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§ 1. The patient as the subject of public health legal relations and its legal status

As the central figure in the legal relations, called to provide rea - lizatsiju human rights on health protection and medical aid rendering, the patient acts. Its requirements on strengthening physical and psihiche - skogo health, to maintenance of a long life predetermine social appointment and sense of professional work of the persons participating in an eye - zanii preventive, diagnostic, medical, rehabilitation on - hallows to the patient.

The satisfaction of interests not contradicting the law patsien - that in system of public health legal relations is based on sovokup - nosti rights, freedom and duties. The rights recognised as the state, freedom and duties of the person requiring in medical vmesha - telstve, form the legal status defining a measure of possible and due activity of participants of public health relations. At the same time the concept «a legal status of the patient» in domestic legal the procountries - stve is not filled by the concrete legal maintenance. Entering in struk - to round of the public health legislation standard documents facet - chivajutsja only investment of sick persons with the certain list of the rights.

With category "patient" the medical and legal doctrine, normotvorcheskaja, pravoispolnitelnaja, judicial and investigatory practice, and also citizens in use widely operate. Despite active use in many spheres of a social and legal life, its maintenance has received official interpretation recently in the Federal act from November, 21st, 2011 №

323-FZ (from amendment and dop.) «About bases of health protection of citizens in Russian Fe -

deratsii »1. Whether - the legislator suggests to understand As the patient« the physical

1 SZ the Russian Federation. 2011. № 48. Item 6724; 2013. № 52 (ch. I). Item 6951.

tso to which there is a medical aid or which has addressed for an eye - zaniem medical aid irrespective of presence at it disease and from its condition »(item 2).

The aspiration of the legislator to satisfy requirement of practice in juridi - cheskom registration of signs of the subject of public health relations sle - blows to estimate positively. Having offered concept of the patient on normotvorche - skom level, he has resolved a number of the questions of principle which were taking place at realisation of the rights and freedom of citizens, feeling requirement in professio - nalnyh services of the doctor. At the moment becomes obvious, that statu - the catfish of the patient possesses any addressing for medical aid fizi - cheskoe the person irrespective of a psychosomatic condition of its health. To the Certificate - alnost fastenings of the given sign in the normative act contacts a sou - shchestvovavshimi in medical, law-enforcement and judiciary practice dis - kussijami about possibility of the introduction into public health legal relations with medical institutions of the citizen who is not considering with the patient.

The given sign is closely connected with other element analyzed defi - nitsii which urged to specify, that the patient the person admits, I receive - shchee medical aid or addressed for it. Thus has znache - nija no kind, conditions and the form of rendered medical assistance. Behind a complex me - roprijaty, directed on maintenance or restoration of physical or mental health, the person has the right to address in establishments sensibly - ohranenija any organisation-legal form.

According to item 32

The federal act «About bases of health protection of citizens in Russian Fe - deratsii» in the medical organisations to it can be rendered: primary me - the wildly-sanitary help; specialised, including vysokotehnologi - cheskaja, medical aid; fast, including fast specialised, medical aid; the palliative medical aid representing about fight a complex of medical interventions, directed on disposal of a pain and simplification of other heavy displays of disease, with a view of improvement ka - chestva lives of incurably sick citizens. Medical aid, in the oche -

red, it can appear: out of the medical organisation (in a place of a call of a brigade of first aid, and also in a vehicle at medical evacuation); it is out-patient (in the conditions which are not providing kruglosutoch - nogo medical supervision and treatment), including in-home by a call of the medical worker; in a day hospital (in conditions, predusmatri - vajushchih medical supervision and treatment in the afternoon, but not demanding round-the-clock medical supervision and treatment); permanently (in the conditions providing round-the-clock medical supervision and leche -

nija).

Proceeding from the presented judgements, shown by the legislator under - a course to a formulation of concept of the patient looks hopefully. However it is not finished to the level allowing qualitatively to provide the decision sotsi - alno a significant problem on protection of the rights and freedom of the person in sector zdravoohra - nenija. It does not solve some question, having essential value for juri - dicheskoj doctrines, public health and judiciary practice. First, for - konodatel has not given due attention to the bases of acquisition by the person of the status of the patient. In the quoted definition it has not reflected cases when the citizen owing to age or an unsatisfactory psychophysical condition cannot express will and personally address for medical assistance. Secondly, the status of the patient is legislatively limited by possibility poluche - nija the medical aid including a complex of actions, directed on maintenance and (or) recovery of health. Open there is a question on distribution of rights and legal obligations of the patient on the person participating in a role of the examinee in biomedical experiment. In - the third, the moment of acquisition is not concretised by the person of the status of the patient and there are no instructions on feature of its termination. Fourthly, holes - motvortsy have not considered it necessary to define a circle of subjects to which on a trade debt the duty on an embodiment during a life of a legal status of the patient is assigned. The put arguments testify that present polozhe - nie affairs in legislative practice does not promote effective osushchestv -

leniju and protection of the rights and freedom of the person, feeling requirement in about - fessionalnyh services of the doctor. It puts forward set of organizational and legal problems before the persons, called to give to the population the mediko-social help or to carry out the control over execution of norms of the public health legislation. The presented arguments serve as an objective indicator for continuation of research activity on judgement of essence of a considered category and napolne - niju its legal maintenance.

Interpretation of a word meaning "patient" meets now in a reference media, the medical and legal literature, documents of the World organisation of public health services, regulatory legal acts subek - tov the Russian Federation. Containing in official sources oprede - lenija not always coincide under the form and the maintenance. To develop the general representation, it is necessary to consider them separately, marking thus both positive, and vulnerable components of offered definitions.

In Russian dictionary the patient is understood as the patient treated at врача1. Its big encyclopaedic dictionary characterises as the person, about - rativsheesja behind medical aid or being under medical наблюдением2. The shown interpretation of etymological value issledue - wash categories are quite suitable for use in an ordinary life. One - to they are not legal, because rather inconvenient there will be their loan for needs normotvorcheskoj and judicial-investigatory practice. Thereof there is an objective requirement for a formulation defi - nitsii which would cover the exhaustive list of signs, otrazha - jushchih the maintenance of the analyzed term. Certainly, that with the decision on - stavlennoj problems feasibly to consult only to jurisprudence. Therefore in the beginning it is reversible to consideration of the most significant, in our opinion,

The definitions of the patient presented in the literature on medical (zdra -

1 See: Ozhegov S.I.dictionar of Russian. 4 izd. M, 1997. With. 412.

2 See: BES / gl. red. A.M.Prokhorov. M, 1998. With. 887.

voohranitelnomu) to the right. So, A.V.Tikhomirov the patient names the person addressing to «to the doctor with need in its professionalism for konsultativ - ache the help and correction of state of health» 1. At the heart of the stated oprede - lenie a little than differs from the interpretation resulted on pages it is specified - nyh before a reference media. If to follow an author's position the status of the patient is got only by that person who addresses to the doctor for a game - sultativnoj the help and correction of state of health. Meanwhile in state blow - stvennyh, municipal, private establishments of public health services profilak - ticheskuju, the diagnostic, medical help to citizens render not roofing felt - to doctors, but also workers with an average medical education (item 69 Fede - ralnogo the law «About bases of health protection of citizens in Russian Federa -

tsii »). From here follows, that in a role of the addressee of the reference for medical pomo - shchju it can appear not only the doctor, but also other expert, in a debt profes - these carrying out advisory, diagnostic and medical functions.

The close attention to a developed question was given by A.N.Pishchita. He suggests to understand as the patient «the person who has entered in legal otno - shenija with medical workers and (or) other representatives of copper - tsinskogo establishments concerning medical aid reception. … neither the place of rendering of medical aid, nor a state of health of the person have no defining value» 2. Diligence of the professor to concretise I will subject - a thuja to the analysis a category and to fill with its legal maintenance are the essential step developing the theory of a legal status of the patient. On - zitsija the scientist it is stated in the scientific article assuming a minimum of judgements on this or that problem. Probably, the last has not allowed to clear up separate signs of the definition formulated by it. So, remained not -

Specified two essential features having direct from - carrying to a legal constituting category "patient". First, not

Clearly, since what moment arise and cease to function the legal

1 Tikhomirov A.V.medical the right: prakt. The grant. M, 1998. With. 76.

2 Pishchita A.N.legal status of the Russian patient//Magazine of the Russian right. 2005. № 11. With. 47.

Relations between the medical worker and the person testing on - trebnost in its professional services. Secondly, not clearly, whom the author ranks as «other representatives of medical institution». Reception of the answer to the put questions assumes carrying out further issle - dovanija on the declared theme.

A little in other formulation a definition of the patient give G.R.Koloko-lov and N.I.Mahonko: «the Patient – the person who has addressed in a medical institution of any organisation-legal form, to the doctor of private practice for poluche - niem the diagnostic, medical, preventive help irrespective of that go, is sick it or is healthy» 1. Authors focus attention on two aspects: 1) for reception of the diagnostic, medical, preventive help grazhda - nin can address in establishments of public health services of any organizational - legal form, including to privately practicing doctors; 2) psihosomati - cheskoe the condition of the patient for the period of the reference in treatment-and-prophylactic establishment should be not obligatory "patient". Last sign G.R.Kolokolov and N.I.Mahonko borrowed from the Declaration on the politician in the field of maintenance of the rights of the patient in Европе2 and the Law of the Saratov area from 14 apre -

lja 1997 №21-ЗСО «About the rights of the patient» 3.

