Backgrounds of administrative responsibility in sphere of folk medicine

Abstract

Background. The necessity to improve the mechanisms of administrative responsibility for violating the occupation of alternative medicine, including the provision of medical care without special education, requiresa clear definition of itsgrounds. The backgrounds of responsibility have great importance in administrative and tort relations and play a leading role in their objectification. Their presence activates the administrative and tort norm, drives into action the mechanism of its application and ultimately determines the practical aspect of administrative liability as such. Despite their significance, they are not reflected in the current legislation.
Analysis of recent research and publications. In the conditions of legislative uncertainty, the doctrinal understanding of the grounds of administrative responsibility is becoming of particular importance.
The aim of the article is to createa theoretical basis for solving current problems of jurisprudence, increasing the effectiveness of the institute of administrative responsibility in the field of alternative medicine.
Materials and methods. In terms of research tasks, when writinga scientificarticle, the optimal set of general scientific and special methods of scientific knowledge, including methods: abstraction, deduction, analysis, synthesis, logical-legal, sociological, and others are used. The empirical basis of a scientific article is formedby: acts of the current legislation, statistical information, and scientific publications on administrative responsibility issues.
The results of the research. On the basis of analysis of modern scientific researches expediency of selection of four grounds is reasonable: normative, actual, legal and judicial. Normatively – the legal founding of responsibility is an array of legal norms, that is needed for qualification of act, trial of corresponding business and acceptance in her of the explained decision. What touches the actual founding, then the real fact of violation of rules of studying folk medicine is confessed in it. Basic description of the legal founding isa presence in actual encroachment of signs of composition of administrative misconduct. It becomes firmly established that it is suggested to consider the acceptance of judicial document – resolutions the judicial founding about imposition of administrative penalty. On the basis of analysis of home jurisdiction practice, the row of the problems related to determination of grounds of administrative responsibility in a sphere folk medicine is established.
Conclusion. Analysis of the grounds for administrative liability for violation of the rules of alternative medicine occupation makes it possible to state the presence of anumber of problems that complicate the process of administrative qualification and significantly reduce the efficiency of jurisdictional activity. The first steps in their direction should be the strengthening of administrative responsibility for the occupation of alternative medicineby persons, who do not have appropriate permission; specifying in administrative and tort law the features of the most common offenses in the sphere of occupation of alternative medicine; creation of an electronic database on the accounting and systematization of offenses in the field of engaging in alternative medicine.