Defects in the legislative regulation of medical services for the patient, considered as services for the consumer

In the daily activities of medical institutions, bodies controlling the work of medical institutions, as well as judicial authorities, problems arise with the definition of medical services, which, on the one hand, is included in the list of services to the consumer, and on the other hand, has its own characteristics, which is important to resolve the issue of determining responsibility for the poor-quality provision of medical services provided to the patient. The aim of the study was to understand the regulatory and legal consolidation of the concepts of "service" and "medical service", primarily on the basis of the norms of the Law of the Russian Federation "On Consumer Rights Protection" and the Federal Law "On the Basics of Health protection of Citizens of the Russian Federation". The need for the analysis is due to errors and ambiguities inherent in legislative acts. The draft law submitted to the State Duma in March 2024, aimed at eliminating obvious inconsistencies in the provision of medical services, which in this context are proposed to be called medical care, has been critically considered. When working on the article, general and private scientific methods were used – analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms. As a result, proposals have been formulated to amend legislation according to which the relations that will arise when providing medical care to citizens both within the framework of the program of state guarantees of free medical care to citizens and when providing paid medical care should be regulated by the provisions of the Federal Law "On the Basics of Protecting the Health of Citizens of the Russian Federation", which will allow to comply with the constitutional norm, on the right of everyone to health protection and medical care.

The Constitution of the Russian Federation, human rights, health protection, medical care, medical service, a patient, service, consumer, the bill, legal disputes