Labor legislation regulates labor relations in all organizations, regardless of their organizational and legal form of ownership. Relations arising from civil law contracts (assignments, copyright, contracts, etc.), the subject of which is the provision of a certain result of labor, are not regulated by labor legislation.
These relations are regulated by civil law.
In accordance with Art. 2 of the Civil Code of the Russian Federation, civil legislation determines the legal status of participants in civil transactions, the grounds for the emergence and procedure for the exercise of property rights and other real rights, exclusive rights to the results of intellectual activity ( intellectual property), regulates contractual and other obligations, as well as other property and related personal non-property relations based on equality, autonomy of will and property independence of their participants. At the same time, civil legislation does not apply to property relations based on administrative or other power subordination of one party to the other, including tax and other financial and administrative relations, unless otherwise provided by law.
Labor relations are based on the employee’s personal performance of his work duties and the latter’s subordination to the internal labor regulations of the organization.
Employees are obliged to work honestly and conscientiously, maintain labor discipline, promptly and accurately execute orders from the administration, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, and take care of the organization’s property. The requirements presented to employees can be detailed in the internal labor regulations of specific organizations, charters and regulations on discipline, collective agreements, as well as in individual employment agreements (contracts).
In case of violation of the requirements for employees and enshrined in the relevant acts, liability measures may be applied to employees: reprimand, reprimand, severe reprimand, dismissal and others.
A special type of employee liability is financial liability. The financial liability of employees is an independent liability that does not depend on the imposition of disciplinary, administrative, civil or criminal liability.
Labor legislation provides for two types of liability:
limited;
The legal basis for an employee’s financial responsibility is his obligation to take care of the property of the enterprise, institution, or organization.
According to the norms of labor legislation, financial responsibility is borne by employees who have an employment relationship with an enterprise, institution, or organization on the basis of an employment contract, regardless of the form of ownership on the basis of which the enterprise, institution, or organization was created. It may be assigned to these persons in the event of termination labor relations provided that the damage was caused by the employee during the duration of this relationship.
Material liability is assigned to the employee only if the following conditions are simultaneously met:
o direct (actual) damage;
o the illegality of the employee’s behavior that caused the damage;
o the employee’s guilt in causing the damage;
o causal connection between the employee’s action (inaction) and the damage.
Direct (actual) damage is understood as damage to cash, actually existing property through loss, appropriation, damage, decrease in value and the corresponding need of the owner (holder) to incur costs for the acquisition or restoration of property or to make excessive payments due to the fault of the employee to another entity (individual or legal entity) ).
This may include shortages, damage to material assets, repair costs, penalties for failure to fulfill obligations, amounts of fines paid, payment for forced absence and other payments.
Thus, financial liability is imposed both for damage caused to the enterprise or institution with which he has an employment relationship, and for damage caused by the employer through the fault of the employee to third parties in the event of compensation for this damage. Unlike civil law, only real damage (also called direct or actual) that the employer actually suffered is subject to recovery. In civil law, in addition to real damage, lost income that a person would have received if normal conditions civil turnover, if his right had not been violated (lost profits or lost income).
The norms of labor legislation do not provide for the recovery of lost income, i.e., profit that the employer could have received, but did not receive as a result of unlawful actions (inaction) of his employees, is not subject to recovery. In this case, disciplinary or social measures may be applied to such an employee in compliance with the rules establishing the procedure for their application.
The behavior of an employee in which he does not fulfill his job duties or performs them improperly, but duties that are directly or indirectly related to caring for material values, is recognized as unlawful. This obligation is usually specified in special acts that determine the procedure for saving, storing and using property and other material assets. These acts, in addition to laws, decrees and orders of the Government, and Presidential Decrees, also include internal regulations, job descriptions, orders and directives of the administration.
The inaction of an employee is considered unlawful if the above acts impose on the employee an obligation to perform certain actions, which he did not perform.
Damage can also be caused as a result of the employee’s lawful behavior. One of these cases is expressly established by law. This is a normal production and economic risk, in which, in the event of damage, the employee is not held liable.
The risk is considered justified, i.e. normal, if the following conditions are met:
the goal cannot be achieved through ordinary, non-risky means;
if it corresponds to the meaning of the purpose for which it is undertaken;
the possibility of harmful consequences when taking risks is always only probable;
the object of risk is material factors, and not human life and health.
In practice, lawful infliction of damage also includes cases of damage caused in a state of extreme necessity, as well as when a person has the authority to cause damage. This possibility is provided for by a number of special laws aimed at protecting public interests.
Financial liability of an employee is possible only if there is his fault and a causal connection between the employee’s act and property damage. Liability arises only if the result necessarily follows from this act (action or inaction).
Let us also note that if, under civil law, the absence of guilt is proven by the person who violated the obligation, then, as a general rule, in labor law, the obligation to prove the fact of causing direct (actual) damage lies with the administration.
With limited financial liability, the employee compensates for damage within predetermined limits. This limit, as a rule, is the average monthly earnings (provided that the amount of damage exceeds it).
In case of full financial liability, the damage is subject to compensation in full without any restrictions. Employees bear full financial responsibility if it is assigned to them by laws and government regulations, regardless of whether an agreement on full financial responsibility has been concluded with them. Full financial responsibility is assigned to the employee if he causes damage, if a written agreement was concluded with him, according to which the employee assumed full financial responsibility for failure to ensure the safety of the valuables entrusted to him.
For damage caused while not performing work duties, financial liability also arises in full. The term “not in the performance of work duties” means that the damage occurred either in free time from work, or during work, but not in connection with work duties, not during their performance. Most often in connection with the use of material assets for their personal interests, as a result of which they were broken or damaged.
Full financial responsibility is assigned to the employee even in the case where property and other valuables were received by the employee under account under a one-time power of attorney or other one-time documents.
In case of damage caused by shortage, intentional destruction or intentional damage of materials, semi-finished products, measuring instruments, workwear and other items issued by the organization to the employee for use, full financial liability also arises.
The amount of damage caused to an enterprise, institution, or organization is determined by actual losses, based on accounting data, based on the book value (cost) of material assets minus depreciation according to established standards.
