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Proof and Evidence in Cases Involving Compensation for Damage Caused to Health or Life of a Citizen as a Result of the Use of Drugs for Medical Use

Author

Listed:
  • Yury SVIRIN

    (Department of Civil Law and Process Academy of Labor and Social Relations Moscow Russia)

  • Alexandr MOKHOV

    (Department of Business and Corporative Law Moscow State Law University of Kutafin MSAL Moscow Russia)

  • Vladimir GUREEV

    (Department of Civil Procedure All Russian State University of Justice Law and Bailiff Organization Moscow Russia)

  • Irina ANDROSOVA

    (Department of Foreign Languages No 2 Plekhanov Russian University of Economics Moscow Russia)

  • Sergey SHESTOV

    (Department of Economics and Management Institute of Economics and Law Academy of Labor and Social Relations Sevastopol Russia)

  • Anna SHILOVSKAYA

    (Russian State Social University RSSU Moscow Russia)

Abstract

The relevance of the investigated problem is caused by the ambiguous contradictory jurisprudence in cases involving compensation for damage caused to health or life due to the use of drugs In this connection there arose a need of analysis of both the evidence examined by the court in resolving the above mentioned categories of cases and the proof process itself This article aims to identify and disclose the general laws in proving the damage caused by drugs This paper examines the evidence used in civil proceedings for compensation for damage caused by drugs the necessity of securing of evidentiary presumption of guilt of a medical organization or manufacturer of medicines in the law it also argues the duty of a medical institution or drug manufacturer to prove malice of the patient with caused bodily harm

Suggested Citation

  • Yury SVIRIN & Alexandr MOKHOV & Vladimir GUREEV & Irina ANDROSOVA & Sergey SHESTOV & Anna SHILOVSKAYA, 2017. "Proof and Evidence in Cases Involving Compensation for Damage Caused to Health or Life of a Citizen as a Result of the Use of Drugs for Medical Use," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 8(1), pages 250-260.
    • Handle: RePEc:srs:jarle0:v:8:y:2017:i:1:p:250-260
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