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TYPE
Original Research
PAGE NO.
7-16
10.37547/tajmei/Volume07Issue02-02
OPEN ACCESS
SUBMITED
06 December 2024
ACCEPTED
08 January 2024
PUBLISHED
10 February 2025
VOLUME
Vol.07 Issue02 2025
CITATION
Rejametova Irada Ikramshikovna, & Djumashev Alisher Nishanbayevich.
(2025). Regulatory and legal aspects of first aid in international legislation
and in the republic of Uzbekistan. The American Journal of Management
and Economics Innovations, 7(02), 7
–
16.
https://doi.org/10.37547/tajmei/Volume07Issue02-02
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Regulatory and legal
aspects of first aid in
international legislation
and in the republic of
Uzbekistan
Rejametova Irada Ikramshikovna
University of Public Safety of the Republic of Uzbekistan, Candidate of
Pedagogy, Associate Professor, Uzbekistan
Djumashev Alisher Nishanbayevich
Senior Lecturer, University of Public Security of the Republic of Uzbekistan
Abstract:
The article analyzes the reasons that reduce
the frequency of first aid to victims. In accordance with
the current legislation of the Republic of Uzbekistan, the
issues of determining the rights, duties and
responsibilities in the provision of first aid are
considered. Particular attention is paid to foreign
experience of legal regulation in the field of first aid.
Keywords:
First aid, legislation of the Republic of
Uzbekistan,
right,
duty,
legal
responsibility,
international law.
Introduction:
Global changes taking place in the
modern world are accompanied by an increase in
natural, man-made and social hazards, an increase in
the number of accidents and sudden illnesses, and the
number of deaths is also increasing. As a result, the role
of first aid is increasing, which is of particular
importance in acute respiratory and circulatory
disorders, clinical death, when death can occur within 3-
6 minutes, and the arrival of an ambulance, even in
countries with a developed emergency medicine
system, requires about 10-20 minutes of minimum time.
Thus, the provision of first aid to the victim is extremely
important and relevant in conditions of extreme time
shortage, when the victim may die before the arrival of
medical workers.
The solution to this problem could be timely and proper
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first aid by eyewitnesses of the incident, which would
significantly increase the victim's chances of survival.
However, as practice shows in Uzbekistan, at present,
first aid to victims at the scene of an accident in critical
situations, such as respiratory arrest and cardiac
activity, is practically not provided. Once again, please
note that we are not talking about a banal injury when
I scratched the skin and smeared the wound site with
green paint, but about a serious injury or illness
accompanied by respiratory and circulatory arrest. As
a rule, in such situations, eyewitnesses of the incident
are limited to calling an ambulance or independently
deliver the victim (patient) to the nearest medical
institution,
without
observing
the
rules
of
transportation, which further aggravates his situation.
The object of the study is first aid.
The subject of the study
is the regulatory and legal
aspects of first aid in international legislation and in the
Republic of Uzbekistan.
The purpose of the study
was to identify the causes
leading to a low rate of first aid and to analyze the
regulatory aspects of first aid in international
legislation and in the Republic of Uzbekistan
To do this, the following tasks were set:
1. Conduct a sociological survey on this issue among
cadets of the University of Public Security.
2. To analyze the regulatory framework of the Republic
of Uzbekistan on the definition of rights, duties and
responsibilities in the provision of first aid.
3. Consider the regulatory and legal aspects of first aid
in international legislation.
METHODS
One of the important conditions for first aid in
Uzbekistan is adequate regulatory and legal regulation.
To this end, more than 100 regulatory documents of
the Republic of Uzbekistan that are possibly related to
the problems of first aid, as well as materials on
Internet sites containing information on first aid in
international legislation, were studied.
Both general scientific methods (analysis, synthesis,
system approach) and private legal methods
(comparative legal and formal legal) were used for the
study.
RESULTS AND DISCUSSIONS
According to the conducted sociological survey, among
the cadets of the University of Public Safety, the total
number of interviewed cadets was 214 people, the
main reasons why citizens are not ready to provide first
aid are (it was possible to name 2 or more reasons, the
answers are similar in meaning, we combined into
groups):
1. Lack of confidence in their knowledge and practical
skills or their complete lack of 206 cadets (96.3%).
