Институт мировой медицины
The main elements of law
Sources of law. Legal acts. System of law
1) Sources of law. Forms of sources of law.
2) Legislation about the protection of people's health
2) Legislation about the protection of people's health
Sources of law are a system of specific external forms containing norms governing public relations regarding the protection of public health.
Forms of sources of law
- The law
The law is an act of higher judicial power. In Russia, such acts are:
a. International legal acts (ratified by the Russian Federation)
b. The Constitution of the Russian Federation (adopted by people's referendum in 1993)
c. Constitutional federal acts
d. Federal acts
e. Acts.
f. Local acts.
- Customs.
Legislation about the protection of people's health
a. Chapter 2 of the Constitution of the Russian Federation – «Rights and freedoms of human and citizen».
See: p. 17, 21, 24, and 41.
See also: Chapter 39 Civil code of Russian Federation (paid services)
b. The Law of the Russian Federation of 02.07.92 No. 3185-1 «About Psychiatric Care and Guarantees of the Rights of Citizens in its Provision».
The law aims to protect the legitimate interests of the rights of citizens in the provision of medical care. To make psychiatric care as democratic and humane as possible. The main task of the law is to protect society from socially dangerous actions of persons suffering from mental disorders, as well as to protect medical personnel and other persons involved in the provision of psychiatric care.
c. The Law of the Russian Federation of 22.12.1992 No. 4180-1 «About Transplantation of Human Organs and (or) its Tissues».
Human organs and tissues cannot be the subject of sale, they are taken out of civilian traffic. This entails criminal liability. However, the law does not apply to organs, their parts and tissues related to the reproduction process, as well as to blood and its components.
d. Federal law of 30.03.1995 No. 38-FZ On the prevention of the spread in the Russian Federation of decease caused by the Human Immunodeficiency Virus (HIV-infection).
The law introduces the concept of HIV infection. Regulates epidemiological surveillance of the spread of HIV. The availability of medical examinations (including anonymous), as well as the free provision of services, medicines and travel to the place of treatment within the Russian Federation in order to combat the disease. The law also establishes the norm on the inclusion in the curricula of educational institutions thematic issues on moral and sex education.
e. Federal law on 08.01.1998 No. 3-FZ «About narcotic drugs and psychotropic substances».
The law introduces the concepts of narcotic drugs, psychotropic substances, precursors, etc. Establishes a list of funds subject to control in Russia.
f. Federal law on 22.06.1998 No. 86-FZ «About medicines».
The law regulates the development, production, manufacture, preclinical and clinical research of medicinal products, as well as their implementation.
g. Federal law on 18.06.2001 No. 77-FZ «About the prevention of the spread of tuberculosis in the Russian Federation».
The law establishes the rules of state policy in the field of prevention of tuberculosis and the provision of sanitary and epidemiological norms.
h. Federal law on 31.05.2001 No. 73-FZ «About the state forensic expertise in the Russian Federation».
Forms of sources of law
- The law
The law is an act of higher judicial power. In Russia, such acts are:
a. International legal acts (ratified by the Russian Federation)
b. The Constitution of the Russian Federation (adopted by people's referendum in 1993)
c. Constitutional federal acts
d. Federal acts
e. Acts.
f. Local acts.
- Customs.
Legislation about the protection of people's health
a. Chapter 2 of the Constitution of the Russian Federation – «Rights and freedoms of human and citizen».
See: p. 17, 21, 24, and 41.
See also: Chapter 39 Civil code of Russian Federation (paid services)
b. The Law of the Russian Federation of 02.07.92 No. 3185-1 «About Psychiatric Care and Guarantees of the Rights of Citizens in its Provision».
The law aims to protect the legitimate interests of the rights of citizens in the provision of medical care. To make psychiatric care as democratic and humane as possible. The main task of the law is to protect society from socially dangerous actions of persons suffering from mental disorders, as well as to protect medical personnel and other persons involved in the provision of psychiatric care.
c. The Law of the Russian Federation of 22.12.1992 No. 4180-1 «About Transplantation of Human Organs and (or) its Tissues».
Human organs and tissues cannot be the subject of sale, they are taken out of civilian traffic. This entails criminal liability. However, the law does not apply to organs, their parts and tissues related to the reproduction process, as well as to blood and its components.
d. Federal law of 30.03.1995 No. 38-FZ On the prevention of the spread in the Russian Federation of decease caused by the Human Immunodeficiency Virus (HIV-infection).
The law introduces the concept of HIV infection. Regulates epidemiological surveillance of the spread of HIV. The availability of medical examinations (including anonymous), as well as the free provision of services, medicines and travel to the place of treatment within the Russian Federation in order to combat the disease. The law also establishes the norm on the inclusion in the curricula of educational institutions thematic issues on moral and sex education.
e. Federal law on 08.01.1998 No. 3-FZ «About narcotic drugs and psychotropic substances».
The law introduces the concepts of narcotic drugs, psychotropic substances, precursors, etc. Establishes a list of funds subject to control in Russia.
f. Federal law on 22.06.1998 No. 86-FZ «About medicines».
The law regulates the development, production, manufacture, preclinical and clinical research of medicinal products, as well as their implementation.
g. Federal law on 18.06.2001 No. 77-FZ «About the prevention of the spread of tuberculosis in the Russian Federation».
The law establishes the rules of state policy in the field of prevention of tuberculosis and the provision of sanitary and epidemiological norms.
h. Federal law on 31.05.2001 No. 73-FZ «About the state forensic expertise in the Russian Federation».
Additional materials
1. Two students of the medical university after the end of classes went to the dormitory with the aim of engaging in sexual intercourse. Upon learning of the intentions of the young man, the girl told him that she is HIV-positive. Despite this, this event happened, as a result of which the young man became HIV-positive. After finding this virus, he went to court to bring the girl to trial. What decision should make the court?
2. After the end of the operation, the surgeon recorded in his personal diary information that his patient has AIDS. This information became known to his wife, after which she took these notes and published them in a newspaper. Upon learning of the incident, the victim of the events sued the surgeon because of the disclosure of data constituting a medical secret. Rate the actions of the court.
2. After the end of the operation, the surgeon recorded in his personal diary information that his patient has AIDS. This information became known to his wife, after which she took these notes and published them in a newspaper. Upon learning of the incident, the victim of the events sued the surgeon because of the disclosure of data constituting a medical secret. Rate the actions of the court.