Compensation for damage in an amount not exceeding the average monthly earnings of the employee is made by order (instruction) of the administration by deduction from his wages. In other cases - in court.
Compensation for damage is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for the offense that caused the damage.
The carrot and stick method, which originated in ancient times and lasted for many centuries, today is no longer considered a sufficient motivation for work. Nevertheless, it is hardly possible to build normal labor relations without the principle of reward and punishment.
This applies not only to such industries as pedagogy, politics, management. Benefits, a bonus system and at the same time fines and other punishments - who among us has not encountered such a method of influence at an enterprise or institution!
The healthcare system is no exception. On our website you can find articles talking about benefits for employees working in this area. Today I would like to talk about another topic: “Disciplinary liability of medical workers - what is it”? How does it operate in Russia, what are its forms, who has the right to impose it, etc.? We will try to answer these questions briefly in this article.
There are reasons and justifications for everything
Nobody can punish you just like that. You must understand that in Russia, as well as in other countries, certain laws apply, reflected in the relevant documents. The main one, which regulates the rights and obligations of each employee, is the Labor Code. Are you a citizen of the country? Be kind enough to learn your rights, as well as your responsibilities, defend the former and fulfill the latter.
However, the list is not exhausted by this all-Russian document. When you start working in an institution or enterprise, you will be required to fulfill the requirements placed on you. They can be reflected in charters, orders, instructions, internal regulations and in an employment contract.
You must familiarize yourself with each document and put your signature - now, if you violate them, you will be held accountable for the offense.
Misdemeanor is different
Here are a few examples to give an idea of possible violations. The simplest (and, unfortunately, most common) is being late for work. Both the employment contract and the internal regulations reflect the employee’s working hours. Arriving at work 5 minutes late and having no reason to good reasons, you may already be subject to disciplinary action.
Violations also include dishonest execution job responsibilities, simply put, poor quality work, failure to comply with management orders, coming to work drunk, refusal of certain categories to undergo examinations, for example, for HIV infection, absenteeism, etc.
Disciplinary liability, by the way, is the mildest measure against an employee. In addition to it, administrative, civil (property) and even criminal liability can be applied.
We think many people have heard the expression “medical error.” If the fact is proven and has led to serious consequences, the health worker may be subject to criminal punishment.
When they can't punish you
In everyday activities, various controversial, including conflict, situations arise. Often, the employer applies penalties against you that you do not deserve. For example, he may demand from you something that is contrary to the law.
For example, the laws of the Russian Federation provide certain rights to women with children under 3 years of age. If an employer sends such a woman on a business trip, threatening punishment and even dismissal in case of refusal, be absolutely calm: failure to comply with the order of your superiors will not affect your work activity in any way - according to the Labor Code, it is the actions of your employer that will be considered illegal.
Regarding the performance of job duties. If you were unable to complete the work through no fault of your own (the workplace was not equipped, there was a shortage of some medications, etc.), then the employer has no right to hold you accountable. To impose disciplinary liability, you must be at fault - intentionally or through negligence.
And one more point: if you do not want to take part in public events, then this is your right, they cannot punish you for this. Not everyone wants to participate in a tourist rally or amateur competition. Violation of the rules of living in a hostel can be considered by the police, but it cannot be brought to disciplinary liability for this act at work.
Do they want to fire you? It's not a fact that it will work
Let’s say right away: they can fire you, although it’s not easy to do. The list of forms of punishment is also reflected in the Labor Code. For a disciplinary offense, you may be given a reprimand, a reprimand, or in some individual cases, fired.
Before applying punishment, the employer requires an explanatory note regarding the violation. The offender has the right to tell why this happened, what mitigating circumstances there are, etc.
If the employee refuses to submit a document, a refusal report is drawn up. Since a penalty is imposed based on the fact of a violation, this fact must be recorded, otherwise the penalty can be challenged during a labor dispute.
A remark is the most minor type of penalty. As a rule, it is imposed for a single offense. A more serious type is a reprimand. If the consequences of a disciplinary offense are very serious and lead to significant damage, we may be talking about dismissal.
In fairness, it must be said that if the employee disagrees and the case of dismissal is referred to the court, the employer needs to have legal literacy and provide very serious evidence of the employee’s guilt.
Such points as the employee’s performance of labor duties in the previous period of work, the presence or absence of valid reasons, the presence or absence of other disciplinary measures must be taken into account when determining the form of punishment.
Quality is a priority
Disciplinary punishment is a forced measure. They will not resort to it if a person takes a responsible approach to fulfilling his duties, if he is a competent, qualified specialist, a fan of the common cause, an honest and caring person.
Unfortunately, the state of healthcare today leaves much to be desired. The system is experiencing not only a shortage of health workers, but also insufficient qualifications of doctors and nurses. About the free extensive system of advanced training courses that existed in Soviet time, all that remains is to remember, feeling nostalgic. And labor discipline was better in those years.
The medical worker’s misconduct became the subject of consideration by the team, which often had a stronger impact compared to other forms of punishment.
In any case, forced disciplinary measures must be resorted to in order to achieve high quality medical care. It is only important that when issuing it, all norms of the law are observed, the documents are drawn up in a legally competent manner and the situation is considered objectively. And the main thing is that it contributes to changing the attitude of the health worker to his duties and improving the quality of work.
Medical workers for non-fulfillment or improper fulfillment of their duties stipulated by labor legislation, collective and labor agreements, local regulations of medical institutions and enterprises bear disciplinary liability.
In accordance with the norms of the Labor Code of Ukraine a medical worker is obliged:
Carry out your job duties conscientiously;
Comply with the internal labor regulations of the enterprise or institution;
Maintain labor discipline;
Comply with labor protection and occupational safety requirements;
Comply with approved labor standards;
Do not cause damage to the employer’s property;
Notify the employer about situations that arise that pose a threat to the life, health of individuals, property of individuals and legal entities.
Failure by an employee to comply with these requirements is grounds for bringing him to disciplinary liability.
