Legal Guarantees for the Proper Medical Treatment
Issues of the quality of medical care affect every person sooner or later. In this case, the law must provide the individual the proper quality control of medical aid and the compensation for damages caused by improper doctoring.
What legal instruments, mechanisms and institutions should be used at this time, what are the limits of legal intervention in the area of the professional activity of doctors – these are the issues which should be discussed. In particular, the following questions were discussed during the round table:
- Equal access to health care and its guarantees in the international and domestic law
- Interstate cooperation among nations in providing the guarantee of adequate health care
- Risk management in the medical profession
- Quality standards of medical help and their role in the mechanism of legal regulation
- The role of contracts in regulation of medical aid
- Compensation for damages caused by improper doctoring and responsibility for medical error
Deputy Dean for Research, Law Department, Saint Petersburg State University
- Akulin Igor - Vice-President of the St. Petersburg Association for Medical Law , Director of IC SOGAZ-Med, Head of the Master's Program in Medical Law, Faculty of Law of Saint Petersburg State University
- Asman Oren - Principal, International Center for Health, Law and Ethics
- Den Exter Andre - Professor of Health law, Erasmus University, Rotterdam
- Schulte Ortwin - Head of the International Affairs Unit, Federal Ministry of Health, Germany
- Senyuta Irina - Director, NGO “Foundation for Medical Law and Bioethics in Ukraine”
- Simons William - Professor of Law, University of Tartu, Leiden University
Deputy Dean for Research, Law Department, Saint Petersburg State University
He participated in multiple educational programs at universities in Europe and the USA;
2004 — 2007 — He taught at the St. Petersburg State University Faculty of Law;
Since 2004 he is a member of the St. Petersburg Election Commission with a decisive vote;
Since 2007 he is an individual member of the International Association of Constitutional Law.
From 2007 — present — he is an Associate Professor at the Faculty of Law of the St. Petersburg State University.
Specialization, Professional Interests
Constitutional law; administrative law
Merits, Awards, Achievements
The commemorative medal and certificate of the St. Petersburg Election Commission
Candidate of Legal Sciences
Publications, Research Papers
Author of many publications
Vice-President of the St. Petersburg Association for Medical Law , Director of IC SOGAZ-Med, Head of the Master's Program in Medical Law, Faculty of Law of Saint Petersburg State University
08.1973 — 08.1974 Leningrad Institute of Postgraduate Medical Experts, a neurologist — expert.
08.1974 — 10.1975 Bryansk region, medical and labour expert commission, a neurologist — expert
10.1975 — 03.1977 Kursk City Hospital #4, a neurologist
04.1977 — 11.1991 Leningrad PTO, 43 IFL number, a neurologist, since 1978. Chief medical officer.
02.1991 — 10.1991 GUZL, head of forecasting long-term planning
10.1997 — 02.1997 CG St, Petersburg, Deputy Head of the Outpatient Base Administration; since 1995 — Head of the Outpatient Base Administration
02.1997 — 02.1998 CG St. Petersburg, Deputy Chairman, Head of Primary Care and Social Assistance
04.1998 — 11.1999 North-Western State Medical University named after I. I. Mechnikov, Associate Professor, Department of Radiation Medicine
11.1999 — 06.2003 JSC “Gazprommedstrakh”, Director of St. Petersburg
06.2003 — 2010 Director of the St. Petersburg branch of JSC “SOGAZ”; still remains Director of the St. Petersburg branch of JSC “Gazprommedstrakh”
From 2010 — present, Advisor to the Vice-President — territorial director for the North-West Federal District of medicine in the insurance company SOGAZ.
From 2010 — present, Director of working with insurance companies “International Medical Center SOGAZ”
Principal, International Center for Health, Law and Ethics
Lecturer at Haifa University and Zefat Academic College (Israel). Lawyer and consultant. Lectured in over 60 international conferences and invited talks in various countries.
Since July 2010 — expert consultant to the risk management in medicine unit of the Israeli Govermental Insurance Company “Inbal”. Since July 2010 — Chair of the Section for Psychiary, Law and Ethics at the World Psychiatric Association (WPA). Since August 2010 — Treasurer of the World Association for Medical Law.
Professional interests: Bioethics, Health Law, Psychiatry and Law, Risk Management in Medicine.Author of numerous articles and scientific works on: Religious Influences on Health Law in Israel, Treatment of Sex Offenders in Israeli Prison Setting, Treatment of Sex Offenders in Israeli Prison Setting, Abortions in Islamic Countries — Legal and Religious Aspects, etc. Editor of scientific works and books.
