Legal Regulation of Medical Checkup of Orphaned Children and Children Left Without Parental Care: New Order — Old Problems
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Legal Regulation of Medical Checkup of Orphaned Children and Children Left Without Parental Care: New Order — Old Problems
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Inna Rubina 
Occupation: Associate Professor at the Department of State and Legal Disciplines and Jurisprudence
Affiliation: Petrozavodsk State University
Address: Petrozavodsk, Russia
Edition
Pages
70-81
Abstract

The article provides a scientific and practical analysis of some problems of legal regulation of medical checkup of orphaned children and children left without parental care. The discrepancies in legal terminology existing in numerous normative legal acts are revealed, which makes it difficult to understand and apply certain legal norms, as a result of which the conclusion is formulated that the existing shortcomings of normative legal acts contribute to the violation of children's rights to health protection. The absence of established forms of medical documentation does not allow proper assessment of the health status of children. Therefore, it is necessary to amend the procedure for conducting medical examinations, supplement with the necessary standards in terms of ensuring medical secrecy, giving informed voluntary consent. Possible options for eliminating the identified shortcomings and gaps are proposed, taking into account the current legislation.

The purpose of the article is to identify gaps, shortcomings and contradictions in the regulatory legal acts that regulate the procedure for medical checkup of a special category of children. Objectives of the study: analysis of the legal norms governing the conduct of medical checkup of orphaned children and children left without parental care, detection of gaps in the legal regulation of relations for the implementation of medical examinations, including in medical documentation, formulation of possible options for eliminating the identified shortcomings of the legislation.

Research methods: comparative legal, formal legal, formal logical, critical legal.

Conclusions: the analysis of the legislation allows us to assert the need for approval by the executive authorities of the Russian Federation in the field of healthcare of unified forms of a number of medical documents for minors. A number of proposals have been made on the use of unified terminology in the field of health and medical care to minors in various regulatory legal acts, inclusion in medical documentation as mandatory information about persons who are provided with information about health of the child based on the results of medical checkup. Due to the absence in the legislation of the definition and composition of the medical documentation of a minor, it is proposed to legally consolidate these concepts. Taking into account the fact that various medical organizations, including insurance ones, are involved in the process of medical checkup, it is necessary to differentiate their duties in order to ensure the right of children to health protection.

Keywords
the child's right to health, medical checkup of orphaned children and children left without parental care, legal technique, medical documentation of minors, gaps in legislation
Date of publication
29.08.2023
Number of purchasers
12
Views
94
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

1. Salenkov V. G., Zhivankova U. F., Kanaeva L. F., Artemenkova G. N. Follow-up study of the orphans and children without parental care supported by the national project “Health”. Vestnik Smolenskoy meditsinskoy akademii, 2010, no. 2, pp. 120—122. (In Russ. ) 
2. Keyzerova L. A. Legislative basis of support of orphans and children without parental care in the Republic of Buryatia. Vestnik Buryatskogo gosudarstvennogo universiteta, 2011, no. 5, pp. 265—269. (In Russ. ) 
3. Zhigar O. V. About evaluating and improving the effectiveness of measures of social support of children-orphans and children left without parental care. Vestnik fakul'teta upravleniya Chelyabinskogo gosudarstvennogo universiteta, 2017, no. 2, pp. 14—19. (In Russ. ) 
4. Sheyman I. M., Shishkin I. M., Shevskiy S. V., Sazhina S. V., Ponkratova O. F. Regular Medical Check-Ups in Russia: Expectations and Reality. Mir Rossii, 2021, no. 4, pp. 6—29. (In Russ. )

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