title: [The scope of expert competence for the evaluation of non-compliance with the requirements of the departmental normative legal acts in the course of forensic medical panel examinations concerning "medical practice" in the criminal legal procedures].
abstract: This article is devoted to the analysis of the problem of expert competence for the evaluation of non-compliance with the requirements of the departmental normative legal acts in the course of forensic medical panel examinations concerning "medical practice" in the criminal legal procedures. The approaches to the solution of his problem are exemplified by forensic medical expertise of selected cases from obstetric and gynecological practice. It is demonstrated that investigations into non-compliance events arising in the work of medical facilities must include the analysis of the departmental normative legal acts that govern the organizational and diagnostic processes. These documents should be regarded as pertaining to an additional direct object and considered to be one of the constituent elements of.the offence to be identified during forensic medical expertise. Such documents are very specific in terms of their content and can not be properly interpreted by independent specialists possessing juristic knowledge alone. Therefore, the expert judgments concerning these issues must include well-reasoned arguments and solidly established evidence of normative legal character.
authors.forename: A V
authors.initials: AV
authors.lastname: Kovalev
authors.forename: I V
authors.initials: IV
authors.lastname: Pletianova
authors.forename: V A
authors.initials: VA
authors.lastname: Fetisov
mesh_terms: D005104:Expert Testimony / Q000379:methods / Q000592:standards; D019983:Guideline Adherence / Q000331:legislation & jurisprudence*; D006176:Gynecology / Q000331:legislation & jurisprudence* / Q000458:organization & administration; D006801:Humans; D009774:Obstetrics / Q000331:legislation & jurisprudence* / Q000458:organization & administration; D016134:Organizational Policy; D010818:Practice Patterns, Physicians' / Q000331:legislation & jurisprudence; D011361:Professional Competence