The labor legislation of Ukraine regulates the labor relations of medical workers of all enterprises, institutions, organizations, regardless of the form of ownership, type of activity, industry affiliation, also working under an employment contract with individuals. Medical workers are subject to the provisions of general disciplinary liability. The list of disciplinary sanctions is determined by Art. 147 of the Labor Code, which provides that only one of the following penalties can be applied to an employee for violation of labor discipline:
Rebuke,
Dismissal
However, Part 2 of Art. 147 also includes a provision on the possibility of using other disciplinary measures if they are provided for by charters, regulations on discipline, agreement, or legislation. Disciplinary sanctions include dismissal for the following reasons: according to Art. 40 Labor Code:
Systematic failure by an employee, without good reason, to fulfill the duties assigned to him by an employment contract, if disciplinary or public sanctions have previously been applied to the employee;
Absenteeism (including absence from work for more than three hours during a working day) without good reason;
Appearing at work drunk, in a state of narcotic or toxic intoxication;
Commitment of theft (including minor) of the owner's property at the place of work, established by a court verdict that has entered into legal force or a resolution of an authority whose competence includes the imposition of an administrative penalty or the use of public enforcement measures;
A single gross violation of labor duties by the head of an enterprise, institution, organization (branch, representative office, division and other separate division) (clause 2 of article 41 of the Labor Code);
Commitment by an employee of an immoral offense incompatible with the continuation of this work (clause 3 of Article 41 of the Labor Code).
The specified grounds for dismissal apply to medical workers of various medical enterprises, organizations, and institutions.
The application of penalties is carried out in compliance with the rules and procedures established by law. Yes, Art. 148 of the Labor Code provides that disciplinary sanction is applied by the owner or his authorized body immediately upon discovery of a violation, but no later than one month from the date of its discovery, not counting the time the employee is released from work due to temporary disability or is on vacation.
A disciplinary sanction cannot be imposed later than six months from the date of commission of the offense.
In accordance with Art. 149 of the Labor Code, before applying a disciplinary sanction, a written explanation must be required from the violator of labor discipline. For each violation of labor discipline, only one disciplinary sanction can be applied. When choosing the type of penalty, the severity of the offense committed and the harm caused by it, the circumstances under which the offense was committed, the medical employee’s previous place of work and other significant factors must be taken into account.
The penalty is announced in an order (instruction) and communicated to the employee against signature.
If a medical worker does not agree with holding him accountable, he can appeal the order in the manner prescribed by current legislation.
Article 151 of the Labor Code provides for the procedure for lifting a disciplinary sanction. If within a year from the date of imposition of a disciplinary sanction the employee is not subject to a new penalty, then he is considered to have not had a disciplinary sanction.
If a new violation of labor discipline is prevented and the employee properly fulfills the labor discipline, the penalty may be lifted before the expiration of one year.
Peculiarities legal regulation labor of medical workers, the application of disciplinary liability is aimed, first of all, at helping to improve the quality of the services provided medical care and services, to improve the efficiency of the healthcare system, to protect the life and health of patients, to carry out medical activities for the benefit of society.
CHAPTER 6 LABOR DISCIPLINE. DISCIPLINARY AND MATERIAL LIABILITY OF HEALTHCARE WORKERS
CHAPTER 6 LABOR DISCIPLINE. DISCIPLINARY AND MATERIAL LIABILITY OF HEALTHCARE WORKERS
Labor discipline - obligatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, local regulations, employment contracts (Article 189 of the Labor Code
RF).
The discipline of medical workers consists of their mandatory compliance with established rules and norms of behavior. The main responsibilities of employees in the organization are enshrined in the internal labor regulations, charters, regulations on discipline, regulations on structural divisions, job descriptions, as well as in the employment contract.
The employer is obliged to create the conditions necessary for employees to comply with labor discipline.
Internal labor regulations - a local regulatory act that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues of labor regulation relationship with this employer.
To date, there is no provision for the adoption of standard and sectoral internal labor regulations. These rules are adopted at the local level - in organizations independently. Typically, internal labor regulations are an annex to the collective agreement.
According to Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who in good faith fulfill their job duties (declares gratitude, gives a bonus, awards a valuable gift, a certificate of honor, nominates for the title of best in the profession). Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and discipline regulations. Employees can also be rewarded for increasing labor efficiency, improving the quality of work results, caring for entrusted property, long-term impeccable work, carrying out additional assignments and other cases of activity. Incentives stimulate the activity of employees who work more efficiently. Through local legal regulation, it is possible to establish honorary titles for employees of the organization, provide additional remuneration
vacations, payment for training in new promising professions. The employer independently determines the forms of securing additional incentives. But here it should be emphasized that the use of incentive measures is a right, not an obligation of the employer.
One of the types of rewards for citizens for high professional skills and many years of conscientious work are honorary titles of the Russian Federation. They are assigned to highly professional employees for their personal merits in accordance with the Decree of the President of the Russian Federation of December 30, 1995? 1341 “On the establishment of honorary titles Russian Federation, approval of regulations on honorary titles and description of the badge for honorary titles of the Russian Federation.” For example, Honored Doctor of the Russian Federation, Honored Lawyer of the Russian Federation, Honored Scientist of the Russian Federation, Honored Health Worker of the Russian Federation, etc. Awarded specialists are provided with appropriate above-tariff payments.
Based on Art. 63 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, medical and pharmaceutical workers have the right to ensure conditions for their activities in accordance with labor protection requirements. Occupational safety is a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational, technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures. From a legal point of view, labor protection is considered as a separate institution of labor law, which includes legal norms aimed at ensuring safe working conditions. Safe working conditions- these are working conditions under which the impact on workers of harmful and (or) hazardous production factors is excluded or the levels of their impact do not exceed established standards.
In accordance with Art. 192 of the Labor Code of the Russian Federation for committing disciplinary offense those. failure to perform or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: 1) reprimand; 2) reprimand; 3) dismissal for appropriate reasons.
Disciplinary responsibility workers is an independent type of legal liability. Clarifications on this issue were given by the resolution of the Plenum of the RF Armed Forces dated December 28, 2006? 63 “On introducing amendments and additions to the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004? 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.” The basis for imposing a disciplinary sanction is a disciplinary offense. As explained in the resolution, “this may be a violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (clause 35).”
