1. The relationship of medical law with other branches of law

In the newest legal literature, the approach to the definition of the subject of medical law is mainly done from the position of Sergey Alekseev, who argues that all regulatory material is first grouped into «profiling, basic» sectors, to which the author considers the branches of constitutional, civil, administrative, criminal law and the corresponding three last branches of procedural law, then, secondly, to branches (labor, land, financial, etc.), and, finally, in complex branches, for which «the combination of diverse institutes of main and special branches is characteristic» (commercial, maritime, etc.) classification of medical law belongs to the last group: it is characterized as a complex, borderline branch of Russian law governing health and other closely related relations.


Constitutional law

The unity of constitutional and medical law can be traced by the methods of these industries. In most scientific works, the main method of constitutional law is the method of legal consolidation (proclamation) of the foundations of the constitutional order or the method of general regulations. The specificity of the method of legal regulation of constitutional rights is determined by the social function of this branch of law, characterized by the ability to guarantee the existence of certain phenomena in reality, i.e. The basis of the method of constitutional legal regulation is the method of legal guaranteeing. This method can be applied to medical law and then it will look like a method of guaranteed medical care to everyone in the Russian Federation.

Nowadays, return and prospects in relations with medical institutions are defined by the Constitution of the Russian Federation. According to article 41 - Medical care in medical institutions of the state and municipal health systems is provided to citizens for FREE, at the expense of the relevant budgets, insurance contributions, and other income.


Civil law

Issues of civil legal regulation of medical activity are becoming increasingly important in connection with the implementation of medical and industrial activities by medical institutions.

First of all, the process of formation of the CHI system has played a significant role in shifting the emphasis to the area of civil law relations arising between medical institutions and other subjects on the provision of medical care. Currently, the basis of legal relations arising in the conditions of the MLA is a system of civil law contracts that are concluded between the subjects of health insurance.

Characteristic features of civil law relations are:

- equality of the parties, expressed in the presence of certain rights and obligations in relation to each other, as well as mutual responsibility in the event of the parties' failure to fulfill their obligations;

- regulation of relations by the norms of the law, the provisions of the concluded contract, the customs of business turnover;

- civil liability;

- consideration of disputes in a voluntary (pre-trial) order or in civil (arbitration) proceedings.

A health insurance contract is an agreement between the insured and the insurance medical organization, in accordance with which the latter undertakes to organize and finance the provision of medical care of a certain amount and quality to the insured contingent under the compulsory health insurance and voluntary medical insurance programs.


Labor law

According to Art. 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) labor contract - an agreement between an employer and an employee, in accordance with which the employer undertakes to provide an employee with a stipulated labor function, to ensure the working conditions stipulated by labor legislation and other regulatory legal acts containing labor standards rights, collective agreement, agreements, local regulations and this agreement, in a timely manner and in full to pay the employee wages ho and the employee undertakes to personally perform certain work functions that agreement, to observe internal regulations in force for the employer.

By virtue of Art. 352 of the Labor Code of the Russian Federation everyone has the right to protect his labor rights and freedoms by all means not prohibited by law.

The main ways to protect labor rights and freedoms are:

- self-defense by labor rights workers;

- protection of labor rights and legal interests of workers by trade unions;

- state control (supervision) over the observance of labor legislation and other regulatory legal acts containing labor law norms;

- judicial protection.


Family law

According to Part 1 of Art. 54. Federal Law of the Russian Federation No. 323-FZ in the field of health care for minors have the right to:

1) passing medical examinations, including when entering educational institutions and during the period of study in them, during physical culture and sports, passing medical examination, dispensary observation, medical rehabilitation, medical care, including during the period of training educational institutions, in the manner prescribed by the authorized federal executive body, and on conditions established by the state authorities of the constituent entities of the Russian Federation;

2) provision of medical care during the period of recovery and organized rest in the manner established by the authorized federal executive body;

3) sanitary and hygienic education, training and work in conditions corresponding to their physiological characteristics and state of health and excluding the impact of adverse factors on them;

4) medical advice free of charge in determining professional fitness in the manner and on the conditions established by the state authorities of the constituent entities of the Russian Federation;

5) obtaining information about the state of health in an accessible form for them in accordance with Art. 22 of this Federal Law.