PROTECTION BY THE TRADE UNION OF MEDICAL WORKERS AT THE STAGES OF PRELIMINARY INVESTIGATION AND JUDICIAL REVIEW

  • A.R. Pozdeev
    • Izhevsk State Medical Academy
  • O.P. Popova
    • Udmurt Republican Organization of Trade Unions of Health Workers of the Russian Federation
  • Z.G. Shvetsova
    • Udmurt Republican Organization of Trade Unions of Health Workers of the Russian Federation
Keywords: criminal law, criminal procedure law, medical law, trade union, protection of the rights of medical workers, legal liability, medical worker, iatrogenic crime, relief fund

Abstract

An analysis of legislation affecting the possibility of trade union participation in the protection of the rights of medical workers who have been prosecuted for iatrogenic crimes has been carried out. Statistics of complaints against medical workers are given, where the Udmurt Republic was among the five leaders, which determines an increased interest in the protection of medical workers. The procedural procedure for the protection of medical personnel is not determined taking into account the peculiarities of the procedural procedure. A similar situation is observed for subjects involved in the protection of a medical worker. The article draws attention in detail to the peculiarities of the union's protection of medical workers at the stages of pre-investigation, preliminary investigation and consideration of the case in the court of first instance. A conclusion is drawn on the need to develop and consolidate institutional and legal mechanisms and develop appropriate procedures. Examples of the participation of the professional union in the protection of the rights of medical workers are given on the example of two high-profile criminal cases for the Udmurt Republic. It is proposed to supplement article 76 of the Federal Law "On the Basics of Health Protection of Citizens of the Russian Federation" dated 21.11.2011 No. 323-FZ (ed. 02.07.2021). The materials of this article are both practical and more theoretical in nature, based on its doctrinal nature and the results of its research will help to build a system of protection for medical workers at the stages of pre-investigation, preliminary investigation and consideration of the case in court.

References

Received 2021-12-27
Published 2022-01-25
Section
Jurisprudence
Pages
173-177