Обязательное психиатрическое освидетельствование: государственная монополия или нарушение конкуренции?

Abstract

The article is devoted to the analysis of paragraph 1 of the Resolution of the Government of the Russian Federation N 695 dated 29 September 2002 and to the investigation of the practice in its application in the bodies’ activities of the executive and judicial branches. Currently there are no legal and regulatory acts with requirements for providing mandatory psychiatric examination by a medical psychiatric commission authorized by the federal executive body in the field of health care or by the executive body of a federal subject of the Russian Federation in the field of health care. This condition significantly limits the competition in this service market and entails the exclusion of a legal entity from participation in tenders. On the basis of systematic, historical and legal, specific sociological, formal logical and hermeneutic methods of the examination and interpretation, the authors make a conclusion about the absence of legislative limits when implementing health services in the area of mandatory psychiatric examination if the organization has a required licence for performing this kind of activity. When analysing actual restrictions the authors studied not only actual and repealed legal and regulatory acts but also contradictory jurisprudence practice and proposed their own recommendations for application of current legislation in order to prevent restricting competition in the market of healthcare delivery.