Legal guarantees of protection of private life of a citizen in the provision of medical services
Автор: Shevchuk Svetlana Stepanovna, Petrov Nikolai Vladimirovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Права человека в Евразийском пространстве
Статья в выпуске: 5 (48), 2020 года.
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Purpose: To study the implementation and protection of the right of citizens to medical secrecy, to identify problems and contradictions in the current legislation, to suggest ways to improve and develop it. Methodology: Both General methods of scientific knowledge and special methods of system, formal-dogmatic, comparative-legal were used. Results: The article analyzes the legal regime of medical (medical) secrecy, justifies that medical secrecy is an indispensable condition for protecting the social and legal status of the patient. It is established that the right to medical secrecy, which originally arose as an ethical prescription, is transformed into a legal rule that entails legal responsibility for its violation. The authors assume that the observance and protection of medical confidentiality is reduced to preventing illegal invasion of a citizen’s privacy. It is proved that the legal grounds for restricting the right to inviolability of medical confidentiality should be established only by law. Novelty/originality/value: The Article has a high scientific value, as it is one of the first attempts to identify the legal regime of medical secrecy and its legal regulation in the Russian Federation through the prism of EU practice.
Personal non-property rights, protection of private life of a citizen, medical secrecy, right to medical secrecy, restrictions on the principle of inviolability of medical secrecy
Короткий адрес: https://sciup.org/140250439
IDR: 140250439