The sanitary and epidemiological well-being of the population is ensured by a set of legal norms aimed at preventing, detecting and suppressing the harmful effects of environmental factors on humans and creating favorable living conditions for them.
By the resolution of the specialized Administrative Court of Aktobe dated May 04, 2012, which was left unchanged by the ruling of the Aktobe Regional Court dated May 24, 2012. He was found guilty of violating regulatory legal acts in the field of sanitary and epidemiological welfare of the population, as well as hygienic standards, which caused harm to human health, being the head of the Department of traumatology of the branch "Railway Hospital of Disaster Medicine" of JSC "A". The protest of the Deputy Prosecutor General raises the issue of the cancellation of these judicial acts and the termination of the proceedings in connection with the absence of F. the composition of an administrative offense. According to paragraphs 1.1, 2.16, 2.29 of the job description approved by the director of JSC "A", in coordination with the trade union committee, the head of the traumatology department manages the work of medical personnel, all diagnostic, therapeutic, preventive and administrative work of the department entrusted to him, takes measures to prevent nosocomial infections, conducts 1 every two weeks together with the senior nurse makes rounds of the department in order to study the sanitary condition. The supervisory judicial board upheld the decision of the specialized administrative court of Aktobe, the ruling of the Aktobe Regional Court in respect of F., who was brought to administrative responsibility under part 2 of Article 323 of the Administrative Code, and dismissed the protest on the following grounds. The court correctly stated that the sanitary and epidemiological welfare of the population is ensured by a set of legal norms aimed at preventing, detecting and suppressing the harmful effects of environmental factors on humans and creating favorable living conditions. The very fact of violating established norms and rules poses a threat to human life or health, as well as the threat of the occurrence and spread of diseases. The court reliably established that during the inspection conducted by the State Institution "Aktobe Departmental Department of Sanitary and Epidemiological Supervision of Transport of the Department of the Committee for State Sanitary and Epidemiological Supervision of Transport", conducted in connection with the report of a postoperative complication of patient L., it was established that violations of the disinfection regime and the quartz regime were detected in the department, and the excess of the permissible level of contamination was confirmed air pollution, mold and yeast fungi have been detected.
The sanitary and epidemiological well-being of the population is ensured by a set of legal norms aimed at preventing, detecting and suppressing the harmful effects of environmental factors on humans and creating favorable living conditions for them.
These and other facts of violations listed in the inspection report are not actually disputed, and since the head of the traumatology department is responsible for carrying out medical and preventive work and taking measures to prevent nosocomial infections, F. was subject to administrative responsibility for the offense provided for in part 2 of Article 323 of the Administrative Code. The arguments set out in the protest about the guilt of other persons not subordinate to F., who should be responsible for the identified violations, cannot be considered convincing if there is a duty of the head of the department to carry out medical and preventive work and take measures to prevent nosocomial infections.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