2. Fear of legal responsibility and loss of time (fear of
harming the victim, fear that the victim may die due to
the fault of the person providing assistance, the need to
justify that mistakes were made when providing
assistance, relatives the victim and the victim himself
may well demand compensation for the harm to health
caused during the provision of assistance) 184 cadets
(86%).
3. Psychological barrier (panic, fear of the sight of a
“dead” person, severe
trauma and blood, it is difficult to
force yourself to perform artificial ventilation to a
stranger, especially if he had vomiting, to touch his
div) 179 cadets (83.6%).
4. Irresponsibility, indifference to fellow citizens 115
cadets (53.7%).
5. Fear of contracting any disease in contact with the
victim 88 cadets (41.1%).
6. I am not obliged to help the victim should be provided
by specialists 32 cadets (15%).
7. Lack of first aid 24 cadets (11.2%).
8. Fear of critical remarks from relatives or eyewitnesses
of 18 cadets (8.4%).
As the sociological survey shows, one of the important
factors that reduce the frequency of first aid to victims
is the fear of legal responsibility and the subsequent loss
of time for «disassembly» in the event of the death of
the victim or the occurrence of complications in the
process of first aid. When it comes to first aid, many
eyewitnesses of an accident face a number of questions:
«Do I have the right to provide first aid if I am not a
medic?», «Will I be responsible if I harm the victim?»,
etc.
Let‘s consider these and other frequently asked
questions of citizens about first aid and try to answer
them in accordance with the current legislation of the
Republic of Uzbekistan defining the rights, duties and
responsibilities in providing first aid or everything that
an ordinary citizen needs to know about first aid in
questions and answers.
1. Question: who has the right and who is obliged to
provide first aid to victims?
To answer this question, we will give a legal concept of
what is a right and what is a duty.
Legal law is a measure defined by law of the possible
behavior of a participant in this (specific) legal
relationship of the bearer of this right. A synonym for
subjective law [24].
A legal obligation is a measure of the proper behavior of
the subject of a legal relationship provided for by law or
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by agreement of the parties. The legal obligation is
characterized by categoricality. It is the imperiously
prescribed (necessary) behavior of the subject of the
legal relationship [25].
To put it in simple words, the right is what is possible,
allowed, but not necessarily. And duty is what you
need to do, regardless of your desire.
Let‘s return to our question, namely to its first part:
who has the right to provide first aid? There is no
definite answer to this question. No document of the
Republic of Uzbekistan defines the rights and
responsibilities of a person who does not have a
medical education for providing or not providing first
aid. It follows from this that any citizen, with
appropriate training, has the right to voluntarily
provide first aid. As well, it may not provide it. No
responsibility for failure to provide first aid can be
applied to him, unless, of course, he is charged with the
duty of providing first aid or if he himself has not put the
victim in a critical position.
Consider the second part of the question: who is
required by law to provide first aid? The law establishes
the obligation to provide first aid to persons who, due
to the peculiarities of their profession, may be the first
to be at the scene of an accident with the injured.
Among ordinary witnesses of the incident, the duty to
provide first aid is assigned to drivers involved in an
accident (paragraph 13 of the Traffic Rules). The
categories of persons who, in accordance with
regulatory documents, are required to provide first aid
are shown in table 1.
Table 1.
Categories of persons who, in accordance with regulatory documents, are required to
provide first aid
Categories of
persons
First aid conditions
Legal basis
Medical and
pharmaceutical
workers
In all cases, citizens who are
in a helpless state.
- Article 30 of the Law of the
Republic of Uzbekistan No. 265-
I of August 29, 1996 «On the
protection of citizens‘health».
Employees of
enterprises and
organizations,
including
managers
- Conducting instruction and
training of workers on labor
protection, part of which is
training in first aid methods.
- In case of sudden illness at
the place of work or in case of
an accident.
- Article 215 of the Labor Code
of the Republic of Uzbekistan;
- Article 221 of the Labor Code
of the Republic of Uzbekistan;
- Article 25 of the Law of the
Republic of Uzbekistan No. 410
dated September 22, 2016 «On
Labor Protection»;
- Article 6 of the Law of the
Republic of Uzbekistan dated
September 10, 2008, No. 174
«On compulsory State social
insurance
against
industrial
accidents
and
occupational
diseases»;
- Resolution No. 263 of the
Cabinet of Ministers of the
Republic of Uzbekistan dated
September 15, 2014 «On further
improvement of measures for the
protection of workers‘ labor»;
- item 8, item 28 of the Standard
Regulation of the Ministry of
Labor of the Republic of
Uzbekistan «On the organization
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of training and testing of
knowledge on labor protection»,
registered by the Ministry of
Justice
on
14.08.1996,
registration No. 272
Military
personnel
(employees) of the
National Guard.