The declaration on the politician in the field of maintenance of the rights of the patient in Europe, characterising physical and mental condition of the patient, defines it as healthy or sick consumer of medical services. It is necessary podder - to press legislators of the European member states of the World organisation of public health services that the psychophysical condition of the patient can vari - rovatsja from absolutely healthy to terminal. With intention to receive service of medical and biologic character in public health services establishments zacha - stuju people who do not pursue the diagnostic, medical or rehabilitation aim address. Using results innovative meditsi -

ny, they wish to rejuvenate the organism or to change appearance of the person.

1 Medical right: the manual / G.R.Kolokolov, N.I.Mahonko. M, 2009. With. 59.

2 Collection of diplomas of Association of doctors of Russia: Medical associations, medical ethics and obshchemeditsinskie problems. M, 1995. With. 82-91.

3 Saratov messages on Mondays. 1997. 28 apr.

It is impossible to name the consumer of services of aesthetic medicine the sick person, but at the same time it is the patient. Developing the given thought, it is necessary under - to hold wishes fairly stated to M.N.Maleinoj on expansion of sphere of the medical services given to healthy people. «It is a question of vaccination carrying out, use of toning up preparations for ukrep - lenija health and life expectancy increase, growth change, ve - sa, a constitution of the person, plastic operations on appearance change, removal of birthmarks, freckles, application of contraceptive means, artificial interruption of pregnancy, sterilisation, etc.» 1. Hundred - tus the patient is got also by the person participating in quality of the examinee in biomedical experiments, pursuing exclusively scientific tse -

Whether.

The law of the Saratov area from April, 14th, 1997 « About the rights of the patient »is - the followed concept defines as the person who has addressed, receiving or ime - jushchee intention to address for reception of the services medical and connected with them irrespective of, it is healthy or is sick. The presented definition accumulates in itself a number of the basic signs: the participant of public health relations feels requirement for the services medical or connected with them; it gets position of the patient when has addressed, receives or has intention to address for reception of the services medical and connected with it; the healthy or sick person can address for reception of the named services. Approving as a whole aspiration of regional legislators to give of an analyzed category the legal form and the legal maintenance, we will pay attention to some inherent in a legislative definition on - sinfulness. In particular, in the named Law the addressee of the reference behind reception of the services medical and connected with them is not designated. In many respects on this at - a rank the true sense of expression of "the services connected with them» is not clear. For its interpretation the special explanation on pravotvorcheskom is required or pra -

voprimenitelnom level. However at present in territory Saratov -

1 Maleina M. N. The person and medicine in the modern right. M, 1995. With. 33.

skoj areas on it are absent any comments. Besides, nejas - but, since what moment the person gets the status of the patient. It is difficult to find any objective substantiations to that the status of the patient the person gets after formation at it intentions to address for service medical ha - raktera. Presence of only one intention is not enough, that at the doctor has arisen - la the legal duty on medical aid rendering. The debt on vypolne - niju professional functions within the limits of public health pravootnoshe - ny at the medical worker appears when at level of consciousness he understands, that with a view of maintenance of rights of the patient the developed conditions demand fulfilment of socially significant actions. While prehundred - vitel a medical speciality does not realise a duty to operate in in - teresah the person requiring its help, it cannot be the participant zdra - voohranitelnyh legal relations. If one of predpolagae - myh subjects there are no conditions for existence of the legal relation is not presented. Hence, there are no legal grounds for a recognition the patient of the person having intention to address for reception of services medical and connected with them.

Thus, the analysis of the resulted definitions testifies that they do not allow to concretise the category maintenance in a due measure

"Patient". In the legal literature there are also other definitions patsien - та1. All of them to a greater or lesser extent reflect presented above that is why do not require special judgement.

The person who has entered in admits our understanding the patient zdra - voohranitelnye legal relations by means of realisation subjective pra - va on reception of service of medical or pharmaceutical character in spe - tsializirovannyh establishments of any organisation-legal form or invited for participation in biomedical experiment in quality ispy -

tuemogo. The offered definition of the patient, under the form and the maintenance javlja -

1 See: Stetsenko Of this year the Medical right: the Textbook. SPb., 2004. With. 163; Stetsenko Of this year, Pishchita A.N., Goncharov N.G.sketch of the medical right. M, 2004. With. 54; Bells of R, Kosolapova N.V., Nikulnikova O.V.Osnovy of the medical right: the Course of lectures. M, 2005. With. 92.

jushcheesja new in the legal doctrine, is based on the following a key - vyh signs: 1) the jural significance the patient admits the person who has entered public health legal relations; 2) participating in sensibly - guarding legal relations, it realises the right on poluche - nie services of medical and pharmaceutical character or becomes is - pytuemym in biomedical experiment; 3) skogo and pharmaceutical character the person can address for reception of service of medicine - in zdravoohra - nitelnye establishments of any organisation-legal form.

The sense of first sign consists that in the jural significance the person who has entered in public health from - carrying with the person can be considered as the patient, professionally engaged medical, psihiatri - cheskoj or pharmaceutical activity. Being the settled norms of the positive law, socially significant communications between the mentioned subjects receive the legal maintenance that forms them as a result of public health legal relations. As a result of influence of norms regulja - tivnogo legislations on actual relations its participants become carriers of rights and korrespondirujushchih it of duties. Ofi - tsialnoe acknowledgement of a complex of the rights and duties stimulates they be givers to satisfaction of own interests within the limits of lawful on - conducting. Thus primary position is taken away to the individual rights which realisation is provided assigned on protivopolozh - nogo the participant with legal obligations. Investment neobhodi - mym in volume of rights and duties gives to the person, nuzhdaju - shchemusja in services of orthodox medicine or psychiatry, formal hundred - tus the patient.

Second sign urged to explain, that in public health pravoot - carrying the person enters by means of right realisation on on - luchenie medical or medicinal service or participating in biomedicine - skom experiment roles of the examinee. Implementation of the status of the patient begins with the reference of the person in the medical organisation or farmatsevtiche -

skoe establishment for advisory-diagnostic or therapeutic on - power. Addressing to the specified addressees with the request to cure or obleg - chit a health disease state, it becomes the participant zdravoohrani - telnyh legal relations as the authorised party. The same legal relations are entered by the medical workers obliged properly is - polnjat the professional functions assigned to them and to render the expected help to the patient. However it is in that case absolutely not obligatory, that

«Both subjects realised the legal status in rigid neposredstven - ache to a sheaf. Character of the problems facing to branch of law, allows them in svo - to it of a positive part to do without a direct connection. For this purpose dosta - precisely communications by the mediated subjects of the legal status assuming realisation. Important not that the party liable as though stays idle in from - carrying of the person realising the right, and that in legal relation there is a subject allocated with a duty, guaranteeing realisation by other subject of the right presented to it» 1.

The initiative of granting of service of medical character not always

The requirement for it proceeds from the person, feeling. Sometimes there are situations when the citizen physically not in a condition to express will and personally to address for medical assistance. For it it is done by the third parties, including owning a medical speciality when they realise arisen obja - zannost to help the patient. So, become by the eyewitness of road and transport incident the doctor should render to the victim the urgent help without dependence from that, the corresponding request has arrived to it or not. Infringement of the professional duty fixed in standard - legal acts of public health character, depending on weight of the consequences which have come for the victim involves responsibility in

Disciplinary, is administrative-legal or criminally-legal order.

1 Razgildiev B.T.criminally and realisation of criminal law problems by them. Saratov, 1995. With.

25.

As the basis for the introduction of the person in public health pravootnoshe - nija serves not only the arisen requirement for service reception meditsinsko - go, psychiatric or pharmaceutical character, but also desire uchast - vovat in biomedical research for the sake of achievement innovative rezul - tatov. Experiences in public, as a rule, are spent with a view of reception or under - tverzhdenija new knowledge which should benefit medical teo - rii and practice in preventive maintenance, diagnosing and therapy of a different sort bo - leznej. The examinee gets the status of the patient after will express dob - rovolnoe the consent to participation in experiment which is made out in lips - novlennom an order. For the period of carrying out of research it has all rights and freedom following from the legal status of the patient. So, guaranteeing the rights of the patients participating in clinical test lekar - stvennogo a preparation for medical application, item 43 Federal zako - on from April, 12th, 2010 №61-ФЗ «About the reference of medical products» lips - navlivaet, that: 1) participation of patients in clinical research lekarstven - nogo a preparation for medical application is voluntary; 2) a pas - tsient or its legal representative should be informed in letters - ache to the form: about a medical product for medical application and sushchno - sti clinical research of this medical product; about safe - sti a medical product for medical application, its expected efficiency and degree of risk for the patient; about conditions of participation of the patient in clinical research of a medical product for medical at - menenija; about the purpose or the purposes and duration of clinical research of a medical product for medical application; about actions of the patient in case of unforeseen effects of influence of a medical product for me - ditsinskogo applications on a condition of its health; about conditions of compulsory insurance of a life, health of the patient; About confidentiality guarantees learning - stija the patient in clinical research of a medical product for me - ditsinskogo applications; 3) the voluntary consent of the patient to participation in kli - nicheskom research of a medical product for medical primene -

nija proves to be true its signature or the signature of its legal representative on an information leaflet of the patient; 4) the patient or its lawful predstavi - tel has the right to refuse participation in clinical research lekar - stvennogo a preparation for medical application at any stage provede - nija such research; 5) carrying out of clinical research lekar - stvennogo a preparation for medical application with participation in quality of a pas - tsientov to children is supposed only from the consent in writing them give birth - pour, adoptive fathers. Children can be considered as potential pases - tsientov such research, only if its carrying out is necessary for strengthening of health of children or preventive maintenance of infectious diseases at children's age or if the purpose of such research is data acquisition about the best dosage of a medical product for treatment of children. In these cases to such research should precede clinical is - following of a medical product for medical application on sover - shennoletnih citizens; 6) carrying out clinical issledova - nija a medical product for medical application with participation in ka - chestve patients is forbidden: children-orphans and children who have remained without care of parents; women in pregnancy, women in chest feeding, except for cases if clinical research lekarstven - nogo the preparation intended for specified women is carried out, under a condition neob - hodimosti information receptions only during carrying out I correspond - shchih clinical researches and acceptance of all necessary measures on isklju - cheniju risk of drawing of harm to the woman in pregnancy, the woman in pe - riod chest feeding, to a fruit or the child; Military men, for isklju - cheniem cases of carrying out of clinical research medicinal prepa - rata, specially developed for application in the conditions of military men dej - stvy, extreme situations, preventive maintenance and treatment of diseases also it is time - zheny, the adverse chemical influence adverse chemical, biological, radiating factors. Clinical research such le - karstvennogo a preparation can be spent with participation in quality of patients

