast to the idea of creating a medical code proposed in the literature, the idea of building the specified legislation on the basis of the model of the main (basic, central) law is substantiated and the structure of the latter is proposed.

Author Biographies

Valentina RUZANOVA, Samara National Research University

PhD in Law; Associate professor, Head of Department of Civil and Business Law

Elena KRYUKOVA, Samara National Research University

PhD in Law; Associate professor, Associate professor of Department of Civil and Business Law

Published

2023-06-30

Issue

Section

Актуальные вопросы частного права
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