Den Exter Andre
Professor of Health law, Erasmus University, Rotterdam
Lecturer in Health Law
Specialist in Health law, European law, Human Rights and Trade law
Publications, scientific works:
Contributions and Articles on International Treaty Law and Health Care Rights
Head of the International Affairs Unit, Federal Ministry of Health, Germany
Studied Law at universities of Munich and Bonn (Germany). In
Associate Professor at University of Chisinau, Moldova.
Professional interests: legal questions of international health relations, bilateral health relations with Russia, Central Asia and the Arab World, foreign export initiatives in healthcare.
Author of several publications on EU, WTO and international cooperation.
Director, NGO “Foundation for Medical Law and Bioethics in Ukraine”
She is a Candidate of Law (2006), dissertation thesis: “The human right to health care and legal support in Ukraine (general theoretical study)”, PhD (2007), academic rank — Associate Professor, Department of Constitutional, Administrative and Financial Law (2008).
Associate Professor of organizing and controlling healthcare, Postgraduate Faculty of Education, Lviv National Medical University.
Fields of professional interests: medical law, pharmaceutical law, alternative conflict resolution, bioethics.
She is a member of the editorial board of the legal magazine “Law of Ukraine” (2012).
President of the All-Ukrainian public organization “Foundation for Medical Law and Bioethics in Ukraine”, a member of the Advisory Board of the Committee of the Verkhovna Rada of Ukraine on Health, a member of the Public Council under the Ministry of Health of Ukraine, member of the World Association for Medical Law (WAML), a member of the Association of Ukrainian Lawyers, Chairman of the Permanent Arbitration Court at the NGO “Foundation for Medical Law and Bioethics in Ukraine”.
She participated in numerous conferences, seminars and training courses on medical law in Ukraine, Russia, Austria, Czech Republic, Lithuania, Croatia, Moldova, Turkey, France and Poland. Co-author of Ukraine’s first training program “Medical Law”, co-author and scientific editor of the programs “Medical Law of Ukraine” and “Medical and Pharmaceutical Law of Ukraine”.
Leader of international projects on medical law, in collaboration with the Open Society Institute (New York, USA), USAID, the International Fund “Revival”, ABA/ROLI.
She is a member of project groups of the Ukrainian Government.
Winner in a competition in the category of “Talented young scientist and expert” (2009).
Graduate of the program “Open World” (2009).
Editor in Chief of the national scientific and practical magazine “Medical Law” (2008).
Author of over 100 papers in the field of health law (monographs, textbooks, dictionaries, scientific articles), including publications in Russia, Poland, Czech Republic, Croatia, Moldova and Belarus. In particular, the author of Ukraine’s first book on medical law: “Medical Law: the human right to health.”
Scientific editor of the first Ukrainian translation on bioethics (complete edition of the designated issues in the world). Co-author of the textbook of Stetsenko S.G., Stetsenko V.Y., Senyuta I. J. “Medical Law of Ukraine”.
Scientific editor and co-author of a book, prepared within the project — Human rights in health: a practical guide / Bern II, Ezer T., Cohen G., Overal G., Senyuta I.
Professor of Law, University of Tartu, Leiden University
Visiting Professor: University of Tartu Faculty of Law/The Centre for EU-Russia Studies (CEURUS), 2012-.
Panel Speaker: „Tax Law and Policy: A View from Afar”, at „VIII Perm’ Forum”, The Government of the Perm’ Region and the LUKOIL Group Companies in the Perm Region, Perm’,
Panel Speaker: „Regional Competition as a Driving Force for Development”, at „Russian and International Taxation: Developments, Challenges, Solutions”, Russian-European Center for Tax and Legal Cooperation and International Tax Associates, Moscow, 27 September 2011.
Television appearance: „What are your Rights? Gun Control in Russia” (conducted in Russian), Channel 5, national television, interview, St. Petersburg, broadcast September 2011.
Television appearance: „The American Dream” (conducted in Russian), Channel 5, national television, talk show, St. Petersburg, live on 4 July 2011.
