PROBLEMS OF IMPLEMENTATION OF PROVISIONS OF ARTICLE 41 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION CONCERNING RENDERING MEDICAL SERVICE

The implementation of the constitutional rights of citizens declared by Article 41, rests on the problems associated with the judicial proceedings on the provision of medical services. In 2007, the report on the grant of the American Association of Justice has already given arguments for and against, inflamed discussions, which then cover Europe and other states. However, in the domestic literature we find only comments and research on this issue. It is necessary to create mechanisms that are not burdened with contradictions between law and bioethics, in the process of protecting medical organizations and doctors in conflicts with insurance organizations and patients about the provision of medical services. The article analyzes the provisions of international law and practical experience; the provisions of the current Russian legislation on mediation and arbitration; the experience of the NMP. The authors propose an algorithm that allows to discuss, propose and resolve complex conflicts from the point of view of medical law and under the condition of bioethical approach. It should be emphasized that there is a need for discussion on the consideration of disputes between patients and doctors about the provision of medical services in specialized medical courts.