Vinokurov V.A., SHafigulin K.V. —
Defects in the legislative regulation of medical services for the patient, considered as services for the consumer
// Administrative and municipal law. – 2024. – ¹ 6.
– P. 99 - 111.
DOI: 10.7256/2454-0595.2024.6.70731
URL: https://en.e-notabene.ru/ammag/article_70731.html
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Abstract: In the daily activities of medical institutions, bodies controlling the work of medical institutions, as well as judicial authorities, problems arise with the definition of medical services, which, on the one hand, is included in the list of services to the consumer, and on the other hand, has its own characteristics, which is important to resolve the issue of determining responsibility for the poor-quality provision of medical services provided to the patient.
The aim of the study was to understand the regulatory and legal consolidation of the concepts of "service" and "medical service", primarily on the basis of the norms of the Law of the Russian Federation "On Consumer Rights Protection" and the Federal Law "On the Basics of Health protection of Citizens of the Russian Federation". The need for the analysis is due to errors and ambiguities inherent in legislative acts. The draft law submitted to the State Duma in March 2024, aimed at eliminating obvious inconsistencies in the provision of medical services, which in this context are proposed to be called medical care, has been critically considered.
When working on the article, general and private scientific methods were used – analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms.
As a result, proposals have been formulated to amend legislation according to which the relations that will arise when providing medical care to citizens both within the framework of the program of state guarantees of free medical care to citizens and when providing paid medical care should be regulated by the provisions of the Federal Law "On the Basics of Protecting the Health of Citizens of the Russian Federation", which will allow to comply with the constitutional norm, on the right of everyone to health protection and medical care.
Vinokurov V.A., Shmantsar D.A., Tishchenko A.V. —
Problems of determining the threat of harm (damage) to legally protected values in the implementation of state fire supervision
// Administrative and municipal law. – 2024. – ¹ 4.
– P. 16 - 27.
DOI: 10.7256/2454-0595.2024.4.69283
URL: https://en.e-notabene.ru/ammag/article_69283.html
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Abstract: The article is devoted to the legal problems of determining the threat of harm (damage) to legally protected values in the implementation of federal state fire supervision. Some federal laws were analyzed, as well as a number of resolutions of the Government of the Russian Federation, orders of federal state bodies, as well as current regulatory legal acts establishing the obligation of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia to make decisions taking into account the presence (absence) of a threat of harm to human life and health; examples from judicial practice are given. The conducted research made it possible to identify problems in the practical implementation of the duties of officials of the supervisory authorities of the Ministry of Emergency Situations of Russia.
The research methodology included the use of general scientific research methods (synthesis, analysis, generalization) and specialized methods (formal legal, comparative legal, etc.).
As a result of the analysis, from a scientific and practical point of view, conclusions are formulated about the absence in the current legislation of a legal mechanism according to which the state inspector for fire supervision has the opportunity to justify by an expert opinion the presence (absence) of a threat to human life and health at a supervised facility in order to conduct an unscheduled control and formulate proposals.
Vinokurov V.A. —
Control and supervision in the Russian Federation : history, modernity and suggestion for improvement
// Law and Politics. – 2023. – ¹ 5.
– P. 1 - 19.
DOI: 10.7256/2454-0706.2023.5.40659
URL: https://en.e-notabene.ru/lpmag/article_40659.html
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Abstract: The author examines the existing control powers of state bodies on the basis of the norms of the Constitution of the Russian Federation. It is preceded by an analysis of the state control (supervision) currently carried out by federal state bodies, a brief historical overview of the state control bodies of the Soviet period. The proposals for improving modern state control (supervision) are formulated on the basis of the policy statement of the President of the Russian Federation, expressed at the meeting of the XXV St. Petersburg International Economic Forum, held in 2022. The opinion is expressed on the need to restore people's control over the activities of state bodies, for which the relevant proposals are set out.
The article consists of an introduction and three parts, in which, on the basis of numerous normative legal acts, it is concluded that there is no control of the people in the modern Russian state over the activities of state bodies, as well as over the activities of local self-government bodies. It is recognized as necessary to restore people's control under the name of either "people's control of public power" or "public-political control".