- Victims at the scene of a
crime,
an
administrative
offense or the scene of an
incident, as well as citizens
who are in a helpless state.
- Citizens who have received
bodily injuries as a result of the
use of physical force, special
means or firearms.
- Article 27, article 28 of the Law
of the Republic of Uzbekistan
dated November 18, 2020 No.
647 «On the National Guard of
the Republic of Uzbekistan»
Employees of the
internal affairs
bodies
- Victims at the scene of a
crime,
an
administrative
offense or the scene of an
incident, as well as citizens
who are in a helpless state.
- Citizens who have received
bodily injuries as a result of the
use of physical force, special
means or firearms.
- Article 16, Article 21 of the Law
of the Republic of Uzbekistan
No. 407 dated September 16,
2016
«On
Internal
Affairs
Bodies»
Rescuers
In emergency situations.
- Article 23 of the Law of the
Republic of Uzbekistan No. 195
dated December 26, 2008 «On
the rescue service and the status
of a lifeguard»
Military
personnel of the
State Security
Service of the
President of the
Republic of
Uzbekistan
To a person to whom physical
force, special means, cold steel
or firearms were used.
- Article 23 of the Law of the
Republic of Uzbekistan dated
July 6, 2021, No. 700 «On the
State Security Service of the
President of the Republic of
Uzbekistan»
Military
personnel of the
State Security
Service
Citizens who have received
bodily injuries as a result of the
use of physical force, special
means or firearms.
- Article 25 of the Law of the
Republic of Uzbekistan dated
April 5, 2018, No. 471 «On the
State Security Service of the
Republic of Uzbekistan»
Customs officials
Citizens who have received
bodily injuries as a result of the
use of physical force, special
means or firearms.
- Article 9, paragraph 6 of the
Law
of
the
Republic
of
Uzbekistan dated October 18,
2018, No. 502 «On the State
Customs Service»
Employees of fire
protection,
emergency
When
extinguishing
fires,
during
emergency
rescue
operations.
- Article 30 of the Law of the
Republic of Uzbekistan No. 265-
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services, transport
organizations
I of August 29, 1996 «On the
protection of citizens‘ health»;
Drivers of vehicles
In case of a traffic accident.
- Article 23 of the Law of the
Republic
of
Uzbekistan
of
August 19, 1999, No. 818-I «On
Road safety»;
- Resolution of the Cabinet of
Ministers of the Republic of
Uzbekistan dated April 12, 2022,
No. 172 «On approval of traffic
rules»
Citizenry
In emergency situations and
during military operations.
- Article 16 of the Law of the
Republic of Uzbekistan No. 824-
I of August 20, 1999 «On the
protection of the population and
territories from natural and man-
made emergencies»;
- Article 14 of the Law of the
Republic of Uzbekistan No. 80-II
of May 26, 2000 «About civil
protection»;
- Resolution of the Cabinet of
Ministers of the Republic of
Uzbekistan dated September 9,
2019, No. 754 «On improving the
procedure for preparing the
population
for
actions
in
emergency situations and in the
field of civil protection»
- Resolution of the Cabinet of
Ministers of the Republic of
Uzbekistan dated 08/26/2020 No.
515 «On further improvement of
the state system of prevention and
action in emergency situations of
the Republic of Uzbekistan»
As can be seen from the above regulatory documents,
the duty to provide first aid is assigned to special
services employees who are in the performance of
their official duties and only in specific situations. For
example: when an accident occurs at work, at the place
of duty; when extinguishing a fire; during emergency
rescue operations, when using physical force, weapons
by law enforcement officers. These employees, who
witnessed the incident and are not in the performance
of their official duties, based on the fact that they have
the appropriate training, have the right to provide first
aid.
In addition, according to the law “On the protection of
the population and territories from natural and man-
made emergencies” and the law “On Civil Protection”,
citizens of Uzbekistan, that is, all of us, are obliged to
study first aid techniques [8, 21, 22] and be able to
provide first and other assistance to victims [9].