Military men, except for the military men, passing military service on an appeal, with observance of the requirements established by the present Federal act concerning civilians; employees pravoohra - nitelnyh bodies; the persons who are serving time in the places of confinement, and also the persons who are in custody in investigatory insulators; 7) supposes - sja carrying out of clinical research of a medical product for copper - tsinskogo the application intended for treatment mental zaboleva - ny, with participation in quality of patients of persons with mental disorders, at - znannyh incapacitated in an order established by the legislation of Dews - sijskoj of Federation. Clinical research of a medical product in this case is spent in the presence of the consent in writing legal representatives of the specified persons.

Proceeding from specificity of functioning public health pravoot - carrying, the moment of the termination of the status of the patient is logical for connecting with obstojatel - stvami, confirming the decision of problems of corresponding branch zakonoda - telstva or impossibility of their achievement under objective causes. Fak - tory, specifying in the termination of the status of the patient, it is possible to reflect in three situations. The first situation assumes realisation by the patient of the rights, vyte - kajushchih from its legal status. The satisfaction of requirements of the patient on strengthening of physical and mental health testifies about dosti - zhenii the result which has predetermined sense of occurrence and existence of public health relations. End of the course of treatment full recover of the person became which result, excludes an urgency of the further continuation of legal relations between the patient and the medical worker. Thus the moment of the termination of the status of the patient legally should for - be fixed in the medical documents reflecting a condition of its health (for example, in a medical card of the patient).

The second situation arises at voluntary refusal of the patient from realiza - tsii rights. In medical practice there are cases when the patient or its legal representative meaningly refuse from poluche -

nija medical aid. Motives of such will, as a rule, about - are dictated by religious beliefs of the patient or its lawful predstavi - telja, adherence to nonconventional methods and treatment means, with - opinions in competence of doctors, the negligent relation to own health. The right of the patient to refusal of medical intervention or on its termination is officially fixed in several normative acts: in Fe - deralnom the law from November, 21st, 2011 «About bases of health protection of citizens in the Russian Federation» (item 19 and 20), in the Federal act from April, 12th, 2010 «About the reference of medical products» (item 43), in the Law of the Russian Federation from July, 2nd, 1992 «About the psychiatric help and guarantees of the rights of citizens at its rendering» (the item

12). In all specified legal documents it is noticed, that refusal from me - ditsinskogo interventions is made out in writing and accompanies - sja an explanation of its possible negative consequences.

It is important to establish, that refusal of medical assistance has not the right initsii - rovat the medical worker, including rendering service on a paid basis. Operating within the limits of professional standards, it is obliged to make the maximum efforts for recover of the patient. The constitutional Court of the Russian Federation in Definition from June, 6th, 2002 has paid attention that «compulsion of the conclusion of the public contract what the contract on granting of paid medical services is, in the presence of possibility to give sootvet - stvujushchie services means inadmissibility of unilateral refusal of the executor from execution of contractual obligations if it has a possibility is - to make look fat the obligations (to render the person corresponding services), on - skolku otherwise the requirement of the law on the obligatory conclusion

The contract would lose any sense and legal effect »1.

The third situation testifying to the termination of the status of the patient, covers cases of death of the patient. The death acts as the objective factor,

Depriving the person of possibility to participate in public health the right -

1 Definition of the Constitutional Court of the Russian Federation from 06.06.2002 N 115 «About refusal in taking cognizance zha - loby citizens Martynovoj Evgenies Zaharovny on infringement of its constitutional laws by point 2 of article 779 and point 2 of article 782 of the Civil code of the Russian Federation»//the Bulletin of the Constitutional Court of the Russian Federation.

2003. № 1.

Relations. Upon approach of death of the patient check by which results competent bodies accept juridiche - ski the significant decision can be appointed. In the most widespread variant it is established, that the attending physician qualitatively executed professional functions, and prichi - on death of the patient had objective character. In a similar situation otsut - stvujut the bases for criminal case excitation. Much less often lips - navlivaetsja, that the medical worker has not assisted the patient or has not - properly executed a professional duty. The such facts jav - ljajutsja the basis for criminal case excitation in the relation nedobroso - vestnogo the doctor.

The final sign in the definition of the patient offered by us specifies, that medical and pharmaceutical harak - tera the person can address for reception of service in public health establishments any or - the ganizatsionno-legal form. Now in territory of the Russian Federation three systems of public health services function: state, municipal and private. The citizen has the right to come to any of them and to a floor - chit the necessary help according to a condition physical and loonies - cheskogo health. Parties liable need to make extremely possible for satisfaction of its request on improvement of health and prolongation polnotsen - ache organism abilities to live.

Having defined with concept and signs of the patient, we will pass to oznakom - leniju with its rights, freedom, legitimate interests and duties, in with - vokupnosti forming the legal status of the vulnerable participant of sensibly - guarding legal relations. In a translation from Latin the word "status" means «position, a condition» 1. In Russian it is used in two senses: 1) in the generalised sense – the developed condition, position; 2) in special value – legal положение2. In theory of law expression

"Legal status" is used by scientists for the characteristic more often juri -

1 Krysin L.P.explanatory dictionar of foreign words. M, 2009. With. 736.

2 See: Ozhegov S.I., SHvedova N.JU.explanatory dictionar of Russian. M, 2008. With. 764.

dicheski the fixed position of the person in a society and государстве1. «Pra - vovoj the status, – professor Matuzov N.I., – the complex, integration category reflecting mutual relations of the person and obshche - stva fairly marks, the citizen and the states, the individual and collective, other social communications. Therefore it is important, that the person correctly represented the position, the rights and duties, a place in this or that structure, for …. In a life not - seldom there are examples of is false understood or appropriated status. If this status is understood incorrectly the person is guided on alien samples of behaviour» 2.

In process of jurisprudence development in whole and concepts legal on -

lozhenija the person in the Russian society there was a requirement for working out of the theory of a legal status of the patient. One of the first it was investigated by A.N.pi of a board. Leaning on doktrinalnye doctrines about a legal status of the person, he has offered own understanding of an investigated category. The legal status of the patient is characterised by it as «legally fixed position of the person who have addressed for medical aid, including the rights guaranteed by the state, freedom, legal guarantees of their realisation, and also protection of legitimate interests» 3.

In the quoted definition a position of the author on the key moments

Inspires trust. Nevertheless, its separate positions are not indisputable, poto - mu are estimated critically. In particular, according to A.N.Pishchity, a basis of legal status of the person addressing for medical service, structure - ljajut «the rights guaranteed by the state, freedom, legal guarantees of their realisation, and also protection of legitimate interests». Inclusion in number struk - turnyh components of a legal status of the patient of such property as juridi - cheskie guarantees, the objection causes. Under guarantees of the rights, freedom, it is obliged -

nostej and legitimate interests of the person in jurisprudence lips - are understood

1 See: Matuzov N.I. The person. The rights. Democracy. Theoretical problems of the right. Saratov,

1972. With. 190; JAvich h.p. the Right and socialism. M, 1982. With. 163; n's Racer: the textbook. Kharkov, 2000. With. 410; Radko so-called Theory of state and law: the textbook. 2 izd. M, 2010. With. 685.

2 Matuzov N.I., Malko A.V.theor: the textbook. 2 izd. M, 2005. With. 189.

3 Pishchita A.N.legal status of the Russian patient//Magazine of the Russian right. 2005. № 11. With. 47.

novlennye the condition and means law, providing their actual rea - lizatsiju, reliable protection and защиту1. By the nature legal garan - tii observance of interests of the persons requiring medical aid, obra - zujut the independent branch mechanisms stimulating subjects of public health legal relations to appropriate execution of the rights and duties. Observance of the rights and freedom of the patient is guaranteed by norms disciplinary, civil, administrative and criminal zakonoda - telstva. Hence, legal guarantees serve obespechitelnym as a condition and an implementer of a legal status of the patient, but do not represent itself as its organic element.

In aspect stated there is opened a question why A.N.Pishchita does not carry a duty of the patient to compound components of a legal status? Such position of the author can generate illusion as if on the person, I enter - shchego public health legal relations in connection with realisation of the right to reception of service medical, psychiatric, pharmaceutical harak - tera, legal obligations are not assigned. Probably, the scientist orientiro - valsja on the maintenance still Fundamentals of legislation of the Russian Federation operating at that time about health protection of citizens from July, 22nd, 1993 2, koto - rye held back legal obligations of the patient. Meanwhile, spetsiali - sty, engaged in research of the legal status of the person, result convincing arguments in favour of that «a legal status of the person in lju -

bom the state except the rights and freedom in the structure contains as well obja - zannosti for to regulate behaviour of people so, to fix their place in a society, not having provided a duty, it is impossible »3. Subjective duties, thus, constitute a structural element of a legal status of the patient.

