Legal transparency as a characteristic of constitutionalism of the Russian Federation and the Republic of Kazakhstan on the example of rules on the preservation of medical confidentiality

Abstract

The article addresses the issue of legal uncertainty in the rules on medical confidentiality in the Russian Federation and in
the Republic of Kazakhstan with regard to the absence of a legal definition of medical confidentiality and the list of
information constituting such confidentiality, as well as the ambiguous decision on the right of spouses, relatives and other
persons to receive information constituting medical confidentiality of a deceased patient. It is pointed out that it is necessary
to develop legislative rules in this part in order to properly respect human rights with reference to the legal positions of the
Constitutional Court of Russia, as well as the possibility to take as a basis for Russia the legal technique of building an act on
the health of the people of the Republic of Kazakhstan with the allocation in both countries of special rules on the observance
of medical confidentiality as an independent section.