Panel Speaker: „An Overview of Developments in European Health-Care Law (delivered in Russian: „Особенности европейского законодательства об охране здоровья граждан”), at Third International Scholarly-Practical Conference („III научно-практическая конференция с международным участием ‘Медицина и право в XXI веке’”), St. Petersburg University Faculty of Law, 2 July 2011.
Panel Speaker: „Questions of Formalizing Relations with Investors and Partners” (delivered in Russian: „Вопросы оформления отношений с инвесторами/партнерами”), at Perm’ Economic Forum 2011 „Russia: 1990-2000-2010: The Way Forward?” („Россия 1990-2000-2010: Как Развиваться Дальше”?), City of Perm’, Perm’ Regional Government, LukOil Group, Kommersant Daily, Russian Federation, Perm’, 23 April 2011.
Panel Speaker: „Private Law and (Private) Rights: To Balance and Enforce”, at Second International Symposium „Civil Law and Economics 2020. Development and Harmonizing Perspectives of International Economic and Trade Legislation”, The University of Costa Rica and the Institute of Private Law (Ekaterinburg), San Jose Costa Rica, 8 April 2011.
(a) Organizing Committee Member: „Russian Law at the Crossroads: Theory, Practice and Scholarship in Contemporary Russia”, University of Helsinki Faculty of Law,
Conference Speaker: „Soft Law ... for Private-Law Folk” (delivered in Russian: „Мягкое право ... для ‘частников’”), at „Contemporary Problems in Scholarship and Practice of Entrepreneurial (Commercial) Law” („Актуальные проблемы науки и практики предпринимательского (коммерческого) права”), St. Petersburg University Faculty of Law, 19 October 2010.
Conference Speaker: „Foreign Legislative Experience in Health Care Regulation: A View from Afar” (delivered in Russian: „Зарубежный опыт законодательного регулирования частной медицины: Вид со стороны”), at „All-Russian Conference, Private Medicine and Reform of the Health-Care System” (Общероссийская конференция, „Частная медицина и реформа здравоохранения”), Association of Private Medicine, St. Petersburg, 7 October 2010.
Conference Speaker: „The Flexibility of Roman Law: A Model for Further Reforms in the European Legal Space” (delivered in Russian: „Гибкость римского права: модель дальнейших реформ в правовом пространстве Европы?”), at „International Conference: Roman Private Law and European Legal Culture” („Международная конференция, „Римское частное право и правовая культура Европы”), St. Petersburg State University Faculty of Law, 27 May 2010.
Panel Chairperson: „Foreign Investment in the Subsoils Sector”, at „Foreign Investment Law in Russia, Kazakhstan and Azerbaijan”, Institute of East European Law, Christian-Albrechts-University at Kiel, 10 April 2010.
Co-organizer (with T.Iu. Borisova): (a) Panel: „The Legal Dimension in the Cold War Interactions”; (b) Round Table: "Remnants of Cold War Policy Making over the Past Two Decades: Has There Been Peace Dividend?";Panel chairperson: The Legal Dimension in the Cold War Interactions„, (29 October); Paper-giver (with T. Borisova): „The Others and Law: Is the Legal Field Immune from Particularities in a Globalizing World?”, (30 October), at „Aleksanteri Conference 2009: Cold War Interactions Reconsidered”, University of Helsinki,
Visiting Professor: „Excellence Course. Environmental Law in Russia: A Comparative View of the EU Horizon”, University of Macerata Faculty of Law, Macerata, May 2009.
Organizing committee member: „Judicial Reform in the Russian Federation” (Moscow,
Visiting Professor: University of Trento Faculty of Law,
Conference Commentator: „Developing Russian Law II”, University of Helsinki Faculty of Law, 10 June 2008.
Conference Speaker: „The RF and EU: The Framework of Legal Cooperation”, at „Relations between the EU and RF: Legal, Political and Economic Aspects”, University of Macerata Faculty of Law, 14 March 2008.
Conference Speaker: „The Harmonization of Private Law in a Post-Civil Code Environment” (delivered in Russian: „Гармонизация частного права в пост-советском пространстве”), at X Anniversary of the Institute of Private Law, Ekaterinburg, 22 November 2007.
Commentator: „An Observer’s Notes”, at presentation of: Beyond a One-Dimensional State: An Emerging Right to Autonomy?, (Zelim A. Skurbaty, ed.), Leiden/Boston, 2005, under the auspices of a Joint European Master in Comparative Local Development for the Balkans and Other Areas in Transformation, Trento, 10 March 2005.