ÎNCĂLCAREA DIN NEGLIJENŢĂ A REGULILOR ŞI METODELOR DE ACORDARE A ASISTENŢEI MEDICALE, PRIVITĂ PRIN PRISMA DECIZIEI CURȚII CONSTITUȚIONALE NR. 44/2018
| Autor: | Vitalie STATI |
|---|---|
| Jazyk: | English<br />Romanian; Moldavian; Moldovan<br />Russian |
| Rok vydání: | 2019 |
| Předmět: | |
| Zdroj: | Studia Universitatis Moldaviae: Stiinte Sociale, Vol 0, Iss 3 (123) (2019) |
| Druh dokumentu: | article |
| ISSN: | 1814-3199 2345-1017 |
| Popis: | This study has called as unacceptable several arguments mentioned in the Decision No. 44/2018 of the Constitutional Court. It is established that the phrase “rules or methods on medical care provision” from art.213 PC RM does not meet the principles of accessibility and predictability of law, therefore it does not comply with the provisions of articles 22 and 23 of the Constitution. All rules or methods on medical care provision (within the meaning of art.213 PC RM), without exception, must comply with the principle of legality. Taking into consideration that art.213 PC RM is a split norm (incomplete, ancillary, of reference, of linkage), it can only be completed by a juridical one. With regard to the offence provided by art.213 PC RM, the objective standard is that the doctor or other medical worker must provide medical care in accordance with the normative rules or methods for granting such assistance. The lack of a normative attribute is equivalent to the lack of the objective standard itself, which excludes the application of art.213 PC RM. The expert's opinion cannot in any way compensate for the gaps regarding the regulatory framework in the field of medical care provision. The issue with the partial regulation of the medical field is that it must not be solved by deregulating art.213 PC RM. There is a better solution: all documents containing rules or methods on medical care provision (within the meaning of art.213 PC RM) must be approved by orders of the Ministry of Health, Labour and Social Protection and published in the Official Gazette of the Republic of Moldova. |
| Databáze: | Directory of Open Access Journals |
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