Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo最新文献_第6页

Crisis and palingenesis (rebirth) of criminal law in the context of digitalization 数字化背景下刑法的危机与重生

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.301

E. Russkevich, Аndrey P. Dmitrenko, N.G. Kadnikov

{"title":"Crisis and palingenesis (rebirth) of criminal law in the context of digitalization","authors":"E. Russkevich, Аndrey P. Dmitrenko, N.G. Kadnikov","doi":"10.21638/spbu14.2022.301","DOIUrl":"https://doi.org/10.21638/spbu14.2022.301","url":null,"abstract":"The article reveals how the influence of exponential and combinatorial technological changes has led to a crisis in criminal law, expressed in the inability to perform its basic functions due to impact of a permanently dynamic external environmental. The authors highlight the following fundamental provisions that should be used when making decisions on modernizing criminal law: the emergence of a new (informational) method of committing a crime does not a priori indicate that it is more dangerous than traditional forms, but in many respects indicates the problem of social control lagging behind the development of society and changes in crime; the adaptation of norms of the criminal law to conditions of the information society should not be associated with constructing “digital twins” of traditional criminal law prohibitions; the introduction of appropriate amendments to the content of norms is justified only in cases where the adaptive capacity of criminal legislation to digital crime exhausts itself; the recognition of the use of information technologies as a qualifying feature of a crime in general must comply with the criteria for differentiating criminal liability justified in science. The article separately substantiates that the emergence of a “digital personality” will complete the beginning of the transition from the traditional criminal law of the industrial society of the 20th century to the criminal law of the digital world of the 21st century (Criminal Law 2.0). This is due to the fact that artificial intelligence and “digital personality” will fundamentally change the scope of criminal law protection.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"303 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78247621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Criminal law regulation of countering cybercrime in China: State, trends and shortcomings 中国打击网络犯罪的刑法规制:现状、趋势与不足

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.305

Guang-Xu Wang

{"title":"Criminal law regulation of countering cybercrime in China: State, trends and shortcomings","authors":"Guang-Xu Wang","doi":"10.21638/spbu14.2022.305","DOIUrl":"https://doi.org/10.21638/spbu14.2022.305","url":null,"abstract":"In modern China, cybercrime is becoming more widespread, which has given rise to the need to rethink criminal law at the basic theoretical level. It seems that when countering crimes in cyberspace, it is necessary to shift the focus of cyber-criminal law from the traditional “network-centric” to “data-oriented” and to build a system for the protecting legal benefits of “data centralism”. In addition, the expansion of the objective components of cybercrime should be moderate: certain cyber-violations cannot be qualified as “illegal entrepreneurship”, as this contradicts the principle of legality of criminal law. The content of “knowingness” as a sign of the subjective side of the crime should be rethought: it should include such different forms as: a) the presence of collusion with other persons to assist in the commission of criminal acts; b) lack of collusion between the person providing assistance and the perpetrator, but the previous one, knowing that a particular perpetrator he is going to commit a certain criminal act, provides online support and assistance to the latter; c) online help providers who only have a probable idea of the existence of criminal acts, but do not have a clear idea of the culprit and the type of behavior of criminal acts, and as such there can be no collusion with the perpetrator of criminal acts, only objectively assists the culprit’s act. The theoretical basis for identifying complicity in cybercrime should be adjusted by approving “one-sided” subjective connection. Ultimately, through systematic adjustment and rethinking of the basic theory of criminal law in this area, the gradual improvement of criminal law norms to regulate the fight against cybercrime in the era of information networks is being carried out.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"8 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78338399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Artificial Intelligence Strategy and consequences of its implementation for labour law 人工智能战略及其实施对劳动法的影响