Therefore, the study of first aid techniques and the
ability to provide this assistance is currently relevant for
each of us.
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The next question is what will happen to an eyewitness
of the incident who did not provide first aid to the
victim, i.e. is there responsibility for persons who do
not provide first aid?
As already mentioned, there are no legal
consequences for ordinary eyewitnesses and
witnesses of the incident, who are not required to
provide first aid. If the person obliged to provide first
aid did not provide this assistance (but had the
opportunity to do so), then there is a significant risk of
bringing such a person to criminal responsibility under
article 116 (Improper performance of their
professional duties) or under article 117 (Leaving in
danger) of the Criminal Code of the Republic of
Uzbekistan. As can be seen from Articles 116 and 117
of the Criminal Code of the Republic of Uzbekistan, the
subject in these crimes is not any person, but first of all
the one who is obliged to provide first aid.
It often happens in practice that, despite the first aid
provided, the victim dies or the case ends with harm to
the victim. And this gives rise to new questions, first of
all, the question of legal liability and the conditions for
exemption from it. For example, what threatens the
person providing first aid in case of an unfavorable
outcome (injury, death of the victim)?
The question is certainly serious. In Uzbekistan, there
are no legal norms on exemption from liability in case
of harm to life and health in the process of first aid. As
a result, many people who find themselves at the
scene of an accident often do not provide it precisely
because of fear of legal responsibility and other
punishments for its unfavorable outcome.
Let‘s try to answer this question as follows. It is well
known that the most important of human rights is the
right to life. Attention to human life, health and dignity
is one of the main criteria for the level of development
of any society. The ancient Greek thinker and
philosopher Protagoras, who still lived in the V century
BC, said that: «Man is the measure of all things».
Article 3 of the Universal Declaration of Human Rights
adopted by the United Nations on December 10, 1948
states: «Everyone has the right to life, liberty and
security of person» [1].
Article 24 of the Constitution of the Republic of
Uzbekistan is consonant with article 3 of the
aforementioned Declaration, which states: «The right
to life is an inalienable right of every person.
Encroachment on it is the gravest crime» [2]. Thus, the
State is responsible for the life and health of its citizens
and is the guarantor of its protection and security. And
if so, then any actions aimed at preserving human life
should be fully encouraged. In this case, first aid is
those necessary actions that are aimed at preserving a
person's life and health before providing him with
emergency medical care.
Let us now consider this issue from the point of view of
criminal and administrative legislation.
According to article 38 (Extreme necessity) of the
Criminal Code of the Republic of Uzbekistan:
«An act that has caused harm to the rights and interests
protected by laws, committed in a state of extreme
necessity, that is, to eliminate the danger that
threatened the person or the rights of this person or
other citizens, the interests of society or the state, is not
a crime, if the danger under these circumstances could
not be eliminated by other means and if the harm
caused is less significant than prevented» [3].
Unintentional infliction of harm during first aid to a
victim who has fallen into a critical condition falls under
the signs of an act committed in a state of extreme
necessity.
Similarly, the extreme necessity is interpreted by the
Code of the Republic of Uzbekistan on Administrative
Responsibility (Article 19) [4].
A similar norm exists in the Civil Code of the Republic of
Uzbekistan, article 988 (Causing harm in a state of
extreme necessity):
«The harm caused in a state of extreme necessity, that
is, to eliminate the danger threatening the harmer
himself or other persons, if this danger could not be
eliminated by other means under the circumstances,
must be compensated by the person who caused the
harm, except in cases provided for by law.
Taking into account the circumstances under which such
harm was caused, the court may impose the obligation
of its compensation on the third person in whose
interests the harm caused acted, or exempt both this
third person and the harmer from compensation in
whole or in part» [5].
Thus, according to the Criminal Code, the Code of the
Republic of Uzbekistan on Administrative Responsibility
and the Civil Code, the critical condition of a person
should be considered as directly threatening his
personality and as a basis for releasing the person who
provided first aid from responsibility for any harm
caused to the victim.
The next question is: can I be held accountable for
improper first aid?
