Установление профессиональной обязанности медицинских работников при квалификации деяний, связанных с причинением смерти либо вреда здоровью пациента

Abstract

The system of formal (legal) sources of professional duties of medical workers related to the provision of medical care to patients (implementation of medical intervention) is investigated. The provisions of the Constitution of the Russian Federation, the norms of international law, which is the core (basic) in the field of public health protection, Federal Law № 323-FZ of 21.11.2011 “On the basics of public health protection in the Russian Federation”, other federal laws adopted in accordance with it, other regulatory legal acts of the Russian Federation (for example, organizational and administrative documents of the Ministry of Health of the Russian Federation on the approval of procedures for the provision of medical care), legislation of the subjects of the Russian Federation, as well as municipal legal acts in the field of health protection. The assessment of the possibility of using the provisions of international legal acts in the field of health protection by law enforcers in the qualification of acts of medical workers, as a result of which patients are harmed or their death occurs, is given. Special attention is paid to the federal law specified as a profile law, which establishes both the specific duties of medical workers, medical organizations, issues of organizing medical care for patients, and criteria for the quality of medical care provided by medical workers. It is concluded that along with other regulatory legal acts of the federal level, a number of regulations concerning medical workers (senior management) establishes the Code of Professional Ethics of a doctor of the Russian Federation. According to the results of the study, the system of formal (legal) sources of professional duties of medical workers should include the provisions of Federal Law № 323-FZ dated 21.11.2011 “On the basics of protecting the health of citizens in the Russian Federation”, other federal laws adopted in accordance with it, other regulatory legal acts of the federal level and the legislation of the subjects of the Russian Federation.