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.
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