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.101

I. Filipova

{"title":"Artificial Intelligence Strategy and consequences of its implementation for labour law","authors":"I. Filipova","doi":"10.21638/spbu14.2022.101","DOIUrl":"https://doi.org/10.21638/spbu14.2022.101","url":null,"abstract":"The rapid development of artificial intelligence in recent years has necessitated the legal regulation of new phenomena related to the introduction of artificial intelligence in practice. Scientists and politicians raised questions about the development of artificial intelligence, and about the formulation of principles and basic conditions for minimizing risks of developing artificial intelligence in the future. This discussion led to the adoption of Artificial Intelligence Strategies in countries that are leaders in economic development and countries seeking leadership, including in Russia. The Russian Artificial Intelligence Strategy for the period up to 2030 indicates development goals and the need to carry out a set of coordinated actions, including in the field of legal regulations. This Strategy involves major changes that will affect the production and services sectors, which will inevitably affect the organization of wage labor. This article presents an analysis of the provisions of this Strategy and similar foreign acts, which allows identification of key factors that can affect the transformation of the world of work and compel changes in legal regulation. This study was carried out using the following methods: formal-logical, comparative-legal methods of analysis and synthesis, methods of legal modelling and legal forecasting. The results of the study provide insights into the increasing impact of artificial intelligence technologies on the work environment, on the content of labor relations, and about the need to revise some norms of labor law to adapt it to changing reality.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"40 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81473352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Defining the employment discrimination: International labor standards and the Russian approach 界定就业歧视:国际劳工标准与俄罗斯的做法

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.413

N. Lyutov

{"title":"Defining the employment discrimination: International labor standards and the Russian approach","authors":"N. Lyutov","doi":"10.21638/spbu14.2022.413","DOIUrl":"https://doi.org/10.21638/spbu14.2022.413","url":null,"abstract":"The article contains an analysis of approaches to the definition of employment discrimination from the point of view of compliance of Russian legislation and case-law with international labor standards. The prohibition of discrimination includes ensuring equal opportunities for employees, which sometimes implies the provision of additional guarantees for certain categories of employees (affirmative action). The problem with such affirmative action norms established by law is that they themselves can be discriminatory. The courts’ qualification of discrimination is inevitably judgmental and is based both on the values of society and on the subjective opinion of the judge. In this regard, it is important to understand the boundaries between legal differentiation and illegal discrimination according to international labor standards. The article deals with certain aspects of the Russian affirmative action norms in employment which subject to debates regarding their discriminative nature. The norms concerning parental leaves granted only to male military personnel, the list of professions with harmful and dangerous working conditions prohibited for women, the restriction of dismissal of pregnant women at the initiative of the employer (in comparison with the norms on protection from dismissal of trade union activists and parents of disabled children), the ban on dismissal of elderly employees, as well as the possibility of concluding fixed-term employment contracts with them are analyzed and evaluated in the article. The article draws conclusions about the need to harmonize the approaches of the Russian legislation and case-law on these issues with international labor standards developed within the framework of the International Labour Organisation, the United Nations and the Council of Europe.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"58 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84458397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Characteristic of legal communication: Addressees of legal acts 法律传播的特征:法律行为的收件人

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.401

S. Belov

{"title":"Characteristic of legal communication: Addressees of legal acts","authors":"S. Belov","doi":"10.21638/spbu14.2022.401","DOIUrl":"https://doi.org/10.21638/spbu14.2022.401","url":null,"abstract":"While the communicative approach to the law is spread widely today, characteristic of legal communication are still purely described and weakly researched. Linguists and experts in theory of communication are not involved in discourse of legal notions and practice of law, whereas jurists are not ready to step out of this discourse. This article represents an attempt to overcome these difficulties and to find in law necessary parameters (focusing on the figure of addressee), being equipped with the methodology of communication theory. Resuming analysis of the substance and conditions of legal communication, the author concludes that recognized in the contemporary linguistic interaction model of communication with some limits are applied to the legal communication. Law does not suppose that content of legal acts (messages of legal communication) is determined solely by intention and will of addresser. Interpretation of legal acts is an important part of the mechanism of law and it needs active involvement of addressee, though unlike in communication of other types, the addressee cannot enjoy the full freedom of interpretation of text, aliened form the addresser. In law, this would raise a risk of violation the equal protection — fundamental principle of law. Addressees of legal acts are either executors or enforcers of legal prescriptions. Interpretation of enforcers tends to be coordinated and unified, leading to forming of collective enforcing addressee. Anyway, the execution of legal prescriptions is to be volitional and conscious, therefore the executors should keep the role of direct addressees as well, though their interpretation of legal acts will be subordinated to that of enforcers. The non-normative acts in the most cases (excluding non-reception one-sided deals and private applications to public authorities) have one main addressee, while the circle of potential addressees remains indefinite.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"23 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75286014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The precautionary measures clauses in indemnity insurance contract 赔偿保险合同中的预防措施条款

