Medical activity as a subject of criminal law regulation

Authors

  • N.Zh. Siubayeva
  • A.T. Kabzhanov

Keywords:

medical activity, pharmaceutical activity, medical care, professional activity, professional responsibility, private medical practice, procedure of medical care, standards of medical care, health care, Republic of Kazakhstan, legislation, Civil code, Code of administrative offences, Criminal code

Abstract

The aim of the study is to determine the general mechanisms of legal and separate criminal and legal regulation of medical activities. The article is devoted to the legal regulation of relations in the sphere of medical  services. In the article, the authors define the main problem of regulation of relations in the field of health  care and suggest ways to solve it. The methodical bases of the article are general scientific methods, methods  of theoretical analysis, empirical research. The authors, having considered the theoretical meaning of the concept of «medical care», analyzed the types of offences in the medical field in accordance with the legislation  of the Republic of Kazakhstan. Along with the legislation regulating medical activities, much attention is paid  to the issues of liability for violation of the procedure for the provision of medical services. An important role  is played by the optimization of the health management system, which includes the assessment of the quality  and effectiveness of medical services, the legal regulation of the relevant activities.The article pays special attention to the legal norms of the national legislation aimed at the regulation of medical activities, the normative legal acts with the division into groups, because of which the defects and contradictions in the legal regulation of relations to protect the rights of patients are revealed. The scientific novelty of the study is to conduct a comprehensive legal analysis of the legal regulation of medical activities in the Republic of Kazakhstan, to develop proposals for improving the legislation that protects the rights of patients.

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Published

2019-09-30

Issue

Section

CRIMINAL LAW AND CRIMINOLOGY