Full Article: PDF
Scientific Object Identifier: http://s-o-i.org/1.1/TAS-05-109-41
DOI: https://dx.doi.org/10.15863/TAS.2022.05.109.41
Language: English
Citation: Zheksenbekov, R., et al. (2022). The concept and general characteristics of healthcare legislation. ISJ Theoretical & Applied Science, 05 (109), 401-408. Soi: http://s-o-i.org/1.1/TAS-05-109-41 Doi: https://dx.doi.org/10.15863/TAS.2022.05.109.41 |
Pages: 401-408
Published: 30.05.2022
Abstract: To date, the health of a citizen is one of the most priority objects of modern law, protected by the Constitution of the Republic of Kazakhstan, to which every citizen has the right. Assuming that the main goal is to take care of the health of citizens, the Republic of Kazakhstan has built a strong healthcare system where every citizen has the opportunity to receive high-quality medical service. The present gives the state policy on the development of healthcare in terms of improving the quality of medical services through legal systematization a special priority, expressed and formalized in the Message of the President of the Republic of Kazakhstan as the twenty-first direction of a new stage of comprehensive modernization of the domestic and foreign policy of the Republic of Kazakhstan. Nevertheless, today there are quite a large number of disagreements between patients and medical professionals, which attaches some importance to the specifics of their legal relations. Analyzing the legislation on healthcare in general, it is possible to identify a clear regulation of their legal relations. However, the present does not exclude the fact of possible harassment of the rights of participants in medical and legal legal relations. Analyzing the legislative norms, it can be noted that the provisions regulating the legal relations of medical workers with patients are already reflected in administrative, criminal, civil legislation, legislation "On Consumer Protection", "On the health of the people and the healthcare system" and other regulatory legal acts. At the same time, in accordance with the specifics of research, this dissertation does not consider the provisions of labor legislation, legislation "On medical insurance", legislation on special social services, as well as other norms related to the provisions on combating acquired human immunodeficiency syndrome (AIDS), socially significant diseases, pathologic and anatomical departments, palliative care, anti-plague and others. The norms of labor legislation are not considered due to the fact that the purpose of the dissertation research is not to study the legal relations of a medical worker as an employee and a medical organization as an employer.
Key words: persecution, victim, personal space, psychological barrier, personal boundaries, moral suffering, non-property asset.
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