Voluntary informed patient agreement in the system of legal and social society: statement of the problem

Bezrukov Yury Ivanovich

Consideration of awareness as a phenomenon of social reality implies its systemic understanding in the context of such phenomena as “legal awareness”, “informational meaning”, “informational perception”, “information honesty”, “special knowledge”. Analyzing awareness as a social phenomenon, the author notes that it is characterized by such cognitive characteristics, which imply a reduction in the uncertainty of knowledge about the phenomenon, knowledge of activities, actions, events, which involve many general social factors, including those that are not covered by law. The specificity of such knowledge lies not so much in the technological process of its assimilation by the individual, but primarily in the value aspect, which implies an assessment of knowledge as truthful, fair, convincing, reliable, etc. the author comes to the conclusion that awareness is not just the end result of mastering the information, as it seems at first glance, it is a state of competition among interested parties. In this case, not only facts, but also relationships are also important, and sometimes more important. The article discusses the specifics of awareness in relation to the field of medical law, in particular, on the example of the patient’s voluntary informed consent in the provision of medical services to him. The author sees at the same time some methodological defects of special knowledge, including in relation to the voluntary informed consent of the patient. Based on the consideration of the doctrine of voluntary informed consent of the patient, it is concluded that there is no moral platform of voluntary informed consent of the patient in the Russian Federation and its contradictory legal nature.

Keywords:awareness, special knowledge, voluntary informed consent of the patient, legal awareness, methodological defects of special knowledge.