PROBLEMATIC ISSUES OF CLASSIFYING ADMINISTRATIVE OFFENSES IN THE FIELD OF MEDICAL LICENSING

Administrative liability is a fairly effective tool in existing legal relations, provided it is applied correctly. The purpose of administrative liability is to prevent the unlawful behavior of participants in administrative legal relations, which is ensured by the fair imposition of administrative punishment on guilty persons while respecting its fundamental principles. Obtaining a license is a prerequisite for carrying out medical activity. Taking into account the specifics of the organization of the healthcare system in Russia, both the activities of public (state and municipal) and private medical organizations are subject to licensing. The licensing requirements for all participants in the legal relationship are identical. The essence of the medical services provided is also identical. The difference is expressed in the form of a source of financial support for the activities of medical organizations, which entails the choice of various organizational and legal forms of established medical organizations, the specifics of their taxation, and various administrative fines for violating licensing requirements. It is the difference in the amount of penalties imposed that is the subject of research in this scientific article. As a result of the analysis, it was found that public medical organizations are subject to stricter administrative liability than private medical organizations for similar licensing violations, which contradicts the fundamental principle of equality before the law. In this regard, options for resolving this issue are formulated, as well as possible risks of their implementation are indicated. The problem of qualification of a licensing offense in the field of medical activity is also analyzed, depending on the entity that monitors compliance with mandatory rules in the field under study.

administrative liability, classification of an offense, licensing, medical activity, administrative punishment, measures of state coercion, unlawful behavior, principles of administrative liability, liability of medical organizations, equal- ity before the law

Gorovenko S. V., Zolnikova N. E. Problematic issues of classifying administrative offenses in the field of medical licensing. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;2(71):261—267. DOI: 10.25683/VOLBI.2025.71.1321.