Genesis study on the systematization of administrative legislation in the field of health care in the national administrative-legal doctrine: the main stages and trends
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 1, Issue 3
Abstract
The article presents an analysis of the scientific research by domestic scientists and lawyers on the issues of systematization of administrative legislation in the field of health care. It is noted that the foundation of whole complex works that would be devoted directly to this problem is not that it allows you to speak about the existence of a gap in the scientific study of this issue. However, there are separate works on a separate issue of the aforementioned issues, which allows to distinguish not only certain stages in the study of the phenomenon of systematization of administrative legislation in the field of health, but also their features. The author conditionally distinguishes three stages of the genes of such a study, each of the stages of which is characterized by a certain feature. In particular, it is noted that the specificity of the first stage (20th-early 40’s of the 20th century) is full agreement with the peculiarity of the development of the administrative-legal science in the whole of the relevant period, namely: the absence of any thematic papers, a generalized approach to the field analysis Regulatory influence in the field of healthcare with an emphasis on the principles of state-legal regulation. The second (40-90 years of the twentieth century.) Stage, the author of which he is arbitrarily called "Soviet," differs in that his feature is that scholars-administrators, although directly the problem of systematization of administrative legislation in the field of health and they did not investigate, but nevertheless some fragmentary references were in their work in the analysis of issues of administrative legislation as a whole, the expediency of its systematization with the search for optimal types of it, with the traditional coverage of issues of improvement of the relevant legislation in the aspect of distinguishing features of the regulation of relations in the social and humanitarian sphere. And, finally, the third stage (from the beginning of the XXI century), the substantial intensification of scientific research into the problems of sources of administrative law, the system of administrative law, the systematization of administrative law, medical law and the deepening of the specialization of research into the problems of administrative and legal regulation in the healthcare sector, from the formulation of proposals for the systematization of administrative legislation in the field of health as a component of administrative legislation in general. The author considers it desirable to maintain this tendency in the future in order to form the latest scientific basis for the phenomenon of systematization of administrative legislation in the field of health care for the practical use of its resource in all its diversity of species.
Authors and Affiliations
Г. М. Сарибаєва
Keywords
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