A disciplinary offense is a type of offense committed in labor relations. Composition of a disciplinary offense includes 4 elements: subject, subjective side, object, objective side. In this case, the subject of a disciplinary offense is an employee who is in an employment relationship with the employer. The subjective side of a disciplinary offense is the employee’s guilt in any form (intention or negligence). The objective side of a disciplinary offense can be expressed in the form of action or inaction. Only such illegal actions (inaction) of an employee that are directly related to the performance of his job duties can be recognized as a disciplinary offense.
Disciplinary liability of a medical worker - this is a private version of legal liability that occurs in case of violation of labor duties. It should be especially emphasized that we are talking specifically about violation of the labor duties of a medical worker. In medical activities, which are devoted to issues of human life and health, as in no other area of public relations, aspects of responsibility must be clearly developed and defined, since offenses committed in the field of healthcare are of particular significance.
It will be illegal for a medical worker to be late for work, absenteeism, or appearing at work while intoxicated. Equally unlawful will also be refusal to execute a lawful order of the head of a healthcare institution, failure to comply with the rules for operating the relevant medical equipment, or the rules for storing narcotic and other medications.
An important feature of the legal status of medical workers regarding disciplinary liability is their kind of dual status - as employees of this particular medical institution and as doctors by profession. In other words, the professional responsibilities of medical workers are broader than their job responsibilities performed at the place of work.
The employer, before applying a disciplinary sanction, must comply with a certain procedure. First, it is necessary to request an explanation from the employee who committed the disciplinary offense. The period during which the employee can give such an explanation is 2 working days. An employee who has committed a disciplinary offense provides the employer with a written explanation explaining the reasons for the offense and the circumstances under which it was committed. An explanation is a guarantee that the penalty will be imposed lawfully. If the employee refuses to give the specified explanation, a corresponding act is drawn up. An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action. Disciplinary action is applied no later than 1 month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary
necessary to take into account the opinion of the representative body of workers. A disciplinary sanction cannot be applied later than 6 months from the date of the offense. According to Part 5 of Art. 193 of the Labor Code of the Russian Federation does not allow the application of several disciplinary sanctions for the same offense. If within a year from the date of application of the disciplinary sanction the employee is not subjected to a new disciplinary sanction, then he is considered to have no disciplinary sanction (Article 194 of the Labor Code of the Russian Federation).
Material liability employee for damage caused to the employer is regulated by Chapters 37 and 39 of the Labor Code of the Russian Federation. By agreement of the parties, a written, specific agreement on financial liability may be attached to an employment contract. At the same time, according to Part 2 of Art. 232, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher, than provided for by the Labor Code or other federal laws. Worker obliged to compensate direct actual damage caused to the employer. However, lost income (lost profits) cannot be recovered from the employee.
In accordance with Art. 11 “Regulations on the financial liability of workers and employees for damage caused to an enterprise, institution, organization”, approved by the Decree of the Presidium of the Supreme Soviet of the USSR dated July 13, 1976, written agreements on full financial liability can be concluded by a specific institution with employees (who have reached 18 years of age) holding positions or performing work directly related to the circulation of material assets. In the healthcare industry, such workers include, for example, chief and senior nurses of healthcare organizations; heads and other heads of pharmacy and other pharmaceutical organizations, departments, points, their deputies, pharmacists, technologists, pharmacists; deputy chief doctors for economic affairs, as well as sister-housewives.
According to Art. 233 of the Labor Code of the Russian Federation, the financial liability of a party to an employment contract arises for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (actions or inaction), unless otherwise provided by current legislation.
To bring an employee to financial responsibility, it is necessary to find out the amount of damage caused by him, the circumstances of the case, the form of guilt, which are established by accounting data (inventory reports, audits, etc.), materials of the official investigation, and in certain cases - materials of the criminal case or criminal case. administrative offense. The employee’s financial liability occurs if the following conditions are present: a) unlawful behavior (actions or inaction) of the causer; b) a causal connection between the unlawful act and material damage; c) guilt in committing an unlawful act (inaction).
In accordance with Art. 238 of the Code, the employee is obliged to compensate the employer for damage caused to him direct actual damage, which is understood as a real decrease or deterioration of the employer’s available property, as well as the need for the employer to make costs or excessive payments for the acquisition, restoration of property, or for compensation for damage caused by the employee to third parties.
Material liability employee for damage caused to the employer, is one of the means of protecting various forms of ownership, enshrined in Art. 8 of the Constitution of the Russian Federation. She is also an independent type of legal liability, consisting in the obligation of employees to compensate the employer for damage caused. Direct actual damage may include, for example, a shortage of monetary or property assets, damage to materials, including medical equipment, costs of repairing damaged property, payments for forced absence or downtime, and the amount of a fine paid.
The Labor Code of the Russian Federation provides for two types of financial liability of an employee for damage caused to the employer: limited and full financial liability.
Limited liability consists in the employee’s obligation to compensate for direct actual damage caused to the employer, but not in excess of the maximum limit established by law, determined in relation to the amount of wages he receives. In accordance with Art. 241 of the Code, such a maximum limit is the average monthly earnings of an employee.
Financial liability in full damage caused to the employer can be attributed to the employee only in cases expressly determined by the Labor Code of the Russian Federation or other federal laws. The list of cases of full financial liability of employees is established by Art. 243 of the Code. For example, this is a shortage of narcotic or psychotropic drugs, etc. Agreements on full financial liability are concluded according to the rules established by Art. 244 TK
RF.
It is necessary to emphasize once again that the financial responsibility of employees is an independent type of responsibility. Therefore, compensation for damage is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability.
And about one more important separate institution of labor law - the protection of labor rights of workers. The main ways to protect labor rights and legitimate interests of employees in accordance with current legislation are: state supervision and control over compliance with labor legislation; protection of labor rights of workers by trade unions and, finally, self-defense of labor rights by workers. The employer and his representatives do not have the right to prevent employees from exercising self-defense of labor rights. Prosecution of workers for using acceptable
The legislation prohibits methods of self-defense of labor rights (Article 380 of the Labor Code of the Russian Federation).
In case of individual labor dispute, those. unresolved disagreement between the employer and the employee on the application of laws and other regulatory legal acts containing labor law norms, collective agreements, agreements, employment contracts (including on the establishment or change of individual working conditions), the medical worker has the right to apply to the relevant authorities . Such bodies for consideration of individual labor disputes are special labor dispute commissions, courts of general jurisdiction, as well as magistrates.