This question can be answered in the same way as the
previous question. A person's life is priceless and any
attempt to preserve this value is put above a possible
mistake in the course of first aid, as it gives a chance for
survival. And yet, according to Article 9 (The Principle of
culpable responsibility) of the Criminal Code of the
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Republic of Uzbekistan: «A person is liable only for
those socially dangerous acts in which his guilt will be
proved, in accordance with the procedure established
by law» [3]. Article 24 of the Criminal Code of the
Republic of Uzbekistan indicates that «An act is
recognized as innocent if the person who committed it
did not realize, should not have and could not have
realized the socially dangerous nature of his act or did
not foresee its socially dangerous consequences and,
according to the circumstances of the case, should not
and could not foresee them» [3]. It follows from these
articles, in case of an unfavorable result of first aid,
such actions will relate to an "incident", that is, an
accidental action that has external signs of an offense,
but devoid of an element of guilt, and therefore not
punishable [26]. One more important circumstance
should be noted. Currently, in Uzbekistan there has not
been a single case of bringing to legal responsibility for
unintentional harm during first aid.
Considering the issues of legal responsibility in the
provision of first aid, it should also be noted the
question of encouragement: does the legislation
provide for «incentives» for the provision of first aid?
In case of a court decision on bringing a person to
responsibility for causing harm to life or health, first aid
to the victim may be taken into account as a
circumstance mitigating punishment (article 55 of the
Criminal Code of the Republic of Uzbekistan; article 31
of the Code of the Republic of Uzbekistan on
Administrative Responsibility). In addition, first aid can
help to reduce the consequences of injury and even
save lives, respectively, the victim will be qualified for
a lesser severity of harm.
Let‘s now consider how this problem has been solved
in international legislation. Let‘s pay attention to two
important aspects of the legislation of different
countries in the field of first aid:
I. The presence of the obligation to provide first aid.
II. Protection of first aid providers.
I. The presence of the obligation to provide first aid.
The obligation to provide first aid is absent in most
English-speaking countries (USA, Canada, Australia,
Great Britain, New Zealand, etc.) and a number of
other countries (Argentina, UAE, Albania, Austria,
Tajikistan, Estonia, Ukraine, etc.). However, exceptions
are separately stipulated in which a person is obliged
to provide first aid, for example:
- Employees of special services (for example, police
officers, firefighters, medical workers are required to
provide first aid to victims).
- If there is guilt in creating a life-threatening condition
(for example, the driver of a car that ran over a
pedestrian, a law enforcement officer who used a
weapon, etc.).
- If there are legal relations with respect to the victim
(most often
–
with respect to children and the
incapacitated, the employer with respect to his
employees, if an accident occurred at work, the hotel
owner in front of his guests, the spouses with respect to
each other).
- The obligation to continue to provide first aid after the
start of rendering.
- The obligation of the owner of the territory, if the
victim is within its limits.
Duty to provide first aid. This implies the obligation to
provide first aid to any victim (including an unfamiliar
one) to the extent of the available capabilities (at least
–
calling the special services), provided there is no threat
to the assistant himself.
This obligation exists in the legislation of many
European countries, such as: Andorra, Belgium,
Bulgaria, Hungary, Germany, Greece, Denmark, Iceland,
Spain, Italy, Czech Republic, Finland, France,
Netherlands, Norway, Poland, Portugal, Serbia, Finland,
France, Switzerland, as well as: Israel, USA: Minnesota
and Vermont, Tunisia, Brazil, Canada: Quebec, Australia:
Northern Territory, etc.
In Germany, there is a legal obligation to provide first
aid. «Unterlassene Hilfeleistung» (failure to provide
assistance) is a crime; citizens are obliged to provide first
aid, and are not subject to jurisdiction if it, being
provided with good intentions, has caused harm.
Canada, Quebec. In the Canadian province of Quebec,
there is a statutory obligation to provide first aid, but
criminal law is under federal jurisdiction, so violation of
this rule cannot be qualified as a crime.
Australia, Northern Territory: the penalty for failure to
provide assistance is 7 years in prison, which is the most
severe punishment for such a crime worldwide. Also, a
prison sentence of 5-7 years is threatened for
interfering with a person providing first aid.
Iceland: in addition to the direct obligation to provide
first aid, the refusal to provide shelter to travelers or
incorrect indication of the direction in the conditions is
separately mentioned, if it was known that such an
action poses a threat to the traveler.
It is important to note that in no country, no law
requires an ordinary citizen (except professionals
working in emergency services for a fee) to provide
assistance in unsafe conditions! The ability to provide
first aid in many countries is mandatory for obtaining a
driver‘s license.
