Дарья Федорова
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Правовое положение сотрудников государственной системы здравоохранения предлагается приравнять к правовому положению профессиональных категорий граждан, в отношении которых предусмотрен особый порядок государственной защиты их прав, свобод, здоровья и жизни. Речь идет о военнослужащих, сотрудниках и служащих органов МВД России, ГПС МЧС России, учреждений и органов уголовно-исполнительной системы, войск национальной гвардии РФ, органов принудительного исполнения РФ. Законопроект1, предполагающий дополнение Федерального закона от 21 ноября 2011 г. № 323-ФЗ «Об основах охраны здоровья граждан в Российской Федерации» указанными положениями, внесен в Госдуму депутатами Федотом Тумусовым и Александром Терентьевым.
В соответствии с документом правовой статус предлагается применять в отношении медицинских сотрудников государственной системы здравоохранения в части ужесточения административной и уголовной ответственности за их оскорбление, причинение вреда их здоровью, нанесение телесных повреждений, смерти, при исполнении ими своих должностных обязанностей, в официально установленное рабочее время, либо в нерабочее время в соответствии с указанием непосредственного руководителя. Также предусматривается закрепление условия о предоставлении гарантии на оказание медикам бесплатной правовой поддержки (предоставление специализированного юриста, адвоката).
В пояснительной записке к проекту федерального закона отмечается особая социальная значимость системы здравоохранения, в том числе в связи с нарастающими в современном мире угрозами пандемического, химико-биологического и техногенного характера. По мнению инициаторов законопроекта, это свидетельствует о том, что задачи современной медицины все более отчетливо приобретают функцию обеспечения национальной безопасности и становятся фактором геополитической конкурентоспособности России.
Стоит отметить, что Правительство РФ не поддержало идею повышения статуса медицинских работников. В соответствующем отзыве на законопроект говорится о том, предлагаемые нововведения выходят за рамки предмета правового регулирования Федерального закона от 21 ноября 2011 г. № 323-ФЗ «Об основах охраны здоровья граждан в Российской Федерации». Кроме того, подчеркивается отсутствие статистических данных и анализа правоприменительной практики, свидетельствующих о необходимости приравнивания служебной деятельности, осуществляемой медицинскими работниками, к деятельности, осуществляемой сотрудниками правоохранительных органов и военнослужащими.
Напомним, на настоящий момент права медицинских сотрудников и меры их стимулирования регулируются общими нормами трудового законодательства, а также ст. 72 Федерального закона от 21 ноября 2011 г. № 323-ФЗ «Об основах охраны здоровья граждан в Российской Федерации».
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1 С текстом законопроекта № 1173861-7 «О внесении изменений в Федеральный закон «Об основах охраны здоровья граждан в Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы (https://sozd.duma.gov.ru/bill/1173861-7).
Russian
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