Medical law: educational complex for universities / Sergeev Yu.D. - 2008. - 784 p.
From a legal point of view, a misdemeanor is an incorrect (illegal) act that does not have the nature of a socially dangerous action and therefore is not directly provided for by criminal law. Misdemeanors of medical workers, like all misdemeanors in general, are divided in medical law into five main types of legal liability: criminal, administrative, civil, disciplinary and material. Let us briefly look at the responsibility of medical workers for the offenses they have committed.
I. Civil liability is provided for violation of contractual obligations or for causing non-contractual property damage. It has its own characteristic features, determined by the specifics of this branch of law and the subject of its regulation. The most typical sanctions here come down to compensation by the offender for property damage and restoration of the violated right. The law also provides for the possibility of collecting a penalty in the form of a fine or penalty from the person guilty of violating contractual obligations, and this demonstrates its compensatory, legal-restorative nature.
II. Administrative liability in relation to medical workers consists of imposing a fine, confiscation of things (instruments, drugs), temporary removal from office, etc. Administrative liability follows for administrative violations. Through the institution of administrative responsibility, the norms of various branches of law (administrative, labor, economic, financial, etc.) are implemented, therefore the range of acts related to it is very numerous. The central place among them is occupied by the Code of Administrative Offences, which provides for the following types of administrative penalties: warning, fine, correctional work, administrative arrest, deprivation of a special right, deprivation of the right to engage in certain activities, confiscation, deportation, collection of the cost of the subject of the administrative offense.
III. Disciplinary liability of medical workers is expressed in the application of disciplinary sanctions to those guilty of committing a disciplinary offense (reprimand, reprimand, severe reprimand, transfer to a lower position, dismissal from work, etc.). Disciplinary liability arises as a result of the commission of disciplinary offenses. Disciplinary responsibility is carried out through officials with disciplinary power.
IV. Financial liability occurs for damage caused to an enterprise, institution, organization by workers and employees in the performance of their labor duties.
V. Criminal liability occurs for crimes and therefore represents the most severe type of legal liability. Only the presence of a criminal offense in the actions of an individual serves as the basis for the emergence of criminal liability. It is imposed by a special law enforcement act - a court verdict that determines the appropriate punishment for the act. Criminal liability directly and directly affects the personality of the offender, even if the punishment is accompanied by a restriction of his personal property rights. Criminal proceedings are carried out in a strictly regulated procedural form, ensuring the establishment of objective truth in the case and the punishment of those truly guilty.
Grounds for compensation for harm caused to the health of citizens
In cases of harm to the health of citizens, the perpetrators are obliged to compensate the victims for damage in the amount and manner established by the legislation of the Russian Federation. Responsibility for harm to the health of citizens caused by a minor or a person recognized as legally incompetent shall arise in accordance with the legislation of the Russian Federation. Damage caused to the health of citizens as a result of environmental pollution is compensated by the state, legal or an individual who caused harm, in the manner established by the legislation of the Russian Federation.
Reimbursement of costs for providing medical care to citizens who have suffered from illegal actions
Funds spent on providing medical care to citizens who have suffered from illegal actions are recovered from enterprises, institutions, organizations responsible for harm caused to the health of citizens, in favor of institutions of the state or municipal health care system that incurred the costs, or in favor of institutions private system healthcare, if treatment was carried out in a private healthcare system. Persons who jointly caused harm to the health of citizens bear joint liability for compensation for damage. When minors cause harm to the health of citizens, compensation for damage is carried out by their parents or persons replacing them, and in the event of harm to the health of citizens by persons recognized as legally incompetent, compensation for damage is carried out at the expense of the state in accordance with the legislation of the Russian Federation. The damage subject to compensation is determined in the manner established by the legislation of the Russian Federation.
Prohibition of euthanasia And. Medical personnel are prohibited from carrying out euthanasia - satisfying the patient’s request to hasten his death by any actions or means, including the cessation of artificial life-sustaining measures. A person who knowingly induces a patient to euthanasia and (or) carries out euthanasia shall bear criminal liability in accordance with the legislation of the Russian Federation.
Removal of human organs and (or) tissues for transplantation. Removal of human organs and (or) tissues for transplantation is permitted in accordance with the legislation of the Russian Federation. Law of the Russian Federation of December 22, 1992 N 4180-I “On transplantation of human organs and (or) tissues”
I. Human organs and (or) tissues cannot be the subject of purchase, sale or commercial transactions.
II. Coercion to remove human organs and (or) tissues for transplantation is not permitted.
Persons participating in these commercial transactions, the purchase and sale of human organs and (or) tissues, bear criminal liability in accordance with the legislation of the Russian Federation.
Medical secrecy. Information about the fact of seeking medical help, the state of health of a citizen, the diagnosis of his disease and other information obtained during his examination and treatment constitute a medical secret. The citizen must be assured of a guarantee of confidentiality of the information transmitted to him. Disclosure of information constituting medical confidentiality by persons to whom it became known during training, performance of professional, official and other duties is not permitted, except in cases established by parts three and four of this article. On the mechanism for ensuring the rights of citizens to the confidentiality of information about the fact of seeking medical help, about the state of health, diagnosis and other information obtained during examination and treatment, as well as informed voluntary consent to medical intervention and refusal of it in the compulsory health insurance system, see Guidelines Federal Fund Compulsory medical insurance approved by the Federal Compulsory Medical Insurance Fund on October 27, 1999. On maintaining the confidentiality of information constituting medical confidentiality, see Order of the Federal Compulsory Medical Insurance Fund dated March 25, 1998 N 30
With the consent of a citizen or his legal representative, it is permitted to transfer information constituting medical confidentiality to other citizens, including officials, in the interests of examining and treating the patient, for conducting scientific research, publishing in scientific literature, using this information in the educational process and in other ways. purposes.
