The subjects of legal relations are participants in a particular legal relationship with mutual rights and obligations.

Subjects can be divided into individual and collective.

Individual: citizens, foreigners, stateless persons, bipatrides.

Collective: states, Russia, constituent entities of the Russian Federation, municipalities, legal entities.

Subjects of medical law are persons requesting assistance, as well as persons authorized to provide medical care.

Qualification:

- depending on the presence or absence of a legal entity: an entrepreneur without a legal entity See more: Article 23 of the Civil Code

- organization

See more: Article 50 of the Civil Code

- on the basis of the origin of property: public (established by the state, the subject of the Russian Federation, the municipality) - art. 124-126 of the Civil Code, private (established by citizens and legal entities of private law);

- by origin of capital: national, foreign, joint.

Individuals - as a rule, in this case act as a patient (client) of a health care organization.

Signs of an individual: name, citizenship, age, gender, health status, marital status.

See more: Federal law «About the citizenship of the Russian Federation».


Objects of law

It is a blessing or public interest, about which public relations arise, exist and develop, rights and duties arise.

Types of objects of law:

- material goods - things and other property;

- intangible benefits - life, health, honor, dignity, individual freedom, integrity, etc.; also includes documents - diplomas, passports, protocols; actions - behavior of people (performance of work, provision of services).

The main object of medical law is human life and health.

Human life and health includes human organs and tissues, both during his life and after his death, as well as information about human health.

The goal of any medical intervention is to improve the quality of life.


Legal capacity

The capability to possess the civil rights and to perform duties (the civil legal capacity) shall be recognized as equally due to all the citizens (Article 17 of the Civil Code).

It arises from the moment of birth and ends with the moment of death of a person, or with the recognition of his death.

Content of legal capacity: to have property on the right of ownership, to make any legal transactions, the ability to have the rights of authors of works, the ability to engage in entrepreneurial and other legal activities, the ability to create legal entities, to choose a place of residence, to have property and personal non-property rights.


Active capacity

The capability of the citizen to acquire and exercise by his actions the civil rights, to create for himself the civil duties and to discharge them (the civil active capacity) shall arise in full volume with the citizen's coming of age, i.e., upon his reaching the age of 18 years (Article 21 of the Civil Code).

Includes: the ability to independently exercise the rights and obligations, to be responsible for offenses.

Classification:

A) full legal capacity (from 18 years)

Exceptions: marriage (art. 21 of the civil code), emancipation (art. 27 of the civil code)

B) relative capacity (14-18 years)

B) partial legal capacity (6-14 years)

D) limited legal capacity (persons abusing alcohol, drugs or psychotropics)

D) absolute legal capacity (mentally ill persons who are not able to understand the meaning of their actions or direct them).



Conditions for changing the status of capacity:

1. Health status.

First of all, we are talking about the state of mental health. If a person is recognized as mentally ill, he cannot personally perform legal actions, including seeking medical help and determining its scope.

Sometimes the physical condition of a person is also important: in some cases in the presence of somatic diseases, the rights of a person may be limited.

As a rule, it is associated with diseases that pose a danger to other people: AIDS, syphilis, tuberculosis, etc.

Such a person may be subjected to medical examination, hospitalization, observation, isolation without his consent.

2. Marital status.

It is relevant for certain types of medical activities: for example, family planning and human reproduction services. Family ties are also important when transmitting confidential patient health information.

3. Gender.

Matters from the point of view of the development of ethical standards: the patient has the right to respectful and humane treatment by the medical staff, the choice of a doctor, the consultation of other specialists at the request of the patient, pain relief using available methods and means, medical secrets, access of a legal representative, clergyman, and compensation harm.


Medical worker as a subject of legal relations

Medical workers apply to all those conditions that apply to other individuals. At the same time, they have a specific legal status.

The rights to engage in medical activities are persons who have received a higher or secondary medical education with a diploma or a special title. For medical activities may require documents: a license, certificate, etc. Established requirements for work experience for the occupation of certain types of activities, taking into account the break in work in the specialty.

There may be increased demands on mental and physical condition. In this regard, the conditions for admission with a special kind of work are:

- Preliminary medical examinations;

- testing for the presence of pathogens of individual human diseases;

- required test results.


Entities as subjects of legal relations

A legal entity is an organization that possesses separate property and is liable for them according to its obligations. It can acquire and exercise civil rights, incur obligations and be a defendant in court.

For recognition as a legal entity, state registration is required. As well as an individual, a legal entity must have legal capacity and legal capacity.

The legal capacity of a legal entity arises at the time of its registration and terminates at the time of liquidation (Article 51 of the Civil Code).

The implementation of certain medical services by a legal entity is possible only from the moment the license is obtained and until its expiration date (Article 49 of the Civil Code).

Types of legal entities: a commercial organization (for the purpose of making a profit), a non-profit organization (without a purpose of making a profit — for example, a charitable foundation).

Medical care is often provided to individuals by individuals (individual entrepreneurs) and legal entities in the following forms: institutions, limited liability companies, joint-stock companies, production cooperatives, non-profit partnership.

See more: Article 49, 51 of the Civil Code.