On the basis of stated, from our point of view, under a legal status

The patient it is necessary to understand system of the rights, freedom, legitimate interests and obja -

1 See: Vitruk N.V.general the theory of a legal status of the person. M, 2008. With. 305; Hazov E.N.konstitutsion nye guarantees of the rights and freedom of the person and the citizen as an element of a legal status of the person in Russia//«Cher - nye holes» in the Russian legislation. 2004. № 2. With. 47.

2 See: Sheets SND and VS the Russian Federation. 1993. № 33. Item 1318.

3 Voevodin L.D.legal the status of the person in Russia: the manual. M, 1997. With. 34.

zannostej the person who has entered public health legal relations, promoting reception of objectively necessary services of medical or pharmaceutical character in specialised agencies and learning - stiju in officially resolved biomedical experiment in quality is - pytuemogo. The formulated definition is based on two is interconnected - nyh signs. The first assumes, that the status of the patient is formed by system of the rights, freedom, legitimate interests and duties of the person who has entered public health legal relations. The given sign reflects the external form of a considered category that has the important theoretical value. However he does not allow to open its substantial specificity which essence is explained in second sign. On the orientation the system of the rights, svo - bod, legitimate interests and duties of the person who has entered in zdravoohra - nitelnye legal relations, focuses pravoispolnitelej on observance of norms of the positive legislation in the course of granting to the patient ob - ektivno necessary services of medical, pharmaceutical character or participation in biomedical research. The legal status of the patient urged to protect the person from poor-quality medical intervention and zapre - shchennyh the law of methods eksperimentirovanija.

After definition of a legal status of the patient it is logical to consider structural elements constituting it. The rights concern their number, svobo - dy, legitimate interests and duties of the patient. The specified categories have found interpretation in jurisprudence. During an explanation of their maintenance the fair will lean against concepts of the rights, freedom, legitimate interests and obja - zannostej the person, proved in the general theory of law. So, N.V.Vitruk's right defines as «socially caused and is guaranteed - nuju a measure of possible behaviour of the person which is defined by norms ob - ektivnogo the rights (the constitution, laws), with a view of using are material - mi, the spiritual both personal blessings and values for satisfaction sob -

stvennyh requirements and interests »1. More developed definition subek -

1 Vitruk N.V.general the theory of a legal status of the person. M, 2008. With. 233.

tivnogo the rights are offered by N.I.Matuzov. Its professor characterises as «with - zdavaemuju and guaranteed by the state through norms of the objective right special legal possibility to operate, allowing the subject (as to the carrier of this possibility) to behave definitely to demand from replying behaviour from other persons to use defined sotsi - alnym the blessing to address in case of need to competent bodies of the state for protection – with a view of satisfaction of personal interests and potreb - nostej, not contradicting public» 1.

Authors of the resulted definitions converge that sense subjectively -

go the rights consists in granting to the person of possibility freely izbi - a host variants of own behaviour which limits are strictly outlined on - zitivnym by the legislation. The given sign as much as possible precisely reflects an essence of the considered phenomenon and extends on all versions sub - ektivnogo the rights. «Usually possibility is understood as that in the presence of certain conditions can become a reality, turn in dejstvitel - nost … At such interpretation of possibility first of all podcherkiva - etsja its ability provided with cash conditions, to become valid -

stju »2. To transformation of probability into the validity guarantees state blow -

stvo by means of creation favorable from the point of view of a policy, economy and the right of the conditions allowing pravoispolniteljam without difficulties udovletvo - rjat the interests, not having resorted thus to infringement of instructions regulja - tivnogo and the guarding legislation. In absence in the state hectare - rantii the right has declarative character. Specially sozda - vaemye obshchesotsialnye conditions of realisation of the individual right a way - stvujut to rooting in mass consciousness of conviction in existence dej - stvitelnoj possibilities of unobstructed satisfaction personal intere - owls. The organisation optimum ideological, material and juridiche -

skogo a mode of realisation of subjective interests provides the worthy

1 Matuzov N.I. The person. The rights. Democracy. Theoretical problems of the right. Saratov, 1972. With.

145.

2 Voevodin L.D.legal the status of the person in Russia: the manual. M, 1997. With. 130.

The life and free development of the person, eliminates many reasons, I generate - shchie infringements of its rights and freedom.

Within the limits of concrete legal relations realisation sub - ektivnogo the rights without possibility to demand the ordered behaviour from obja - zannogo persons is impossible. At the expense of appropriate execution legal objazanno - stej the counter party the authorised subject intends prak - ticheski to realise the rights fixed to it, freedom and legitimate interests. But thus the right carrier can count on fulfilment by a bound party of only such positive actions, necessity is - polnenija which is dictated by norms of morals and reguljativnogo zakonoda - telstva. Not supported pravoobjazyvajushchimi documents of claim have no validity. Hence, they cannot induce the addressee to fulfilment of positive actions in favour of the citizen, assuming to satisfy individual requirements.

Corresponding to norms of morals and positive the legislator - stva the requirements which execution provides realisation subektiv - nogo human rights, on the spirit are socially caused and put all privies in position equal in rights. Thus they - how many do not infringe upon interests of the obliged subject. In borders I exist - shchego legal relations the resisting party also can state juridi - cheski significant requirements to the person for the sake of which realisation of interests it has arisen. In turn last is obliged them to put into practice. So, within the limits of public health legal relations the doctor, being pravoobjazannym the subject, has the right to demand from the patient of strictly certain behaviour, poses - voljajushchego as fast as possible to establish the diagnosis of illness or to raise ef - fektivnost applied therapeutic manipulations (for example, predo - stavljat a trustworthy information about the diseases transferred earlier, with - bljudat recommendations of medical workers about application of the appointed medical products, etc.). Thus, possibility of a presentation of the requirement peculiar to everyone privy on sover -

sheniju socially significant actions underlines unreality osushchestvle - nija rights without execution korrespondirujushchih it of duties.

The sense of the listed and is short characterised signs subek - tivnogo the rights has universal character. It it is safely possible rasprostra - a thread on various spheres of ability to live of the person. Does not constitute isklju - chenija in it public health services area. Operating with the stated interpretation of a studied category, it is simple to formulate a definition of the right of the patient. The right of the patient is the measure of possible behaviour of the person who have entered public health legal relations concerning satisfaction socially caused and guaranteed by the state potrebno - sti in service medical, psychiatric either pharmaceutical harakte - ra or participations in biomedical experiment in a role of the examinee, pozvo - ljajushchaja to demand from the corresponding expert of appropriate execution of professional functions.

The offered definition is based on the following key at - signs. The first of them underlines, that the right gives to the patient legally provided possibility independently to make the actions directed on satisfaction of requirements for services of medicine - skogo, psychiatric and pharmaceutical character, to select means and ways of achievement of personal interests, to use the social blessing, to - torye can be realised at any moment. For transformation of possibility into the validity of the patient osoznanno chooses a variant of behaviour which will most effectively provide favorable result expected by it. At the same time practically realizable possibilities of free behaviour of the person, is - pytyvajushchego need in medical assistance, are not boundless. Limits dozvo - lennyh actions of the patient are specified in the objective right. It is a question about juridi - cheskih the norms fixed in ch. 5 items 19 Federal acts «About bases of health protection of citizens in the Russian Federation», proclaimers of the right of the patient, item 43 of the Federal act from April, 12th, 2010 «About the reference le - karstvennyh means», the patients specifying the right participating in kliniche -

skom research of a medical product for medical application, item 37 of the Law of the Russian Federation from July, 2nd, 1992 «About the psychiatric help and guarantees of the rights of citizens at its rendering» 1 patients defining the right which are in psychiatric hospitals.

Second sign fixes, that in the right of the patient zakljuche - on special sorts the possibility provided with a duty of persons, professio - nalno engaged medical, psychiatric or pharmaceutical activity. Caused by the legal status of the doctor or the pharmacist legal duties give to their owners strictly certain functions which realisation provides a positive orientation and effektiv - nost carried out treatment-and-prophylactic manipulations. Legally provided measure of possible behaviour allows the patient to demand from from the replying expert of qualitative execution of professional functions that will by all means be reflected in productivity diagnostic, those - rapevticheskih or rehabilitation actions. Not execution or nenad - laying execution by the medical worker assigned to it profes - sionalnyh duties involves established by the legislation disciplinary, civil-law, administrative or the criminal liability.

Third sign of a definition of the right of the patient is explained, that by a measure of possible behaviour of the person who has entered public health legal relations concerning satisfaction of requirement for service meditsinsko - go, psychiatric or pharmaceutical character or participation in biome - ditsinskom experiment in a role of the examinee, is socially caused. The rights of the patient are social by origin, to the internal maintenance and ozhidae - momu to result. By the nature of the right of the patient represent juri - dicheski the issued set of subjective interests of persons, I act - shchih as the vulnerable party in social relations public health ha -

raktera. They allow weakness of public health legal relations

1 See: Sheets SND and VS the Russian Federation. 1992. № 33. Item 1913.

To show the personal initiative in satisfaction of arising requirements for services of medicine, psychiatry or pharmacology. Giving to patients legal possibility to make positive impact on result of profession of a physician, the state aspires to equalise actual inequalities, sushche - stvujushchie between healthy and sick people. Strengthening of a role of the patient in public health relations testifies about social orientiro - vannosti politicians of the state and its civilisation.

