ILLEGALITY AS AN ELEMENT OF DISCIPLINARY MISCONDUCT OF MEDICAL WORKERS

Abstract

 This article addresses the issue of defining illegality as an essential element of disciplinary misconduct by medical workers. The relevance of this research is underscored by the importance of legal responsibility for medical professionals in contemporary society, as the quality of medical care and the conscientiousness of healthcare workers directly impact the most precious assets of any individual – life and health.

Based on a theoretical analysis of the literature, the author concludes that the issues of medical responsibility are predominantly explored from the perspectives of criminal and civil law. However, the issues of disciplinary responsibility for medical workers are sector-specific and thus require examination through the lens of labor law norms.

The article elucidates the significance of illegality as an essential characteristic of disciplinary misconduct, establishing it in line with the legal principle of the rule of law and aligning with notions of just punishment.

The author attempts to classify disciplinary misconduct by medical workers based on the criterion of illegality. Using this classification and an analysis of judicial practices, the author proposes categorizing disciplinary misconduct into professional, performance-related, managerial (administrative), corruption-related, and ethical violations.

The study acknowledges that harm is not a mandatory element of disciplinary misconduct, influencing only the severity of the sanctions imposed rather than the grounds for disciplinary responsibility. According to the author, this approach aligns well with the deontological model of medical ethics, viewed as the obligation of medical professionals to strictly adhere to norms, requirements, and rules of professional conduct.