ADMINISTRATIVE LEGAL PERSONALITY OF A MEDICAL WORKER

Abstract

The article describes the features of the implementation of the administrative legal personality of a medical worker. The methodological basis of the article is the general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal-logical, normative-dogmatic, sociological methods. The expediency of understanding the category of administrative tortiousness of a medical worker as a rule of administrative law, which determines the extent of a medical worker's competence (a set of rights and duties), for the implementation of which, in fact, he will bear responsibility. It was determined that the conceptual problem of administrative legal personality (as a legal phenomenon) and related legislative dilemmas is the absence of a positive norm in the legislation that would reveal its content similar to the definition applied to civil legal personality. It is proposed to divide the rights of medical workers into: constitutional rights (respect for honor and dignity, equal rights of every person (equality), the right to freedom and personal integrity, freedom of thought and speech, etc.), general rights of medical workers (the right to proper conditions of professional activity; the right to mandatory insurance at the expense of the owner of the health care facility in case of harm to their life and health in connection with the performance of professional duties; the right to legal protection, etc.) and special rights medical workers (the right to engage in medical activities in accordance with the specialty and qualifications; free choice of approved forms, methods and means of activity, implementation in the established order of modern achievements of medical and pharmaceutical science and practice, etc.). At the same time, a classification of the duties of medical workers according to the scope of medical practice into: general professional duties of medical workers and special duties of medical workers is proposed.