Fourth sign pays attention that practical pretvo - renie during a life of the right of the patient guarantees the state, creating for this purpose the favorable social and economic and legal environment in which atmosphere the authorised person can effectively satisfy requirements peculiar to it, and doctors and pharmacists – qualitatively to fulfil the professional duties assigned to them. The data maintenance at - a sign is based on positions of the Constitution of the Russian Federation, proclaiming Dews - sijskuju Federation the social state which policy is directed on creation of the conditions providing a worthy life and free development of the person. The organic law assigns to the duty state on osushchestv - leniju the measures directed on preservation of health of citizens, creation opti - malnyh the conditions allowing each to choose kind and volume medical on - hallows, corresponding to recommendations and possibilities of a medical science and practice (item 7, 41). To maintenance of social protection of interests of sick persons in reception of medical services at the expense of the additional financial sources, allowing to mete burden of expenses, the system of medical insurance of citizens promotes functioning on territory of the country.

The legal guarantee of the rights of the patient is found out in legislative and state judicial business. Now the maintenance subek - tivnogo the rights of the patient opens the Federal act from November, 21st, 2011

«About bases of health protection of citizens in the Russian Federation», whether - which bo the certain behaviour, or sank - tsioniruet orders to the authorised person it on positive actions. So, at the reference behind the medical

The help and its reception the patient has the right on: a choice of the doctor and a copper - choice tsinskoj the organisations according to the present Federal act; about - filaktiku, diagnostics, treatment, medical rehabilitation in the medical organisations in the conditions corresponding sanitary-and-hygienic trebova - nijam; reception of consultations of doctors-experts; simplification of a pain, it is connected - ache with disease and (or) the medical intervention, accessible meto - dami and medical products; reception of the information on the rights and duties, a condition of the health, a choice of persons to which in interests of a pas - tsienta the information on a condition of its health can be transferred; reception of dietetic therapy in case of a finding of the patient on treatment in stationary conditions; protection of the data constituting medical secret; refusal of copper - tsinskogo interventions; compensation of the harm caused to health at an eye - zanii to it of medical aid; The admission to it of the lawyer or lawful before - stavitelja for protection of the rights; the admission to it of the cleric, and in slu - tea of a finding of the patient on treatment in stationary conditions - on predostav - lenie conditions for departure of the religious practices which carrying out is possible in stationary conditions, including on granting of a separate premise if it does not break the internal schedule medical organi - zatsii. Resisting to the right of the patient of a duty of medicine - skogo the worker if necessary can be stimulirovany to performance by means of the mechanism of legal influence regulated by the legislation. In case of infringement guaranteed by the state the patient is right can to address for protection in law-enforcement and pravoprimenitelnye bodies, remedial establishments which are obliged to take measures for their restoration.

Following structural component of a legal status of the patient you - its freedom goes. The operating Russian legislation does not operate with the formulation freedom of the patient. Obviously insufficient attention to studying of the given term and concept designated by it is given by the legal doctrine. In not numerous publications devoted to judgement legal on -

lozhenija participants of public health relations, freedom of the patient or remains out of attention of researchers, or is identified with subjective правом1. A basic error that authors corresponding nauch - nyh works consider the specified legal categories as conterminous concepts, no. Freedom of the patient as actual condition cannot be torn off from the legal rights. However the made reservation at all does not mean nevozmozh - nost distinction carrying out between them. Differentiation of rights and freedom of the patient has under itself the objective bases. It gets

«Theoretical and practical value for it is a question of deeper about - niknovenii in legal nature of these phenomena, their adequate detailed elaboration in the current legislation, creation of the reliable mechanism of maintenance and realisation. And the science problem … consists in establishing krite - ry differentiations of the rights and freedom» 2.

For specification of etymology of the term "freedom" it is reversible to dictionaries,

Explaining common concepts. So, in an explanatory dictionary sovre - mennogo language the word "freedom" reveals in four values: «1. In filo - sofii: possibility of display by the subject of the will in the conditions of comprehension of laws of development of the nature and a society. 2. Independence, absence stesneny and the restrictions connecting a political life and the figure - nost of any class, all society or its members. 3. In general - otsut - stvie any restrictions, stesneny in something. 4. A condition of the one who is not in prison, in bondage» 3. Big encyclopaedic slo - var the term "freedom" treats as «ability of the person to operate in soot - vetstvii with the interests and the purposes, to carry out a choice. People not vol -

ny in a choice of objective conditions of the activity, however they possess

1 See: Starchenko A.A.management on protection of the rights of patients. SPb., 2002; Pishchita A.N.legal status of dews - sijskogo the patient//Magazine of the Russian right. 2005. № 11. With. 47-48; Lomakin I.G.maintenance of the rights patsi - entov from the point of view of civil law of the Russian Federation//Proceedings of II All-Russia congress (National a game - gressa) by the medical right / under the editorship of a member-correspondent of the Russian Academy of Medical Science, prof. J.D.Sergeeva. M, 2005. With. 349-354; Serge - ev S.N.right of patients and a press//Proceedings of IV All-Russia congress (the National congress) by the medical right / under the editorship of a member-correspondent of the Russian Academy of Medical Science, prof. J.D.Sergeeva, prof. S.V.Yerofeev. M, 2009. With. 220

221.

2 Ebzeev B.S. The person, the people, the state in the constitutional system of the Russian Federation. M, 2005. With. 207.

3 Ozhegov S.I.dictionar of Russian. M, 1997. With. 589.

Concrete and relative freedom when keep possibility in a choice authorised by norms and values of the given society of the purposes or means of their achievement »1. The resulted sources do not form representation about svo - bode as about universal concept. At the same time, being based on them containing - nii, it is simple to draw a conclusion that at lexical level value svo - body contacts in advance known possibility of the active subject oso - znanno to select the variant of behaviour reflecting personal interests in razlich - nyh spheres of a social life. Thus limits of realisation to the individual - alnoj freedom have the frameworks. They are predetermined objective zako - us of development of the nature, a society and the person.

In jurisprudence the category "freedom" narrowly contacts essence of the right. A number of scientists carry it to versions subjective pra - va. So, according to A.V.Malko, V.V. Subocheva, A.M.Sherieva in formally - legal sense freedom of the person a little than differs from the right. «Any freedom (words, conscience, creed, the unions or assotsia - tsy etc.) is:) possibility of certain behaviour of the authorised person (possibility to state to thought to defend any position, ispovedat the religion etc.); possibility to demand certain behaviour from a party liable (obliged – passively obliged – in this case javlja - etsja the uncertain circle of persons resisting to the subject); possibility about - rashchatsja behind protection of freedom to competent bodies; possibility

To use the social blessing concluded in any freedom »2. Following the results of

The presented judgements authors conclude, that freedom less detaliziro - vana in legal instructions, but gives persons the same volume of competences, as well as the right.

In a little bit other form sees communication of freedom with the right K.E.igna tenkova. In her opinion, the right and freedom have practically identical priro -

du also concern versions of legal permissions. They outline

1 Big encyclopaedic dictionary / Gl. red. A.M.Prokhorov. M, 1998. With. 1070.

2 Malko A.V., Subochev V.V., SHeriev A.M.right, freedom and legitimate interests as samostoja - telnye objects of protection and protection//the Policy of Law and a legal life. 2008. № 1. With. 75.

Provided with the state dozvolennost a choice of a variant of behaviour indi - a kind in various areas of its ability to live. Having settled down in a legal regulation zone, freedom in comparison with the right ha - rakterizuetsja the big open space for the personal discretion of the individual. Freedom, in understanding of the author, represents «the kind of the permission consisting in a physical and spiritually-moral personal immunity and predo - stavlenii to the subject in the given spheres of all completeness existing probably - stej under the order itself and the actions, guaranteed by an interdiction of unreasonable external intervention in them, including, from the party gosu - darstva in the name of its bodies and officials» 1.

Specifying in semantic affinity of considered categories, before -

staviteli jurisprudence nevertheless find distinction in the maintenance of concepts

"Right" and «subjective freedom». Specificity of freedom they see in the field of activity of the person which is out of direct vmesha - telstva the states. Thus bodies and the officials representing the government, not only should abstain from intrusion into area of realisation of freedom of the citizen, but also are obliged to provide for - a board of its borders from intervention of others субъектов2. For the decision it is put - ache problems competent bodies establishes obligatory rules on - conducting. Following to all of them without an exception pravoispolniteljami protects sphere of realisation of individual freedom from unreasonable external a game - trolja.

The shown features of a category «subjective freedom» can be are taken for a basis at definition of the maintenance of freedom of the patient. Its essence consists in the possibility of a choice guaranteed to the sick person spo - sobov satisfactions of the requirements caused by its condition fiziche - skogo or mental health. Giving to the patient action freedom in

Concrete public health legal relations, the state stimulates

1 Ignatenkova K.E.permission as a way of legal regulation: avtoref. dis. … kand. jurid. Sciences. Sara - tov, 2006. With. 19.

2 See: Azarov A.JA.human right. M, 1995. With. 28-29; Voevodin L.D.legal the status of the person in Russia:

The manual. M, 1997. With. 134; Krasikov A.N.crime. Saratov, 1999. With. 5.

It to joint participation with medical workers in acceptance significant for a life and health of decisions. Under such circumstances the doctor, acting in a role about - fessionala, estimates health of the patient and offers corresponding me - ditsinskuju service, and the informed patient agrees or rejects the arrived offers at own discretion. The personal initiative in a wasp - shchestvlenii the rights and the interests not contradicting the law, allowing kontro - lirovat character and volume of rendered medical aid, does the patient by the full participant of process of medical inspection and treatment.