Providing information constituting medical confidentiality without the consent of a citizen or his legal representative is permitted:
1) for the purpose of examining and treating a citizen who is unable, due to his condition, to express his will;
2) when there is a threat of the spread of infectious diseases, mass poisonings and injuries;
3) at the request of the bodies of inquiry and investigation, the prosecutor and the court in connection with the investigation or legal proceedings;
4) in the case of providing assistance to a minor established by part two of Article 24 of these Fundamentals, to inform his parents or legal representatives;
5) if there are grounds to believe that harm to a citizen’s health was caused as a result of illegal actions.
Persons to whom information constituting medical confidentiality is transferred in accordance with the procedure established by law, along with medical and pharmaceutical workers, taking into account the damage caused to a citizen, bear disciplinary, administrative or criminal liability for the disclosure of medical confidentiality in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. According to the resolution of the Social Insurance Fund of the Russian Federation dated May 17, 1995 N 25, when issuing documents certifying the temporary disability of citizens and other medical documents, special seals or stamps of the institution or organization are used without indicating its profile. Maintaining medical confidentiality helps to create an atmosphere of trust in the relationship between medical workers, the patient and his relatives. Any insincerity and disclosure of confidential information constitutes a disregard for the trust that health care professionals place in people who seek their help. Special meaning maintaining medical confidentiality is acquired in cases where the patient has a disease that has the status of “shameful” in the public consciousness, unfavorable for interaction with such a person (mental illness, HIV infection, etc.). As the area of use of biomedical technologies expands, information about artificial insemination, gender reassignment, and genetic characteristics begins to be considered particularly significant information that constitutes a medical secret.
Disciplinary liability of medical workers
For failure to fulfill or improper performance of duties assigned to them by labor legislation, collective and labor agreements, medical workers bear disciplinary liability. It represents the employee’s obligation to bear the punishment provided for by labor law for culpable unlawful failure to fulfill his labor duties. The basis for this type of liability is a disciplinary offense - an unlawful, culpable failure or improper performance by an employee of his or her job duties. Two groups of job responsibilities can be distinguished: duties of a general nature and responsibilities of a specific employee. The responsibilities of the first type are common to all employees, regardless of position and specialty. They are enshrined in the Labor Code of the Russian Federation (Article 21), in local regulations (Internal labor regulations of an institution or organization, Personnel Regulations, etc.) and acts of social partnership (collective agreement). The responsibilities of a particular employee are set out in job descriptions, other acts defining the rules for carrying out certain types of work, as well as in individual employment agreements (contracts). In order for the individual job responsibilities of employees to be clearly defined, they must be reflected in job descriptions, the contents of which employees must be familiarized with upon signature when concluding an employment contract or transferring to another job. Medical workers are subject to general disciplinary liability. The list of disciplinary sanctions is defined in Art. 192 of the Labor Code of the Russian Federation and is exhaustive. It includes reprimand, reprimand and dismissal on the grounds provided for by law.
Disciplinary sanctions include dismissal for the following reasons:
· repeated failure by an employee to perform labor duties without good reason if he has a disciplinary sanction (Clause 5 of Article 81 of the Labor Code of the Russian Federation);
· one-time gross violation of labor duties by an employee:
· absenteeism (absence from work for more than 3 hours during a working day) without good reason;
· appearing at work in a state of alcohol, drug or other toxic intoxication;
· disclosure of secrets protected by law;
· committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of an authority authorized to apply administrative penalties;
· violation by an employee of labor protection requirements, if this violation entailed serious consequences or created a real threat of such consequences (clause 6 of Article 81);
· committing guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer (clause 7 of Article 81);
· the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work (clause 8 of Article 81).
The dismissal of the head of an institution, organization, branch, representative office or other separate structural unit, as well as his deputies for a one-time gross violation of labor duties (clause 10 of Article 81 of the Labor Code of the Russian Federation), as well as the dismissal of the head of an organization, his deputy or chief, is considered a disciplinary sanction. an accountant in the event that they make an unfounded decision that entails a violation of the safety of property, its unlawful use or other damage to the property of the organization (clause 9 of Article 81). The listed grounds for dismissal apply in all sectors of the economy, regardless of the type of activity.
Dismissal for repeated failure to fulfill job duties, as well as for disclosing legally protected secrets (for example, medical secrets) may reflect the specifics of the activities of medical workers.
The application of disciplinary sanctions must be carried out in compliance with the rules established by law (Article 193 of the Labor Code of the Russian Federation). Before applying a penalty, a written explanation must be required from the employee. If the employee refuses to give a written explanation, a corresponding report is drawn up about this. The employee’s refusal to provide an explanation is not an obstacle to the application of a penalty. The penalty is applied immediately upon discovery of the misconduct, but no later than one month from the date of its discovery, not counting the time of illness or vacation of the employee, as well as the time required to take into account the opinion of the representative body of employees (in cases where dismissal is carried out under clause 5 of Art. 81 employees who are members of a trade union or a member of an elected trade union body, the consent of this body is required in accordance with Articles 373, 374 of the Labor Code of the Russian Federation). The penalty cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. Only one penalty can be applied for each offense. The order to impose a penalty is announced to the employee against receipt. If an employee does not agree with holding him accountable, he can appeal the administration’s order to the state labor inspectorate or the bodies for considering individual labor disputes - to the labor dispute commission or to the court. It must be borne in mind that disputes about the reinstatement of employees dismissed, including on disciplinary grounds, are considered directly in court; pre-trial procedures are not applied (Article 391 of the Labor Code of the Russian Federation).
All types of responsibility are based on the rules of social behavior. Violation of certain norms gives rise to liability, while other norms regulate its operation. Existing norms can be divided into moral (not regulated by the state), legal (regulated only by the state) and mixed (regulated by both the state and public opinion).
3.2. Legal liability of medical workers – one of the forms of social responsibility. The essence of social responsibility is the obligation of the individual to fulfill the requirements placed on him by society, the state, and people. In addition to legal, there are other forms of social responsibility in society: moral, political, organizational, public, party. Organizational and political responsibility has forms such as report, resignation, moral - condemnation by public opinion, party responsibility - exclusion from the party, etc. Taken together, all these types are intended to ensure orderliness and stability of social relations in various spheres of society, in including in the field of health care.
Legal liability is measures established by law against the offender, containing unfavorable consequences for him, applied by state bodies in the manner established by the state.
