Improving the Regulatory Framework in the Field of Preventive Medicine as a Factor of Public Health Safety

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY Russian Journal of Criminology Pub Date : 2021-11-25 DOI:10.17150/2500-4255.2021.15(5).533-542
V. Burlakov, Vladislav F. Shchepelkov, N. Diveeva
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Abstract

In 2020, within the framework of the RFBR grant «Legal and Criminological Problems of Preventive Medicine», the first stage of the study on criminological risks in the field of preventive medicine (hereinafter referred to as PM) was conducted and its results were published. It was found that corruption risks are the main threat to criminological security in the field of PM. This article presents the results of a new study, which is a continuation of the work under the designated RFBR grant. The anti-corruption expertise of a number of legal acts regulating relations in the field of PM showed that they create significant prerequisites for corruption during preventive medical examinations, and as a result, a decrease in the safety of public health. The analysis of the results of the discussion of draft departmental regulations on the official government website, as well as the results of a survey of medical professionals, lead to the same conclusion. An analysis of the totality of the results obtained in the course of the study suggests that the current model of organizing preventive medical examinations is largely the result of lobbying on the part of medical organizations that receive income from PM, including corruption lobbying. The authors come to the conclusion that the organization of preventive medical examinations should be put under effective public control, and adjustments should be made to the anti-corruption expertise of draft normative legal acts on preventive medical examinations: medical specialists should be involved in such expertise and preliminary sociological studies should be conducted to establish the acceptability of the projected legal regulation for the participants in the relations.
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完善作为公共卫生安全因素的预防医学领域的监管框架
2020年,在RFBR资助“预防医学的法律和犯罪学问题”的框架内,进行了预防医学领域(以下简称PM)犯罪学风险研究的第一阶段,并发表了研究结果。研究发现,腐败风险是刑事司法安全面临的主要威胁。本文介绍了一项新研究的结果,该研究是指定RFBR资助下工作的延续。关于管理公共卫生领域关系的一些法律行为的反腐败专门知识表明,这些法律为预防性医疗检查中的腐败行为创造了重要的先决条件,从而降低了公共卫生的安全性。对政府官方网站上部门规章草案讨论结果的分析,以及对医疗专业人员的调查结果,得出了同样的结论。对研究过程中获得的总体结果的分析表明,目前组织预防性医疗检查的模式主要是医疗机构从PM那里获得收入的游说结果,包括腐败游说。提交人得出的结论是,预防性医学检查的组织应置于有效的公共控制之下,并应调整预防性医学检查规范性法律草案的反腐败专门知识:医学专家应参与这种专门知识,并应进行初步的社会学研究,以确定参与这种关系的各方对预计的法律规定的可接受性。
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来源期刊
Russian Journal of Criminology
Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
14
期刊介绍: Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.
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