SOME ISSUES OF LEGAL MONITORING OF CODE “ON PEOPLE’S HEALTH AND THE HEALTH SYSTEM OF THE REPUBLIC OF KAZAKHSTAN”

Abstract

In April, 2018 the staff of the Center of legal monitoring of GU "Institute of the Legislation of the Republic of Kazakhstan" carried out legal monitoring of Code on health of the people and the health system of the Republic of Kazakhstan.

The article analyzes the problematic issues of this Code on the basis of studying the practice of applying the Code on health of the people and the health system, scientific research in the field of health system, foreign experience, and materials of non-governmental organizations.

In order to improve the process of legal monitoring by employees of the Legal Monitoring Center of the State Institution "Institute of Legislation of the Republic of Kazakhstan", a working meeting was held with the participation of representatives of the authorized state body and public organizations. At the end of the meeting, the participants developed proposals and recommendations for improving the norms of the Codeon health of the people and the health system of the Republic of Kazakhstan, which were analyzed and used in the article.

Thus, as a result of the legal monitoring of the Health Code, problems have been identified in the implementation of the Health Code of the international obligations of the Republic of Kazakhstan in the field of health care, the regulation of cadaver donation based on the "presumption of consent", the implementation in subordinate regulatory legal acts of pre- and post- , and regarding the establishment of the term of a long-term contract.

The article proposes the following conclusions and proposals for solving the above-mentioned problems: in order to bring the norms of the Code into line with the rules of proper distribution practices within the framework of the Eurasian Economic Union approved by the Decision of the Council of the Eurasian Economic Commission in November 2016, it seems necessary to include in the Code the concepts of "distributor" and the requirements for them; it is necessary to consider the introduction of a certain state register in which every citizen, when reaching the age of majority, is obliged to indicate consent or disagreement on the corpse donation, and about obliging the healthcare organizations and medical workers to check in this register the wish of the deceased person for cadaver donation, close relatives who can express disagreement on cadaver donation and others.

The results of the research can be used in lawmaking work to improve the legislation of the Republic of Kazakhstan regulating the health system, as well as in scientific research in this area.