Right to medical secrecy and qualified legal assistance

A.R. Davletshin

Kazan Federal University, Kazan, 420008 Russia

E-mail: ayrat.d.001@gmail.com

Received December 5, 2016

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Abstract

The paper is devoted to analytical review of the existing legislation and practice on the subject of protected confidential information regarding medical secrecy. We have performed a comparative legal research on the regulations of the Federal Law no. 323-FL of November 21, 2011 “On the Basis of Public Health Protection in the Russian Federation” and the Federal Law no. 63-FL of May 21, 2002 “On Legal Practice and Advocacy in the Russian Federation”. The judicial practice concerning legal possibility of the lawyer to demand the necessary information for rendering of the qualified legal aid has been analyzed. Conclusions have been made on the need to consolidate special powers of the representative in the power of lawyer, including the authority to obtain information relating to the confidentiality of the client. The situation concerning the provision of legal assistance to a medical institution and the disclosure of medical secrets of the patient has been investigated. It has been proved that such information can be shared with the lawyer, because it is part of the agreement for legal assistance.

Keywords: medical secrecy, lawyer's request, legal assistance, protected confidential information

References

1. Kapustina M.A. The Practice of Application of Legislation on Protection of Medical Secrecy. Available at: http://www.monitoring.law.edu.ru/kategorii_del/medicinskoe_pravo/praktika_ primeneniya_zakonodatelstva_ob_ohrane_vrachebnoj_tajny/index.html. (In Russian)
2. Kuranov V.G. Methods of Protection of Medical Secrecy in the Civil Process. Arbitrazhnyi i Grazhdanskii Protsess, 2014, no. 9, pp. 37–42. (In Russian)
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5. Effects of Changes on Efficiency. EZh-Yurist, 2016, July 15, no. 27. (In Russian)

For citation: Davletshin A.R. Right to medical secrecy and qualified legal assistance. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 401–409. (In Russian)

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