Summing up the stated judgements, it is possible to conclude, that pas - freedom tsienta represents the guaranteed possibility of participation in a choice of officially approved and experimental methods of diagnostics, treatments, preventive maintenance of the illnesses which realisation is caused reached urov - it of development of medical practice and does not contradict operating zakono - datelstvu. The patient, in particular, is free in a choice of body of public health services, medical institution, the attending physician, ways and carrying out forms dia - gnosticheskih, medical, preventive actions. Freely without vme - shatelstva from the outside the decision on participation in quality of object of research in medical experiment independently makes, expresses will on vypol - nenie therapeutic procedures and surgical operations, including on withdrawal of body or fabrics for transplantation to the recipient.

As an independent element of a legal status of the patient defensible allocation of the interests protected by the law which have not found direct expression in rights guaranteed to it, but feeling requirement for legal protection or protection. Proving theoretical and practical expediency of inclusion of legitimate interests in juridiche - sky the status of the person, N.I.Matuzov in one of numerous mono - graphic editions writes: «Legitimate interests, being under protection … the states, even more consolidate legal positions of the person in a society, … condition for the fullest satisfaction various zapro - owls and aspirations, upholding of the rights and freedom, honour and advantage, on -

buzhdajut to struggle against lacks, the negative phenomena. It is important dopol - nitelnaja a guarantee of socially-legal status individual and at the same time stimulus for its vigorous activity »1.

Forming nowadays system domestic public health zako - nodatelstva normative acts seldom, but operate with terms "interest" and

"Legitimate interest". So, the federal act «About bases of health protection of citizens in the Russian Federation» in item 6 proclaims a principle of a priority of interests of the patient at rendering of medical aid and registers sposo - its realisations. The law of the Russian Federation «About the psychiatric help and guarantees of the rights of citizens at its rendering» in item 46 gives to public associations the right to carry out the control over observance of the rights and pas - legitimate interests tsienta in psychiatric facilities. In following article mentioned for - a game guarantees to the citizen appeal possibility in court of actions of copper - tsinskih the workers striking its rights and legitimate interests at okaza - nii the psychiatric help (item 47). Having analysed positions of the named diplomas with sufficient definiteness it is possible to make you - of waters that the direct maintenance of concept of a legitimate interest patsi - enta on normotvorcheskom level does not reveal. The legislator limits - sja only to instructions on necessity of its observance, protection and protection. From - sutstvie a legal definition of a legitimate interest of the patient essentially for - trudnjaet its realisation on pravoispolnitelnom and pravoprimenitelnom level, that finally predetermines social and scientific aktual - nost an investigated problem. At the same time, following settled in the doctrine and pravoprimenitelnoj to practice to receptions of interpretation of legal categories, it is simple to understand, that under the rights and legitimate interests of the person, pol - zujushchegosja services of medical and psychiatric character, zakonoda - tel means faithful and a target orientation, but various legal permissions of the vulnerable subject of public health relations.

Mainly leaning against the theory developed in jurisprudence

1 Matuzov N.I.legal system and the person. Saratov, 1987. With. 114.

Legal status of the person, it puts in each of investigated katego - ry own semantic loading, allocates with their qualities samostojatel - nyh elements of the mechanism of legal regulation and protection.

Now at monographic level does not exist spetsial - nyh the works as which object of research legitimate interests of the patient would act. Along with it in jurisprudence it is presented considerable koliche - stvo the proceedings devoted to studying of concept lawful интереса1. One of visible developers of the concept of legitimate interests is A.V.Malko, managed to prove a role and a place of a considered category in pra - vovom the status of the person. According to the professor, «the legitimate interest is from - razhennoe in the objective right or following of its general sense and in certain degree the simple legal permission guaranteed by the state expressed in aspirations of the subject to use by the concrete social blessing, and also in some cases to address for protection to

To competent bodies – with a view of satisfaction of the requirements, not about - tivorechashchih public »2.

Close under the form and the maintenance a definition of a legitimate interest the form - liruet V.V. Subochev: «the Legitimate interest is an aspiration of the subject polzo - vatsja the certain social blessing and in some cases to address for protection to competent bodies with a view of satisfaction of interests not contradicting rules of law which in certain degree is guaranteed gosu - darstvom in the form of legal dozvolennosti, reflected in the objective right or following of its general sense» 3.

Attentive studying of the maintenance of the quoted definitions of poses -

voljaet to draw a conclusion that essence of interest protected by the law uche - nye see in two positions: in reflected in the objective right or

1 See: SHajkenov N.A.legal maintenance of interests of the person. Sverdlovsk, 1990; Malko A.V., Subochev V.V. n as a legal category. SPb., 2004; Krasnov A.V.legitimate interest as means realiza - tsii the Policy of Law//the Policy of Law and a legal life. 2005. № 2. With. 104-112; Subochev V.V. n in the legal regulation mechanism / under the editorship of A.V.Malko. M, 2007.

2 Malko A.V.right and a legitimate interest//Jurisprudence. 1998. № 4. With. 62.

3 Subochev V.V. n in the legal regulation mechanism / under the editorship of A.V.Malko. M, 2007. With.

19.

Following from its general sense in idle time legal dozvolennosti and in aspiration of the subject to possession the concrete social blessing, udovletvo - rjajushchim its requirements. Expressing aspirations of the individual to satisfaction of the requirements which have not received reflexion in rights, lawful in - teresy have character of legal permissions and settle down inside pra - vovogo fields. Cannot count on protection or protection interests of the person which realisation contradicts the general sense and spirit of the right, lawful in - teresam other citizens, a society and the state. For satisfaction sootvet - stvujushchih to the owner of a legitimate interest possibility is given to the standard principles and norms of personal inquiries not only to use opre - delennym the social blessing, but also to address for its protection to competent instances if in it there will be an objective necessity. But, unlike the right, the legitimate interest is not resisted by a straight line juridiche -

skaja the duty of the counterpart to behave defined образом1. In the same vre -

mja the interested person can expect from privies from holding court of the actions which are not contradicting spirit of their legal status.

The definitions of interest protected by the law developed in the general theory of law have the generalised character and are not calculated on concrete sphere of ability to live of the person. Without adaptation to a scope zdravoohrani - telnogo the legislation and practice of its application rather inconvenient there will be their use in the legal relations developing between patsi - entami and the persons who are professionally engaged medical, psihiatri - cheskoj or pharmaceutical practice. For the decision of the problems facing to the present scientific research, maintenances presented in juridiche - skoj it is necessary for literature of definitions of a legitimate interest to fill the - stvami, reflecting a legal status of the patient. Taking into account stated ponja - tie a legitimate interest of the patient, in our opinion, it is reasonable to present in a trace - jushchej editions: this socially caused and guaranteed by the state in

Kind legal dozvolennosti aspiration of the person to use the blessings

1 See: Matuzov N.I.legal system and the person. Saratov, 1987. With. 112.

The public health character, realised with a view of satisfaction obek - tivno the necessary requirements caused by the status of the patient.

The offered definition reflecting specificity protected zako - nom interest of the patient, is based on four basic signs. First sign urged to explain, that the legitimate interest represents dozvo - lennoe aspiration of the person to possession a wide spectrum of the blessings zdravoohra - nitelnogo character. The realised aspiration of the person to use valuably - stjami, capable to satisfy its requirement, forms «the central, axial element in the legitimate interest maintenance for only it is capable to give to the legitimate interest carrier that is required to it, it is necessary

For the ability to live »1. Concrete desire of the patient to satisfy

Medical, psihiatriche - skogo or pharmaceutical character character of aspiration in that has the found out need for separate service is sti in what it has not received reflexion in the rights of the patient. Absence obek - tivnogo acknowledgement in the standard document of actual possibility to realise subjective interest it is impossible to consider as a barrier to its realisation. At the heart of a such obstacle real conditions of ability to live which do not depend on will of the legislator, the right - of the executor and pravoprimenitelja lay. The aspiration of the patient to possession can be left by the blessing without a regulation in the legal rights on that at - a rank, that in the state the due material or economic basis demanded for its embodiment during a life is not generated. In it is private - sti, despite aspiration actively shown by the patient to treatment from heavy oncological disease, representatives of a medical trade in force not perfection of a medical science and practice not in a condition to guarantee today to it favorable result. After the innovative medicine will reach progress in treatment similar dangerous to a life bolez - it, the patient will have a basis to apply for positive result

Surgical doctors surgical and therapeutic operations.

1 Malko A.V., Subochev V.V. n as a legal category. SPb., 2004. With. 76.

Second sign in analyzed definition establishes, that the law - nye interests of the patient are guaranteed by the state in a kind legally dozvo - lennogo behaviour. The sense of the simple legal permission to possession the social blessing consists in absence of a standard interdiction on sover - shenie certain action. Thus the legislator does not assign to itself powers under the statement of possible variants of activity pravoispol - nitelja, leaving a choice of an is intellectual-strong-willed orientation of actions behind the carrier of interest approved by the law. He also does not establish in otno - shenii someone the legal obligation on fulfilment of actions, udovle - tvorjajushchih concrete desire of the owner of interest. Unlike subektiv - nogo the right which as integral constituting includes in the maintenance the possibility provided with the legal obligation protivo - polozhnogo the participant of the public health relation, in the course of realisation of a legitimate interest the patient is not authorised to make the demands to kontr - to the agent on performance of expected action. He can count only on that, «that dozvolennost remained, to anybody any way was not limited, that the condition which can be characterised as absence operated

Interdiction »1. Actual possibilities of a legitimate interest of the patient more often

Are shown in the form of nonconventional recommendations or requirements on about - conducting diagnostic and medical actions which should not vstu - pat in the conflict to the standard standards of rendering medical pomo - a Russian cabbage soup. The interests contradicting the law, do not come under to legal protection. So, in legal protection sphere the request of the incurable patient about pre - krashchenii artificial measures on the life maintenance, turned into the address me - ditsinskogo the worker does not fall.