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.310

M. V. Kratenko, Luik Olavi-Juri

{"title":"The precautionary measures clauses in indemnity insurance contract","authors":"M. V. Kratenko, Luik Olavi-Juri","doi":"10.21638/spbu14.2022.310","DOIUrl":"https://doi.org/10.21638/spbu14.2022.310","url":null,"abstract":"Precautionary measures clauses impose on a policyholder or an insured person the obligation to perform certain acts or to refrain from certain activities until the occurrence of the insured event. Traditionally, the function of preventing negligent behavior by the policyholder is performed by rules on aggravation of risk or policyholder’s fault in the occurrence of the insured event. However, if they are ineffective, for example due to the inability to take into account the negligence in all cases (para 1 of Art. 963 of the RF Civil Code), the insurer is inclined to transfer some of the negligent acts onto the category of insurance exclusions in order not to pay compensation at all. As a consequence, the “all-or-nothing” principle prevails in resolving insurance disputes. The precautionary measures clauses, provided for in the Principles of European Insurance Contract Law (PEICL) and the legislation of Scandinavian countries (Sweden, Finland), makes it possible to reach a compromise: the insurer may consider the negligent behavior of the policyholder when paying compensation, but only insofar as it has affected the occurrence of the insured event or the amount of loss. This is more in line with the “proportionality rule”. In order to ensure the consumer rights, the authors propose to supplement insurance legislation (in particular, Chapter 48 of the RF Civil Code) with the legal institute of precautionary measures on the basis of the relevant rules of the PEICL.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83811356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Contaminated product and lifting a mandatory provisional suspension: Is there a new standard of proof in case of the All-Russian Anti-Doping Rules? 受污染的产品和取消强制性临时禁赛:在全俄反兴奋剂规则的情况下，是否有新的证据标准?

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.314

I. Vasilyev

{"title":"Contaminated product and lifting a mandatory provisional suspension: Is there a new standard of proof in case of the All-Russian Anti-Doping Rules?","authors":"I. Vasilyev","doi":"10.21638/spbu14.2022.314","DOIUrl":"https://doi.org/10.21638/spbu14.2022.314","url":null,"abstract":"The story of the possible temporary suspension of Russian figure skating star Kamila Valieva during the 2022 Olympic Games was discussed as actively as the results of the competitions. The figure skater passed a positive doping test during the competition in December 2021 but only found out about it on February 8. The Russian Anti-Doping Agency (RUSADA) applied a mandatory provisional suspension to the athlete. However, on February 9, the RUSADA Disciplinary Anti-Doping Committee, at the appeal of the skater, lifted the decision of RUSADA on suspension and the athlete was able to take part in the Olympic games. The International Skating Union, the International Olympic Committee, and the World Anti- Doping Agency (WADA) filed appeals against the Anti-Doping Committee’s decision. The Court of Arbitration for Sport denied all appeals and affirmed the decision of the RUSADA Anti-Doping Committee. The key point was the status of the skater a protected person according to the view of the WADA World Anti-Doping Code — a protected person. At the same time, the special regime for a protected person did not extend to the standard of proof. Such an athlete, like any other athlete, must prove on the basic of a “balance of probability” that a prohibited substance was entered through a contaminated product to lift a mandatory provisional suspension. In the opinion of the RUSADA Anti-Doping Committee, the athlete was able to prove a “reasonable possibility” of a prohibited substance entering her body through a contaminated product. The literal application of the norm of the All-Russian Anti-Doping Rules, in contrast to the WADA Code, is required to prove that “the violation most likely occurred due to the use of a contaminated product”. The extraordinary situation is commented on by the author.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"88 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83835826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The doctrine of civil procedure law and its importance for national judicial procedure 民事诉讼法学说及其对国家司法程序的重要性

