Borodina I.M. Medical Waste as the Object of Civil Rights
Associate Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center
of the Russian Academy of Sciences (SSC RAS)
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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. In case of non-compliance with the rules of medical waste treatment, the activity creates the risk of harming human life and health, sanitary and epidemiological conditions in general and the environment. This kind of activity is regulated by several law branches: civil, environmental and medical. The concept of medical waste, as the object of civil rights, should also include the wastes resulting from life-sustaining activity in the houses, not only in hospitals and clinics. The objects also include the services rendered during the transportation and disposal of medical waste. On the basis of existing classifications of objects, medical waste are defined as mobile ones, representing the products of human life-sustaining activity, inanimate, divisible, as the object of the transaction between the medical institutuion and the organization carrying out their recycling/disposal, as generic thing. Medical waste are defined by their volume (quantity). Besides, these waste do not form the entire object and can be transferred in parts for their further treatment at the special landfills. Upon that, the subject of economic activity is of big importance. When medical assistance is provided to a patient in a medical institution, the production of medical waste is the result of rendering medical services. Thus, the owner of the waste will be represented by the organization which renders medical services. Medical waste is the specific object of civil rights, which, in view of their harmfulness, are related to limited in turnover, that implies the special regime of their use.
Key words: medical waste, object of civil rights, rendering services, classification, license, property right to waste.
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