Third sign in a considered definition specifies, that within the limits of public health legal relations legitimate interests of the vulnerable subject are realised with a view of satisfaction of objectively necessary requirements,

Caused by the status of the patient. At the heart of interest «requirements lay,

1 Matuzov N.I.legal system and the person. Saratov, 1987. With. 122.

Forming its structure and the inducing person, a group of persons and, at last, the state to make certain actions, including legal, or to abstain from them »1. The interests of the patient formed on the basis of objectively confirmed requirements, are mainly dictated perspektivoju preservations and strengthenings of a condition of psychosomatic health. Quite often che - lovek enters public health relations as the participant biome - ditsinskogo the experiment focused on achievement of innovative results in preventive maintenance, diagnosing, treatment of illnesses. But also in on - dobnyh cases osoznanno-strong-willed behaviour of the patient motivirovano neobho - dimostju maintenance, improvement of physical or mental health own, persons close to it, fellow citizens.

Definition fourth sign concentrates attention that for - horse interests of the patient are socially caused. The interests formed in consciousness of the patient under the influence of requirements for preservation and improvement of a condition of mental or physical health, are social on the about - ishozhdeniju, to the maintenance and expected from practical realisation re - zultatu. As a source of their occurrence acts socially justified on - trebnost the person to use the blessings of orthodox medicine, psihiat - rii and pharmacology. Calculation on preservation and strengthening of quality of a psychocatfish - ticheskogo the health, not supported with the legal rights, is based on fair understanding surrounding with true of the importance of satisfaction of interests of the patient in vital space of the person. The society always for - is interested in recover of the sick person, creation to it of appropriate conditions for self-expression of individual qualities according to real - nymi economic possibilities. Aspirations to possession the social blessings, practically realised in interaction with experts of a medical trade, allow the patient to return to habitual zhiznedeja -

telnosti and to feel itself in a society as its sound representative.

1 Osipov A.A.interest and subjective civil law: dis. … kand. jurid. Sciences. M, 2011. With. 9.

The resulted and is short characterised signs of a legitimate interest of the patient give quite distinct representation about the maintenance of an investigated category and reflect an objective reality. Offered for discussion of legal community the definition can be is taken for a basis for sover - shenstvovanija theories of a legal status of the patient and criminally-right protection its some structural components. It will open new possibilities on realisation of interests of the patient not contradicting the law in the legal relations developing concerning preservation and strengthenings of health.

In the legal literature has got value certain indisputable is - oozes doktrinalnoe position according to which freedom concern number of elements the right - vogo the status of the person and lawful intere - sy not only the rights, but also subjective duties. «Durability and stability of position of the person in … to legal system is reached not only with the help provozgla - shenija and warranting of corresponding rights and freedom, but also by means of an establishment of accurate legal obligations of the citizen pe - red a society, the state, other people. Without it the legal condition of each separate person would be legally poor and neproch -

nym », - marks N.I.Matuzov1.

Problems of standard registration of subjective duties a forehead - of a century and the citizen, their execution in real ability to live draw attention of researchers of the general theory of the state and права2 and branch legal наук3. If a category «the legal duty of the citizen» in ka - chestve independent object of scientific judgement in jurisprudence izu -

chaetsja rather давно4, subjective duties of the patient yet

1 Matuzov N.I.legal system and the person. Saratov, 1987. С.143.

2 See: Hachaturov K.E.legal obligation of the citizen of the Russian Federation. Problems of the theory and prak - tics: avtoref. dis. … kand. jurid. Sciences. SPb., 2000; Barzilova JU.V.legal obligation as an element of a legal status of the person: avtoref. dis. … kand. jurid. Sciences. Saratov, 2006; Karimova: essence and realisation problems: avtoref. dis. … kand. jurid. Sciences. Ekaterinburg, 2008.

3 See: Babakov V. A. A civil remedial duty. Saratov, 2001; Ebzeev B.S. The person, the people, gosu -

darstvo in the constitutional system of the Russian Federation. M, 2005.

4 See: Levchenko V.G.Ispolnenie of the constitutional duties of citizens of the USSR as a strengthening guarantee about - shchestvennogo an order: avtoref. dis. … kand. jurid. Sciences. M, 1972; Semeneko B.M.legal obligation of citizens of the USSR: avtoref. dis. … kand. jurid. Sciences. Saratov, 1978; I eat V.Kategorija duties in the Soviet civil law: avtoref. dis. … kand. jurid. Sciences. M, 1981.

Were exposed to research. Until recently held back about objazanno - stjah the patient the normative acts regulating the relations between copper - tsinskimi by workers and consumers of their professional services. For the first time the mention of duties of citizens in health protection sphere has appeared in the Federal act from November, 21st, 2011 «About health protection bases grazh - is given in the Russian Federation». Article 27 of the named law assigns on grazh - allowed to care a duty of preservation of the health. In cases, predu - smotrennyh the legislation, they should pass medical examinations. The persons, suffering with the diseases representing danger for I surround - shchih, medical examination and treatment are obliged to pass, to be engaged in preventive maintenance of diseases. And the citizens who are on treatment, are obliged to observe behaviour rules in the medical organisations and a treatment mode, including defined for their temporary incapacity for work.

The federal act from July, 20th, 2012 «About a donor service of blood and it is nentov» 1 in item 12 lists duties of the donor which it is necessary reali - zovyvat in the course of performance of donor function. From the person who are voluntary handing over blood and (or) its components, the law demands: 1) to show the passport or other document proving the identity; 2) to inform known to it in - a formation on the transferred infectious diseases, a finding in kontak - those with infectious patients, stay in territories, on which sushche - stvuet threat of occurrence and (or) distributions of mass infectious diseases or epidemics, about the use of narcotics, psiho - tropnyh substances, about work with harmful and (or) dangerous working conditions, and also vaccination and the surgical interventions executed during

Year before date of delivery of blood and (or) its components; 3) to pass medical about - following. The donor who has deliberately hidden at the moment of passage meditsinsko - go inspections or deformed the information known to it on a condition zdo - rovja, bears the responsibility established by the legislation Russian

Federations if such behaviour has entailed or could entail harm

1 See: SZ the Russian Federation. 2012. № 30. Item 4176.

To health or a life of recipients. Speech, in particular, goes about an establishment of the criminal liability for infection with a venereal disease (item 121 UK the Russian Federation), infection with a HIV-infection (item 122 UK the Russian Federation).

Thus, separate diplomas zdravoohranitelno - go character include the norms ordering to patients in konkret - nyh legal relations a kind and a measure of objectively necessary behaviour, but do not give legal obligation definition. From here many patients of a floor - gajut, that are guaranteed by it only the rights, and by duties are allocated medicine - skie работники1.

Before to formulate own definition subjective obja -

zannosti the patient, we will analyse the concepts of the legal duty developed in the legal doctrine. In the special literature it is offered mnozhe - stvo the definitions opening the investigated category. Known spetsia - sheet in the field of N.I.Matuzov's theory of law under the legal obligation on - nimaet a kind and a measure of the state-expedient, reasonable, useful, objectively caused behaviour, called to bring an order and «umi - rotvorenie» in жизнь2. From the maintenance of the presented definition follows, that essence of the legal obligation the author sees in necessity and submission sphere. Thus necessity is understood in sense objective zako - nomernosti, expressed in the legal duty. Comparing structure juri - dicheskoj duties with right structure, the scientist comes to

To conclusion, that it «too includes four elements, namely: 1) neobho - dimost to make certain actions or to refrain from them; 2) neob -

hodimost for pravoobjazannogo persons to react on turned to it for -

1 At carrying out we in 2010 of sociological research before the patients who were on statsi - onarnom treatment in regional hospitals of the Chuvash republic, the Astrakhan and Saratov areas, had been brought an attention to the question: «What duties are assigned to the patient in the course of medical aid reception?» . Opinions of the interrogated were divided as follows: 67 % have been assured that they do not have duties before medical workers; 15 % of respondents were at a loss to formulate the answer to the brought attention to the question; 18 % interrogated recognised, that they are carriers of subjective duties. In connection with on - luchennymi answers it was offered to last group to list concrete duties, osushchestvljae - mye patients within the limits of existing public health relations. More often as those requirements on observance of regulations in hospital, to granting to the doctor to - stovernoj information on complaints to the health, the diseases transferred earlier were called. In sociological is - following 236 persons participated.

2 Matuzov N.I.actual of a problem of theory of law. Saratov, 2003. With. 285.

Horse requirements authorised; 3) necessity to bear the liability for nonperformance of these requirements; 4) necessity not to interfere kontr - to the agent to use that blessing in which relation it has the right »1.

Faithful understanding of the legal obligation result and dru - gie researchers. So, according to N.V.Vitruka, «the legal obligation is socially caused and guaranteed necessary possibility in behaviour of the person, which borders are defined by norms objective pra - va (the constitution, laws), with a view of use of the certain blessings and the prices - nostej for satisfaction both own, and public, korporativ - nyh and other requirements and interests on the basis of their unity and a combination» 2. In the text of the quoted definition is of interest used av - torom expression «necessary possibility in behaviour of the person», polo - zhennaja in a basis of an investigated category. The scientist sees essence of the legal obligation not only in formally certain requirement sover - to sew any action (inactivity), but also in subjective possibility of its execution. Inclusion of a subjective element in the legal obligation maintenance reflects is conscious-strong-willed ability of the person to follow the instructions stated in the rule of law. «From the legal point of view, - the professor continues, - the behaviour of a party liable is connected with such probably - stju which at the same time is recognised by the legislator by necessary. Juridiche - skaja the duty is possibility of the future behaviour of the subject, having necessary character from the point of view of will and the interests expressed in for - a game» 3.