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.208

Nikolai V. Samsonov

{"title":"The doctrine of civil procedure law and its importance for national judicial procedure","authors":"Nikolai V. Samsonov","doi":"10.21638/spbu14.2022.208","DOIUrl":"https://doi.org/10.21638/spbu14.2022.208","url":null,"abstract":"The article analyses approaches to the understanding legal doctrines that exist in legal science, in order to determine the essence of the civil procedure doctrine, to dissociate it from other related notions and to identify its importance for national judicial procedure. While using this basis, the author gives his definition of “the doctrine of civil procedure law” and gives a classification of legal doctrines. Furthermore, existing cases of the Constitutional Court of the Russian Federation and other courts using civil procedure doctrine in order to motivate their decisions are studied. A conclusion is made that there is no judge’s perception of the doctrine as a source (a form) of law and it is only used as a supplementary argument not having a decisive character and being used along with rules of logic and of common sense. Among considerable factors preventing judges from using the legal doctrine in such a capacity, the author indicates its non-compliance with conditions of legal certainty and legally binding character and the lack of a mechanism for applying doctrinal provisions to civil judicial procedure, as well as the fact that the legal doctrine tends to be dispersed in other sources of law. As a result, the author suggests regarding the doctrine of civil procedure law not as a source (a form) of law, but as a source of legal knowledge providing basis for the emergence of law in a form of legislative act, legal case or other, as a phenomenon being a theoretical and methodological basis of legal system, giving future-oriented models of court organization and civil judicial procedure, legal regulation of legal procedure in courts of general jurisdiction concerning civil cases, a phenomenon having an impact on judges’ and other civil procedure participants’ legal conscience.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82105932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Political rights and freedoms: Problems of content certainty 政治权利和自由:内容确定性的问题

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.216

M. Presnyakov

{"title":"Political rights and freedoms: Problems of content certainty","authors":"M. Presnyakov","doi":"10.21638/spbu14.2022.216","DOIUrl":"https://doi.org/10.21638/spbu14.2022.216","url":null,"abstract":"The concept of “political rights” of a person and a citizen, widely used today, is in fact far from certain, both in terms of the specific rights that it is generally customary to include in its content and in terms of the specific powers that would constitute the content of these rights. In this regard, this article analyses political rights themselves, which the author finds necessary to distinguish from human rights in the socio-political sphere. The latter include freedom of assembly, the right to petition, freedom of speech, the right to unite, etc. Considerable attention is paid to the substantive characteristics of political rights: thus, the author concludes that “participation in state affairs” although it is named as a right in the Constitution of the Russian Federation, cannot claim the role of real and current subjective public law. Transformations of classical political rights ensuring the participation of citizens in power in modern political and legal discourse are analyzed. The problematic aspects of the concept of national representation and constituent power are considered. The author concludes that even with the most adequate and authentic mechanisms for the exercise of the right to popular representation, such power never belongs fully to the people. The article justifies that the natural political right is the right to revolt (“the right to resistance”, “the right to revolution”). The natural political right of the people “to revolt” acquires the characteristic of precisely “right”, and not a bare political opportunity only if there are institutions of legitimization and subsequent legalization. As a result, the right at the present stage would be better described as the right to a legitimate rule of law.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"19 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88977899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal regulation of paramedic-obstetric centers 对产科护理中心的法律管理

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.407

Oleg A. Enikeyev, S. A. Enikeeva

{"title":"Legal regulation of paramedic-obstetric centers","authors":"Oleg A. Enikeyev, S. A. Enikeeva","doi":"10.21638/spbu14.2022.407","DOIUrl":"https://doi.org/10.21638/spbu14.2022.407","url":null,"abstract":"The article examines the problems of regulatory regulation of the legal status of paramedic and obstetric centers and the prospects for improving legislation in order to increase the availability of medical care to the rural population in Russia. The author reveals the problem of elimination of paramedic obstetric centers as structural divisions of medical institutions and offers a solution to this issue only depending on the needs of the rural population in this division. The regulation on the Ministry of health of the Russian Federation States that the Ministry is obliged to determine the requirements for the placement of medical organizations of the state health system and the municipal health system and other infrastructure facilities in the health sector based on the needs of the population, which was ignored by this Ministry. To date, there is no Federal standard for equipping paramedic and obstetric centers, which the author proposed to eliminate. The legal problems of the work of paramedic and obstetric centers include the lack of regulatory algorithms for the movement of patients and their treatment depending on the disease. In addition, it is emphasized that the diagnoses established by paramedics fall out of statistical records in the Russian Federation and are not transferred to the next level of medical care in a digital manner. The author emphasizes the lack of a unified Federal normative nomenclature of medicines to be sold through paramedic and obstetrics centers, which leads to a significant imbalance in the provision of medicines to the rural population in different regions of Russia. At the same time, the infrastructure and financing of this drug supply is not regulated. The paper highlights the danger of extending the provisions of the law on telemedicine to paramedic and obstetrics centers in the absence of financial incentives for medical workers and their overload.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89413570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0