Problems of Holding Subjects of Medical Activity Responsible under Administrative Law

Abstract

Analysis of normative acts, law enforcement practice and legislative activity indicates the existence of a set of problems concerning imposition of administrative responsibility on subjects of medical activity. 

Despite the fact that Chapter 6 of the Code of Administrative Offences of the Russian Federation provides for specific elements of offences that are detrimental to the human health, subjects of medical activity are often brought to administrative responsibility for different elements. At the same time, the current Administrative Offences Code of the Russian Federation does not contain rules regarding responsibility for performing illicit medical activity. While considering the cases of imposing administrative responsibility on medical organizations, we raise questions about qualification of offenses imputed to them, which is of particular importance in view of the existing duplication of powers of supervisory bodies. Another problem arises due to the imperfection of normative documents (in particular — the procedures for rendering medical care), for non-compliance with which medical organizations are held accountable. A draft law on improving administrative responsibility in the health sector, which is being considered by the State Duma, does not offer a solution to this problem, but without sufficient justification introduces duplicative special elements of crime into the Code of Administrative Offences of the Russian Federation.