Научно-практический рецензируемый журнал
"Современные проблемы здравоохранения
и медицинской статистики"
Scientific journal «Current problems of health care and medical statistics»

Диагностика и профилактика преждевременного старения

Организация здравоохранения

LEGAL AND REGULATORY FRAMEWORK FOR PROVIDING FIRST AID IN CARDIAC ARREST BY TEACHING EMPLOYEES IN THE RUSSIAN FEDERATION

L. I. Dezhurny1, А. А. Birkun2,3, A. Yu. Zakurdaeva1
1. Central Research Institute for Health Organization and Information System Development of the Ministry of Health of the Russian Federation, Moscow
2. Medical Academy named after S. I. Georgievsky of V. I. Vernadsky Crimean Federal University, Simferopol
3. State Budgetary Healthcare Institution of Republic of Crimea «Crimean Republican Center of Disaster Medicine and Emergency Medical Services», Simferopol
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Summary:
Introduction. High level of mortality in out-of-hospital cardiac arrest (OHCA) is mainly attributable to the inability of bystanders to provide first aid (FA) early and correctly. In the Russian Federation, teaching employees are generally incompetent in FA and not ready for giving necessary help in a critical situation, that is, particularly, due to inadequate legal and regulatory framework in the field of organisation of FA provision. Aim. To analyse active statutory and regulatory enactments of the Russian Federation, which regulate the provision of FA in OHCA by teaching employees, and to define preferred directions for improvement of the legal regulation in this field. Material and methods. We used juridical information online-systems Garant and ConsultantPlus to find and analyse statutory and regulatory enactments of the Russian Federation and decisions of general jurisdiction courts in accordance with the aim of our study. Results. Legislation of the Russian Federation involves the fundamental principles of legal regulation in the field of organisation of FA provision, in particular, in OHCA: rights and duties to provide FA and liability for refusal to provide FA are defined, and mechanisms of protecting laypeople from legal liability in cases of unintended infliction of harm to the victim when giving FA are established. However, with regards to provision of FA by teaching employees, the existing system of legal regulation in Russia has a number of significant organisational defects. In particular, the duty to provide FA does not spread to all teaching employees without limitations, but only to instructors of physical education and instructors of handicraft lessons; whereas in local regulations on safety management of educational institutions the duty is set at the discretion of an employer. Therefore, the applicability of existing measures of negative legal stimulation for teaching employees is limited. The Civil Code of the Russian Federation allows a liability of people who give FA in cases of unintended infliction of harm to a victim. Notwithstanding that the federal legislation institutes a duty to learn FA for all teaching employees, thus far, conditions of the training and frequency of retraining are not legislated, criteria of appropriateness of the training and procedures of surveillance of training quality are not established. Conclusions. The revealed set of shortages of the existing system of legal regulation in the field of organisation of FA provision in Russia can significantly decrease motivation and readiness of teaching employees to provide FA in cases of OHCA and in other critical conditions. There is a demand in optimisation of the legal and regulatory framework of the Russian Federation with regard to legal designation of conditions for the FA training and frequency of retraining, establishment of procedures of the training quality control and assurance, as well as exclusion of the liability in cases of unintended infliction of harm to a victim when giving FA.
Keywords circulatory arrest, death, cardiopulmonary resuscitation, teacher, educator, student, scholar, school, statutory regulation, organisation of first aid, provision of first aid by teaching employees.

Bibliographic reference:
L. I. Dezhurny, А. А. Birkun, A. Yu. Zakurdaeva, LEGAL AND REGULATORY FRAMEWORK FOR PROVIDING FIRST AID IN CARDIAC ARREST BY TEACHING EMPLOYEES IN THE RUSSIAN FEDERATION // Scientific journal «Current problems of health care and medical statistics». - 2021. - №1;
URL: http://healthproblem.ru/magazines?textEn=596 (date of access: 21.06.2024).

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