Legal regulation of conflicts in the area (2009)

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Description

Legal regulation of conflicts in the area of \u200b\u200bhealth services to the population (2009)

Contents


Introduction 3
Chapter 1. Theoretical aspects of the resolution of legal conflicts in the health sector 8
1.1. The causes and types of conflicts in the health sector 8
1.2. Factors affecting the misrepresentation when the conflict 11
Chapter 2. The legal nature of the relationship to provide medical services 16
2.1. The law regulates the relations between the citizens of the provision of health services 16
2.2. The impact of the legislation on consumer protection in the regulation of relations with the participation of the patient 30
Chapter 3. The mechanism of resolving legal conflicts in the area of \u200b\u200bpublic health protection 37
3.1. Non-judicial mechanism for resolving legal conflicts in health care 37
3.2. The judicial mechanism for resolving legal conflicts in the area of \u200b\u200bhealth care 43
Conclusion 52
References 57
Appendix 63

References


Normative acts
1. The Constitution of the Russian Federation of December 12, 1993 (rev. December 30, 2008 № 7-FCL) // the Russian newspaper. - 2009. - № (7), 4831. - 21 January.
2. Convention for the Protection of Human Rights and Fundamental Freedoms, ETS N 005 (Rome, 4 November 1950) (rev. And ext. On September 21, 1970 December 20, 1971, January 1, 1990, Nov. 6 1990, May 11, 1994) // Meeting of the legislation of the Russian Federation. - 2001. - N 2. - Art. 163.
3. The Amsterdam Declaration on the Promotion of Patients' Rights in Europe. Adopted by the European Meeting on the Rights of the patient's March 30, 1994 // Medical Ethics: Sat. documents / edited. Ostrovskii. - M., 2001. - S. 30.
4. Civil Code of the Russian Federation, the first part of November 30, 1994 N 51-FZ (as amended on January 26, February 20, August 12, 1996 October 24, 1997, July 8, December 17, 1999, 16 April, May 15, November 26, 2001, March 21, 14, November 26, 2002, January 10, March 26, November 11, December 23, 2003, June 29, July 29, 2, 29, 30 December 2004 of March 21, May 9, 2, 18, 21 July 2005 3, January 10, February 2, 3, June 30, July 27, November 3, 4, 18, 29, 30 December 2006 January 26, February 5, April 20, June 26, 19, 24 on July 2, October 25, 4, 29 November, 1, 6 December 2007) // Meeting of the legislation of the Russian Federation. - 1994. - N 32. - St. 3301.
5. The Civil Code of the Russian Federation, the second part of January 26, 1996 N 14-FZ (as amended on January 26, February 20, August 12, 1996 October 24, 1997, July 8, December 17, 1999, 16 April, May 15, November 26, 2001, March 21, 14, November 26, 2002, January 10, March 26, November 11, December 23, 2003, June 29, July 29, 2, 29, 30 December 2004 of March 21, May 9, 2, 18, 21 July 2005 3, January 10, February 2, 3, June 30, July 27, November 3, 4, 18, 29, 30 December 2006 January 26, February 5, April 20, June 26, 19, 24 on July 2, October 25, 4, 29 November, 1, 6 December 2007) // Meeting of the legislation of the Russian Federation. - 1996. - N 5. - Art. 410.
6. Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ (as amended on June 30, 2003, June 7, July 28, 2 November, December 29, 2004, July 21, December 27, 2005 December 5, 2006, July 24, 2, 18 October and 4 December 2007) // Meeting of the legislation of the Russian Federation. - 2002. - N 46. - St. 4532.
7. Fundamentals of the legislation of the Russian Federation on health care by July 22, 1993 N 5487-1 (as amended on December 24, 1993, March 2, 1998, December 20, 1999, December 2, 2000, January 10 February 27, June 30, 2003, June 29, August 22, 1, 29 December 2004, 7 March 21, December 31, 2005, February 2, December 29, 2006, July 24, October 18, 2007 g) // Sheets of Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation. - 1993. - N 33. - St. 1318.
8. Federal Law of June 28, 19

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