On some controversial aspects of the legal regulation of a new category of administrative cases on the protection of the interests of a minor or a person recognized as legally incapable in the event of the refusal of the legal representative from medical intervention necessary for saving lives (Chap

In connection with the introduction of Chapter 31.1 to the PF Administrative Procedure Code (RF APC), the author of the article investigates questions related to the medical organization's use of the right to apply to the court with a statement in protection of the interests of minors or persons recognized legally incapable if their legal representatives refuse from medical interference for them. The methodological basis of the research is the general and special methods of research (historical, comparative legal, of dialectical cognition, formal-logical method of law interpretation and method of system analysis). The author states that the novels generated some disputed issues. Thus, a shortened review period for the category of administrative cases under study (Part 1 of Article 285.3 of the RF APC) is not sufficient to resolve the issue of protecting the interests of minors (incapable persons) in the event of the refusal of legal representatives from medical intervention necessary to save their lives. It is therefore suggested to give the right to decide the question of medical interference to save lives of minors (incapable persons) exceptionally on the basis of the order of the head doctor of a medical institution, issued on the basis of the conclusion of a doctor's consultation, but not on the basis of the will of the legal representative of a patient. The author also paid attention to the absence of a medical organization's obligation to apply to the court for obtaining a court sanction for medical intervention. It generates the situation of non-responsibility of a medical organization that has not applied to a court in the event of a lethal outcome when legal representatives refused from medical intervention. The question of the necessity for a medical organization to apply to the court in case of every subsequent refusal of the legal representative from medical interference necessary to save life is still unsettled. What if medical interference sanctioned by the court will require measures the court decision has not provided for? In addition, Part 5 of Article 20 of the federal law "On the bases of healthcare of citizens in the Russian Federation" only considers situations related to medicare necessary for the rescue of the life of a child (an incapable person). At the same time, medicare can be needed to maintain health, prevent the development of some pathological processes, etc. The problems educed during the research can serve as a vector for further perfection of the mechanism of the court's consideration of administrative cases related to the necessity of the court's decision on medical interference.

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