Motorin D.E. On the Development of the Mechanism for Regulating Medical Waste

DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.28

Dmitriy E. Motorin, Postgraduate Student, Department of Constitutional and Administrative Law, Volgograd Institute of Management, Branch of the Russian Presidential Academy of National Economy and Public Administration, Gagarina St, 8, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9996-5299

Introduction: at the moment, medical waste is removed from the scope of application of the legislation on production and consumption waste. With its regulatory mechanism, the medical waste management system in practice demonstrates a clear lack of controls over the movement of waste streams. In this regard, the author aims to study the reasons and conditions for the separation of medical waste as an object of law, as well as to determine possible ways to develop legal regulation in medical waste management. Within the framework of the research, the author uses a set of methods of cognition, among which the methods of system analysis, historicism, and the comparative law method prevail. Results: as part of the study, it is found that the attempt to create a more rigid, compared to the ordinary one, system for regulating medical waste, led to a lack of legal institutions in the mechanism of the system. The author considers the scientific concepts of the development of the medical waste sphere, as well as the legislative initiative for its modernization. According to the results of the study, the author concludes that most scientific positions are reduced to the need to bring the regime of medical waste closer to the waste of production and consumption, which, in the author’s opinion, does not take into account the reasons for the isolation of the system and the specifics of the activities of medical and pharmaceutical organizations. Against this background, the initiative to create a centralized system for the management of medical waste, which, however, also needs to be improved, seems more successful. As a result, the author put forward some proposals for amendments to the bill.

Key words: medical waste, licensing, rationing, regional operator, centralized management.

Citation. Motorin D.E. On the Development of the Mechanism for Regulating Medical Waste. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 193-199. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.28

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