Legal responsibility, being one of the forms of social responsibility, at the same time differs from all other types in a whole range of characteristics:
1. - it always evaluates the past: this is responsibility for an action (inaction) that has already taken place, that is, legal responsibility - retrospective responsibility. In this way, legal responsibility differs from organizational, political and other types of responsibility facing the future (for example, in a resolution of a public organization it is determined that “Comrade K. is responsible for holding the event.” Here there is either organizational or political responsibility and we are talking about about the responsibility of Comrade K. in the future if this event is disrupted);
2. – legal liability is established for violation of legal requirements, and not for their implementation. Quite often you can come across cliches when they “prescribe” in bills responsibility for compliance with legal provisions: for reliable information (and this is necessary for unreliable information), for the fulfillment of contractual obligations (and this is necessary for violation, etc.);
3. – connection of legal responsibility with the state: only the state establishes the measures of this responsibility, and only state bodies implement them in a manner that is also established by the state;
4. – legal responsibility is combined with state condemnation and censure of the offender’s behavior. It is state condemnation that helps to evoke feelings that can have a significant educational impact on persons who committed an unlawful act. For example, placing a patient in mental asylum, or customs inspection of persons crossing the borders of states, or the seizure of property by its owner from a bona fide purchaser is not accompanied by condemnation or censure of these persons, although they are not entirely favorable to them.
Legal liability is characterized by the following features:
1) relies on state coercion, on a special apparatus; this is a specific form of implementation of sanctions provided for by the law;
2) occurs for the commission of an offense, is associated with public condemnation;
3) is expressed in certain negative consequences for the offender of a personal, property, organizational and physical nature;
4) embodied in procedural form.
These signs of legal liability are mandatory: the absence of at least one of them indicates the absence of legal liability and allows us to distinguish it from other legal and non-legal categories. Thus, legal liability is a legal relationship arising from offenses between the state, represented by its special bodies, and the offender , who is entrusted with the obligation to endure appropriate deprivations and adverse consequences for the offense committed, for violation of the requirements contained in the rules of law. The basis for the emergence of legal liability of medical workers and organizations is an offense expressed in non-fulfillment, improper performance of their duties for the prevention, diagnosis, treatment of diseases of persons seeking medical help. M.Yu. Fedorova points out that “the responsibilities of medical institutions and workers correspond to the rights of the patient, so we can say that the basis for responsibility is the violation of the patient’s rights.” Violations of such rights can be of a varied nature, in connection with this, attempts are being made to classify violations of the patient’s rights by type, for example: violations rights to affordable health care; violations of the right to quality qualified medical care; violation of the patient’s right to self-determination, i.e. provision of medical care without the consent of a citizen (except for cases specified in the law) or without proper registration, as well as violation of the patient’s right to refuse medical care; violation of patient information rights; violation of the patient's right to dignity, for example, non-use of pain relief, disrespectful treatment of the patient, etc.
The concept of "offense" consists of a set of features that reveal the social nature and legal form of a certain kind of act. There are four conditions that make it possible to hold a person legally liable:
1. Illegal behavior (action or inaction) of a person. Offense- the behavior of people that is expressed in action or inaction. The thoughts, feelings and desires of a person, his intellectual activity cannot be offenses if they are not embodied in certain actions and are not regulated by law. Inaction is an offense if a person was supposed to perform certain actions provided for by law, but did not do so (for example, did not provide assistance to the victim). An offense is a person’s behavior that contradicts the norms of law, that is, it is directed against those social relations that are regulated and protected by these norms (this feature is called illegality). That is, it is directed against the interests of other persons who are protected by law, but not all human interests are protected by law, so their violation is not illegal (competition, self-defense).
2. Presence of harmful consequences. Harm- an indispensable sign of every offense. The nature of the harm may vary in object, size and other characteristics, but an offense always has social harm. It can be of a material or moral nature, measurable or not, more or less significant, felt by an individual, a team and society as a whole. Offenses vary in the degree of harmfulness and therefore vary in the degree of social danger. It is by this criterion that offenses are divided into crimes and misdemeanors. The crime is characterized by a high degree of public danger, which does not exclude, however, the presence of individual administrative, labor, and civil offenses. high degree public danger.
3. Causality between unlawful behavior and harmful outcome, i.e., such a connection between them, due to which the act necessarily gives rise to harm. It is precisely to clarify the causal relationship that the actions of, say, an investigator are aimed at establishing whether this or that behavior preceded the result in time or not. In medico-legal practice, the greatest difficulty is caused by the problem of the multiplicity of reasons that led to an unfavorable result. “If an unfavorable treatment outcome is caused by the interaction of many causes, it is necessary to determine what circumstances caused the harmful outcome and what significance each of these circumstances had. If the result of improper medical treatment is the death of a patient or damage to his health, the conclusion of a forensic medical examination is important, which the court evaluates in conjunction with other evidence. If the harm was caused by several entities (for example, when the patient was first hospitalized in one hospital institution and then transferred to another and there was illegality in the actions of both institutions) and the causal relationship developed sequentially, equity may take place (and in cases provided for by law, joint responsibility" .
4. Guilt of the act , as a sign of an offense, is a person’s conscious, responsible attitude towards his actions and the surrounding reality. Moreover, the unlawful behavior of a person under circumstances that deprive him of the choice of another behavior option (self-defense) is not an offense. An illegal act becomes an offense if there is guilt. Guilt is a person’s mental attitude towards the socially dangerous act he has committed, as provided for by legal acts, and its socially dangerous consequences. The elements of guilt are consciousness and will, which form its content. This means that guilt is characterized by two components: intellectual and volitional. Various combinations of intellectual and volitional elements, provided for by law, form two forms of guilt - intent and negligence. The difference in the intensity and certainty of the intellectual and volitional processes occurring in the psyche of the subject of the crime underlies the division of guilt into forms, and within the same form - into types. Guilt really exists only in the forms and types determined by the legislator; there can be no guilt outside of them.
Criminal law considers the division of intent into direct and indirect. A crime is recognized as committed with direct intent if the person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of the occurrence of socially dangerous consequences and desired their occurrence. A crime is considered committed with indirect intent if the person was aware of the social danger of his actions (inaction), foresaw the possibility of socially dangerous consequences, did not want to, but consciously allowed these consequences or was indifferent to them.
