Article 5220

Title of the article

THE INSTITUTION OF POSTHUMOUS MEDICAL CONFIDENTIALITY FROM THE LEGAL POINT OF VIEW OF THE RUSSIAN CONSTITUTIONAL COURT 

Authors

Sintsov Gleb Vladimirovich, Doctor of the juridical sciences, professor, sub-department of private and public law, Penza State University (40 Krasnaya street, Penza, Russia), E-mail: g_sintsov@mail.ru
Feoktistov Danil Evgen'evich, Candidate of juridical sciences, associate professor, sub-department of private and public law, Penza State University (40 Krasnaya street, Penza, Russia), E-mail: d_e_f@bk.ru 

Index UDK

349 

DOI

10.21685/2072-3016-2020-2-5 

Abstract

Background. The article is devoted to the analysis of the institution of posthumous medical confidentiality in the health legislation of the Russian Federation. The issues of ensuring access to medical information and medical documentation by the spouse, close relatives of the deceased patient, other interested (authorized) persons are investigated in the context of the legal points of view of the Russian Constitutional Court.
Materials and methods. In the article, an analysis of scientific literature on the topic of research was carried out.
Results. The Russian Constitutional Court has established rules to ensure access to posthumous medical confidentiality (medical documentation) of the patient to interested persons, while calling on the legislator to specific regulatory and legal improvement of this institution.
Conclusions. The legal regime of posthumous medical secrecy has received significant changes and additions, and not from the side of general courts or the legislator, but through the legal positions of the Russian Constitutional Court. It seems that these legal points of view will serve not only as a guide for the legislator, but also allow medical organizations, providing access to the medical records of interested (authorized) persons, to observe the regime of posthumous medical confidentiality without violating it. 

Key words

medical confidentiality, posthumous medical confidentiality, medical documentation, the Russian Constitutional Court 

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References

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Дата создания: 17.09.2020 11:20
Дата обновления: 17.09.2020 11:52