SOME DEFECTS IN THE LABOR LEGISLATION OF MEDICAL AND PHARMACEUTICAL EMPLOYEES AND METHODS TO ELIMINATE THEM

Authors

  • Xeniya Bulatovna Olzhabayeva ЕНУ им. Л.Н.ГУМИЛЕВА

DOI:

https://doi.org/10.52026/2788-5291_2022_68_1_138

Keywords:

defects in labor law, legal gaps, methods to eliminate

Abstract

The article covers some defects in the legal regulation of labour among medical and pharmaceutical employees arising from internal inconsistency of legal norms on the status of these employees in the Code of the Republic of Kazakhstan «On public health and healthcare system» dated July 7, 2020 and departmental regulatory acts prepared in the development of this code. At that, special attention is paid to legal gaps – complete or partial absence of legal regulation of certain public relations that objectively require their regulation through legal norms. Despite the fact that many different methods of overcoming existing gaps were developed and applied in law, it is concluded that the identified gaps are eliminated by adopting a new regulatory act.
It is noted that the superficial disclosure of the legal status of the category of employees in its complete absence in the Labor Code of the Republic of Kazakhstan shows the incompleteness of the Code of the Republic of Kazakhstan «On public health and healthcare system» as a whole. Taking into account this circumstance, the provisions of Chapter 30 of this Code, in particular, the absence of norms devoted to the assessment of the mental state of medical and pharmaceutical employees; the confusion of duties with rights, were studied in detail from the position of identifying gaps.; absence of the most important restrictions in order to protect public health; incorrect definition of «medical privacy» and «secrets of a medical employee», etc. A superficial interpretation of the legal status of a pharmacist and druggist was noted, where the legislator also admitted a number of serious gaps that need to be eliminated.
As a result of the conducted research, some methods of eliminating the identified gaps are formulated.

Published

30.03.2022

How to Cite

Olzhabayeva . К. Б. . (2022). SOME DEFECTS IN THE LABOR LEGISLATION OF MEDICAL AND PHARMACEUTICAL EMPLOYEES AND METHODS TO ELIMINATE THEM. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(68). https://doi.org/10.52026/2788-5291_2022_68_1_138