1.Carelessness- when committing an act, the individual foresaw the onset of socially dangerous consequences, but hoped to prevent them, or did not foresee, but could and should have foreseen. Acts committed through negligence are divided in criminal law into those committed through frivolity and negligence. A crime is considered to be committed due to frivolity if a person foresaw the possibility of socially dangerous consequences of his actions (inaction), but without sufficient grounds, he arrogantly hoped to prevent these consequences. A crime is considered committed through negligence if a person did not foresee the possibility of socially dangerous consequences of his actions (inaction), although with the necessary care and forethought he should and could have foreseen these consequences.
In cases established by law, liability is provided regardless of guilt. This applies to civil liability for harm caused by a source of increased danger, which may include some objects used in the process of providing medical care: X-ray machines, radon baths, laser devices, poisonous, narcotic, potent medications, explosive and flammable substances, etc.
A. Object offenses are considered to be phenomena of the surrounding world to which the illegal act is directed. We can talk about the object of a specific offense in detail: the object of the encroachment is a person’s life, his health, the property of a citizen, organizations, the atmosphere polluted by the offender, the forest destroyed by him, etc. The most general object of the offense is law and order.
B. Subject An offense is recognized as a person who has committed a guilty unlawful act. This may be an individual or an organization. It is important that they have all the qualities necessary for a subject of law (legal capacity, legal capacity, delictual capacity).
2. Legal capacity – This is the right-based ability of a person to have subjective legal rights and obligations, that is, to be a participant in a legal relationship. Thus, legal capacity alone may be sufficient to be a party to a legal relationship. Thus, the general civil legal capacity of an individual arises at the moment of his birth, and an infant can be a participant in a civil legal relationship (for example, a legal relationship of inheritance).
3. Legal capacity- this is the ability, conditioned by law, to acquire subjective legal rights and obligations through one’s own actions (inaction), to exercise and terminate them. A type of legal capacity is delictual capacity, which is the ability of a person to bear legal responsibility (to fulfill relevant legal obligations) for committed offenses (torts).
The objective side of the offense- external manifestation of an unlawful act, its social harmful effects. It is by this manifestation that one can judge what happened, where, when and what harm was caused. The objective side of the offense is a very complex element of the offense, which requires a lot of effort and attention of the court or other law enforcement agency to establish it. The elements of the objective side of the offense are:
a) act (action or inaction);
b) illegality, i.e. contradiction to its instructions legal norms;
c) harm caused by the act, i.e., unfavorable and therefore undesirable consequences that occur as a result of the offense (loss of health, property, derogation of honor and dignity, decrease in state revenue, etc.);
d) a causal connection between the act and the resulting harm, i.e. such a connection between them, due to which the act necessarily gives rise to harm;
e) place, time, method, setting of the act.
Subjective side. It consists of guilt, motive, purpose.
The motive of the committed act is understood as the conscious motivating reasons for the act, and the goal is the result that the person committing the offense wants to achieve. These elements of consciousness represent the subjective side of the offense, which makes it possible to capture all the psychological characteristics of the act. Any illegal act, as already noted, entails legal liability. However, there are exceptions to this general rule related to the peculiarities of criminogenic social relations, when the legislation specifically stipulates such circumstances in the event of which liability is excluded. Their characteristics are given below.
4. Insanity. The inability of a person to be aware of his actions or to control them at the time of committing an offense is caused by a painful mental state or dementia. The legislator identifies two criteria for insanity: medical (biological) and legal (psychological). Medical criterion involves the following mental disorders of a person: chronic mental illness; temporary disturbance of activity; dementia; other painful mental state. Under legal criterion refers to a disorder of a person’s mental activity in which he loses the ability to account for his actions or is unable to control his actions. The lack of ability to give an account of one’s actions forms an intellectual element of the legal criterion. Also not subject to punishment is a person who committed a crime in a state of sanity, but before the court passed a verdict, he became ill with a mental illness that deprives him of the ability to account for his actions or control them.
Defense from an attack that does not involve violence dangerous to the life of the defender or another person, or the threat of such violence, is also lawful if the limits of necessary defense are not exceeded. An urgent need. This type of illegal act is permissible in cases of eliminating a danger that threatens the interests of the state, public interests, personality or rights of a given person or other citizens, if this danger could not be eliminated by other means, and the harm caused is less significant than the one prevented.
Any medical intervention in one way or another causes harm to the patient’s health. During invasive medical interventions (more often during surgical operations), a violation of the anatomical integrity of organs and tissues or their physiological functions inevitably occurs, i.e., causing bodily harm. At the same time, such an intervention, being performed for urgent reasons, i.e. to prevent a real threat to the patient’s life, and technically correct, i.e. in accordance with the provided operational technology, is not only not illegal, but is recognized as socially useful and expedient. The latter is so obvious that in practice no questions even arise regarding the legality of causing bodily harm during such interventions. A similar situation may occur with conservative treatment with some medicines, in which unfavorable side effects. Being aimed at preventing a real and actual threat to the right to life protected by law, such an intervention, causing actually less harm to the health of the patient, fully complies with the conditions of extreme necessity provided for by the Criminal Code, which excludes the criminality of such an act.
A wide variety of situations are cited in the literature as examples of extreme necessity: craniotomy on a still living fetus in order to save the life of the mother; organ transplantation from one person to another as the only means of saving the latter’s life; surgery for peritonitis in a patient with hemophilia; the impossibility of inviting a doctor of a corresponding narrow specialty, the need for which arose in the process of an operation already begun by another doctor (who is not such a specialist); the actions of a doctor who performed an abortion for life-saving reasons in inappropriate conditions (even if serious consequences occurred); carrying out any operations to save a sick or injured person in critical condition. Thus, actions committed in a state of extreme necessity are not only not a crime due to the absence of a sign of social danger, but, on the contrary, are recognized as socially useful. That is why active counteraction to the impending danger is the right of all citizens. And when providing medical care, this right becomes the responsibility of medical workers.
5. Incident- this is a fact that does not arise in connection with the will and desire of the person. An incident can be either a natural phenomenon (flood, fire), or the result of the misdeeds of other people, and even the result of