ABOUT SOME PROBLEMS OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN IN THE FIELD OF HEALTHCARE
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_68Keywords:
legislation, healthcare, normative legal act, conflict of law, stability of legislationAbstract
The article is devoted to the study of some problems of the legislation of the Republic of Kazakhstan in the field of healthcare. Based on the analysis of the corresponding legislation and rule-making practice, the problems of legislation are highlighted, attention is paid to the problems of present legislation stability in the field of healthcare. The authors offer ways to improve the legislation and to ensure its stability.
At present, one of the trends in Kazakhstani legislation is the active development of normative arrays that regulate one or the other sphere of public relations. Such regulatory arrays, of course, include the legislation in the field of health care.
The adoption of the Health Code made it possible to establish the main directions for the development of legislation in the field of healthcare, to secure the rights of citizens of the Republic in this area, and guarantees for their implementation. The Health Code is intended to act as a kind of platform on the basis of which subordinate regulatory legal acts should be adopted as supplementary, but should not violate the systemic nature of sectoral legislation. However, the Health Code has not reached the required stability. In the last two years alone, changes have been made to it more than 20 times. An analysis of legislation in the field of health care shows that by-laws adopted in the development of the norms of the Health Code often unnecessarily duplicate or supplement them, sometimes go beyond the limits outlined by the Health Code. The current legislation in the field of healthcare today is numerous, but heterogeneous in the nature of the relations it regulates, which is partly due to its inconsistency. All these problems require attention and measures to be taken to solve them with the involvement of the scientific medical and legal communities.