Legal Status and Role of Regulatory Regulators in Organizing the Provision of Medical Care in the Russian Federation

ANNOTATION graduate qualification work Oksana Viktorovna Karpova Subject: Legal status and the role of normative regulators in the medical care provider in the Russian Federation The graduate qualification work consists of 83 pages, 119 sources of scientific literature and appendices. Keywords: orders of medical care, standards of medical care, clinical recommendations; medical law; medical care; medical services; medical worker; medical organization; technical-legal norm; technical-legal regulation; technical norm; normative act. The object of the study is social relations that are developed in the sphere of health protection of citizens and normative legal regulation of medical care in the Russian Federation. The subject of the study are legislative and subordinate normative legal acts regulating legal relations in the field of health protection in the Russian Federation, materials of judicial practice, scientific works on general and private problems of legal regulation of medical care. Aims and objectives: theoretical, legal and applied study in modern legal science of the following issue: use of clinical recommendations as one of the specific normative regulators of medical care in the domestic legal system. Scientific (practical) significance: substantiation of the effectiveness of clinical recommendations as an instrument of the system of evaluation of medical care and development of a legal mechanism for solving the actual problem of interpretation and practical application of clinical recommendations in medical and legal practice. The study includes an introduction, three chapters, and a conclusion. The introduction substantiates the relevance of the chosen topic, sets out the purpose and objectives of the study. The first chapter "Regulatory legal acts in the field of health protection, regulating the issues of medical care" outlines a detailed analysis of the Russian national legal multilevel healthcare system, which is in full solidarity with the main provisions of international normative acts in terms of unconditional recognition of the right of every person to health, guarantees of its preservation, the obligation of the state to create the necessary conditions for the comprehensive realization of this right. The second chapter "Technical-legal rules of medical care" is devoted to the study of characteristics and analysis of the legal status and practical technical-legal significance of each element of the healthcare standardization system in Russia (orders of medical care provision, regulations on the organization of medical care provision, medical care standards, clinical recommendations), which determine the rules of normative regulation of medical care provision in order to implement the constitutional guarantees of citizens for quality health care. The potential significance of clinical recommendations in the legal regulation of social relations is revealed and ambiguous interpretation of the mandatory fulfillment of CRs in the provision of medical care. The third chapter "Analysis of the practice of using clinical recommendations in the organization of medical care" analyzes the compliance of quality criteria in clinical recommendations with the Order of the Ministry of Health of Russia from 10.05.2017 № 203n and analyzes the ambiguous practice of application of clinical recommendations by courts to assess the correctness of medical care or motivate other decisions in the resolution of arbitration, administrative, civil and criminal cases. The conclusion summarizes the work which has been done and forms conclusions on the identified shortcomings of legal regulators of medical activity with a focus on clinical recommendations. The total volume of the work is 107 pages.