The shown methodological approaches to the characteristic studied fe -

nomena allow to solve facing to the present research promezhu - an exact problem on differentiation of the legal obligation and the right acting as structural elements of a legal status of the person.

Under the maintenance the legal obligation is directly opposite sub -

1 Matuzov N.I.decree. The slave. With. 296.

2 Vitruk N.V.general the theory of a legal status of the person. M, 2008. With. 253-254.

3 Vitruk N.V.decree. The slave. With. 249.

ektivnomu to the right. If the right represents is guaranteed - nuju a measure of possible behaviour of the person the duty is characterised not - obhodimoj by possibility. The right gives the basis to demand from a party liable of certain behaviour whereas the duty assumes performance of such requirement by its carrier.

Generalising the stated judgements, it is simple to be defined with a definition of the legal obligation of the patient. The legal obligation of the patient are ordered by norms of the public health legislation a kind and a measure not - obhodimogo and subjectively possible behaviour providing a wasp - shchestvlenie of a legal status of the person, professionally engaged copper - tsinskoj or pharmaceutical practice.

The formulated definition is based on set of signs. First sign establishes, that the legal obligation of the patient before - stavljaet itself a kind and a measure of necessary behaviour of the person using uslu - gami medical or pharmaceutical character in specialised agencies of any organisation-legal form or participating in biomedical experiment as the examinee. The legal obligation basis is constituted by objective requirement for certain behaviour of the person, arisen in connection with necessity of rendering of the qualified preventive, diagnostic or medical help. Instructions by sight and a measure of due behaviour of the subject the legislator expresses qualitative and its quantitative parametres, following which promotes udovletvo - reniju interests of the authorised person. Official fastening of borders of realisation of the legal obligation gives the basis medical works - nikam in a concrete situation to expect from pravoispolnitelja ought on - conducting. Deviation from the established instructions of lawful behaviour threatens the patient with application of measures of belief or compulsion.

Second sign specifies, that a kind and a measure of necessary behaviour patsi - enta is ordered by norms of the public health legislation. Juridiche - skoe expression in the form of guarantees of discharge of duty of the patient should

To receive in the normative act regulating its legal status. Thus the volume of assigned duties should be is minimum sufficient for maintenance of realisation of the legal status of the participant zdravoohrani - telnogo relations. Their maintenances should not cause in the executor in - tellektualnyh and physical difficulties. In particular, for patients reko - menduetsja to establish duties: to give to the medical worker a trustworthy information about a state of health, transferred earlier zabole - vanijah; to inform the doctor in the course of diagnostics and treatment of illnesses on changes in a state of health; to observe recommendations of the attending physician, to follow its instructions.

Third sign connects formally proclaimed duty of a pas - tsienta with subjective possibility of its execution. Fixing legal obligations, the legislator counts on is conscious-strong-willed ability average pravoispolnitelja to operate in typical conditions definitely. Is non-standard developing situation, it is negative ska - zyvajushchajasja on possibility of the person to execute the instruction medical ra - botnika, excludes the basis to demand from the patient of fulfilment of objectively necessary actions. Negatively to influence process osushchestvle - nija duties can a heavy current of disease, socially - demographic, psychological and specific features of the person of the patient, nature force majeure, etc. Thus, subjective possibility of fulfilment of the acts affecting quality of health services, acts as the integral condition of realisation of the legal obligation of the patient.

Fourth sign explains, that ordered by norms zdravoohrani - telnogo legislations a kind and a measure of necessary behaviour of the patient obes - pechivaet realisation of a legal status of the person, is professional zanimajushche - gosja medical or pharmaceutical practice. Existing within the limits of certain legal relations, the legal obligation personifies communication of its carrier with the authorised person. A functional purpose

Legal obligations of the sick person consists in that korrespon - dirovat to rights of the persons rendering medical, psihiatriche - I will hold down or the pharmaceutical help. Performing the part of work in mehaniz - me legal regulation of public health relations, legally for - kreplennye duties induce the patient to fulfilment of the positive actions satisfying professional requirements of the authorised person. Realisation of the doctor following from the legal status or the pharmacist of the interests, provided with appropriate execution by the patient of the duties assigned to it, finally will positively be reflected in quality predo - stavljaemoj to the patient preventive, diagnostic or medical uslu -

gi.

Value of the legal obligation of the patient in frameworks zdravoohrani - telnyh relations cannot be overestimated. Legislatively issued duties of the sick person bring the contribution to the basis of the legal regime demanded for qualitative realisation medical, psychiatric or pharmaceutical activity. Reflecting objective inquiries uchastni - kov public health relations, they have positive influence on behaviour and activity of the persons receiving or rendering medical assistance. By means of the coordination of specific requirements legally fixed duties of the patient promote the decision socially znachi - myh problems on preservation and strengthening of physical and mental health of each person, elimination of the determinants generating offences in system of public health services. Legally established standard of rational behaviour of the patient provides interests not only authorised, but also most pravoobjazannogo persons.

Znachi - mye signs of the patient as the subject of public health legal relations and characterising its legal status, it is possible to present the definitive results of research reflecting most in a kind I follow - shchih conclusions:

1) the patient admits the person entered public health legal relations by means of realisation of the right for reception of service of medical or pharmaceutical character in specialised agencies of any organisation-legal form or invited for participation in biomedical experiment as the examinee. It is offered - noe the understanding of the patient as much as possible precisely reflecting objective real - nost, is based on following key signs:) in the jural significance the patient the person who has entered public health legal relations is considered; participating in public health legal relations, it re - alizuet the right for reception of service medical and farmatsevti - cheskogo character or becomes the examinee in biomedical eksperi - the cop; the person can address for reception of service of medical, pharmaceutical character in public health establishments any organi - the zatsionno-legal form;

2) it is necessary to understand system of the rights as a legal status of the patient, svo - bod, legitimate interests and duties of the person who has entered in zdravoohra - nitelnye the legal relations, promoting reception objectively neobho - dimyh services of medical, pharmaceutical character in spetsializirovan - nyh establishments and to participation in officially resolved biomedical eks - perimente as the examinee. Structural elements legal hundred - tusa the patient are its rights, freedom, legitimate interests and duties. The status of the patient acts as the objective mechanism providing reshe - nie problems on protection of the rights, freedom and interests not contradicting the law ujaz - vimogo the participant of public health relations;

3) the right of the patient is socially caused and garan - tirovannaja the state the measure of possible behaviour of the person who has entered public health legal relations concerning satisfaction of requirement for service of medical or pharmaceutical character or participation in bio - medical experiment in a role of the examinee, allowing to demand from with -

The replying expert of appropriate execution of professional functions;

4) it is offered to understand as freedom of the patient guaranteed a cart - mozhnost participations in a choice officially approved and experimental me - todov diagnostics, treatments, preventive maintenance of the illnesses which realisation obu - is caught by the reached level of development of medical practice and not protivo - rechit to the current legislation. The patient, in particular, is free in you - a pine forest of body of public health services, medical institution, the attending physician, spo - sobov and forms of carrying out diagnostic, medical, preventive me - roprijaty. Freely without external interference independently accepts re - shenie about participation in quality of object of research in medical eksperimen - those, expresses will on performance of therapeutic procedures and surgical operations, including on withdrawal of body or fabrics for transplantation retsi - pientu;

5) the legitimate interest of the patient represents socially obuslov - lennoe and guaranteed by the state in the form of legal dozvolennosti aspiration of the subject to use the blessings of the public health character, realised with a view of satisfaction of objectively necessary requirements caused by the status of the patient;

6) the legal obligation of the patient is ordered by norms zdra - voohranitelnogo legislations a kind and a measure of the necessary and subjectively possible behaviour providing realisation of a legal status of the person, professionally engaged in medical or pharmaceutical practice.

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A source: Blinov Alexander Georgievich. DOCTRINE ABOUT is criminally-right protection right Also FREEDOM of the PATIENT. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Saratov - 2014. 2014

More on topic § 1. The patient as the subject of public health legal relations and its legal status:

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  2. § 3. The public health legislation as a legal basis of realisation of the rights and freedom of the patient
  3. Terentyev Natalia Alekseevna. Problems of a legal status of the subject of public relations on an example of Bank of Russia. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow - 2017, 2017
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  5. § 1. The subject-objective analysis it is information-legal relations in public control sphere
  6. § 2. Problems of legal culture of the subject in a context of the mechanism and results of action of the status public law in Russia
  7. Legal and antilegal influence as forms of realisation of the social power in the public relations entering into a subject of the law of master and servant
  8. § 2. Development of the public health and criminal legislation providing the rights and freedom of the patient in the Soviet Russia
  9. CHAPTER 2. LEGAL REGULATION of the RELATIONS DEVELOPING In the course of FORMATION of the PUBLIC DEBT of the SUBJECT of the RUSSIAN FEDERATION
  10. CHAPTER 1 LEGAL And ANTILEGAL INFLUENCE of SUBJECTS of the SOCIAL POWER ON the PUBLIC RELATIONS ENTERING Into the SUBJECT of the LAW OF MASTER AND SERVANT: THEORETICAL ASPECTS
  11. CHAPTER 2 the ISTORIKO-LEGAL ANALYSIS of INFLUENCE of SUBJECTS of the SOCIAL POWER ON the PUBLIC RELATIONS ENTERING Into the SUBJECT of the LAW OF MASTER AND SERVANT, In Russia
  12. HEAD Z LEGAL And ANTILEGAL INFLUENCE of SUBJECTS of the SOCIAL POWER ON the PUBLIC RELATIONS ENTERING Into the SUBJECT of the law of master and servant, at the present stage
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