Model of Legal Regulation of Interaction between Medical Workers and Parties to Medicines Circulation

This study is devoted to developing of model of legal regulation of interaction between medical workers and parties to medicines circulation, which would consider interests of the participants of interaction themselves and interests of patients as end “beneficiaries” of such interaction. The author arrives at the conclusion that model of legal regulation of interaction should be based on combination of dispositive and imperative methods of legal regulation, that provides relative freedom of choice of interaction form, on the one hand, and mitigates risks of the most socially dangerous acts of parties of interaction. In the meantime, the main purpose of legal regulation is to prevent from improper interaction, i.e. interaction that leads to conflict of interests of medical workers. To reveal improper interaction forms, the author suggests assessing of interaction from the perspective of the following principles: patients’ interests priority, transparency, reasonableness, and good faith. At the same time, for minimization of judgmental assessment, the author suggests certain presumptions, when interaction should be considered as improper. In the study, the author also proves the need for special state control and social control over interaction, conducted by professional associations and patients, as well as the introduction of special liability for improper interaction. In turn, such measures in aggregate should provide compliance with proposed rules of interaction. Key words: medical workers, parties to medicines circulation, conflict of interests, promotion of medicines