II. Protection of first aid providers.
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In some countries: UAE, Australia: Queensland,
Tasmania, Canada: Yukon, Nunavut, etc.
–
there are no
laws protecting those who provide first aid. However,
most countries have adopted the «Good Samaritan
Law» or «Extreme Necessity».
The «Good Samaritan Law» has been adopted in many
countries
(as
well
as
in
all
or
most
states/provinces/territories): Great Britain, USA,
Canada (not everywhere), Australia (not everywhere),
New Zealand, China, Ireland, Israel, India, etc.
The main point of the law: «Any person who provides
first aid free of charge (and without expectation of
remuneration) at the scene of an accident or
emergency situation is not liable for damage caused as
a result of an action or inaction. The exception is cases
of damage caused as a result of gross negligence or
senseless actions/inaction» [23]. Without this clause,
outsiders would be wary of helping the victims, fearing
a subsequent lawsuit.
Australia. In most territories, the law does not apply to
those who have worsened the condition of the victim
while trying to provide first aid while under the
influence of alcohol or drugs.
USA. Laws vary in different states. In some states, the
law protects only those who have completed certified
first aid courses, in other states
–
all volunteer
rescuers, provided that they act reasonably. Assistance
is provided only with the consent of the victim, and if
the victim is a minor (under 18 years old), his parent or
guardian must give consent (if they are present,
conscious and not drugged or intoxicated). If child
abuse is suspected, parental consent is not required.
China. For the first time, the law was adopted in the
city of Shenzhen in 2013 after a number of incidents
that stirred up the public: the videos show injured
people, whom no one approaches, because everyone
is afraid of prosecution. Since October 1, 2017, the
Good Samaritan Law has been adopted for the whole
country [27].
India. It is the world leader in deaths in road accidents.
The Supreme Court in 2016 adopted the Good
Samaritan Law as the main recommendation [27].
«Extreme necessity» is used in the legislation of
Azerbaijan, Armenia, Germany, Spain, the Russian
Federation, Tajikistan, Turkmenistan, Ukraine, France,
Switzerland, etc.
The protection of the interests of persons who have
unintentionally caused harm during the provision of
first aid is carried out by applying the norms of extreme
necessity. Unlike the «Law of the Good Samaritan», the
article «Extreme Necessity» does not directly describe
the situation of assistance and in practice is more often
used in other cases.
The provisions of the laws of different states are
generally similar to each other, but there are
differences.
According to the Criminal Code of the Federal Republic
of Germany (Strafgesetzbuch (StGB) der Bundes
Republik Deutschland) Chapter 4 § 34 «It is not a crime
to take actions aimed at eliminating a danger directly
threatening the life, health, honor, property and other
legally protected interests of this person or other
persons, if the harm caused is less than prevented». This
rule applies only if the act is a proportionate means of
preventing danger.
Switzerland. Actions within the framework of extreme
necessity are not punishable if the danger was not
intentionally created by the person whose actions are
being considered, as well as if it was impossible to
demand from him the sacrifice of the endangered good.
France. Prosecution for actions within the framework of
extreme necessity is not carried out, except in cases of
a clear discrepancy between the means of protection
used and the severity of the threat.
Spain. The harm caused by actions in conditions of
extreme necessity should be small than the threatening
one, that is, it can be equal. In most countries, it is
believed that the harm caused should be strictly less
than the prevented one [27].
Many countries with a federal system leave these issues
in the jurisdiction of the subjects of the federation.
Accordingly, within one country, laws may differ from
subject (state/province/territory, etc.) to subject.
CONCLUSION
Thus, based on the data of the sociological survey, one
of the important reasons for reducing the frequency of
first aid to victims is the fear of responsibility in the
event of the death of the victim or the occurrence of
complications in the process of first aid.
The analysis of regulatory documents shows that the
prevailing opinions that cause citizens to fear,
preventing them from providing first aid, are
unfounded, and are associated with insufficient
knowledge of the current legislation. First aid is legally
safe if they were provided reasonably, and is able to
save the life of the victim. The legislation protects
volunteer rescuers who are ready to provide first aid to
victims. Life is proclaimed the highest value, and the
attempt to protect it is usually put above a possible
mistake.
The legal obligation to provide first aid exists in many
States, but the relevant norms contain a number of
conditions necessary for the application and are very
limited.
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15
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The American Journal of Management and Economics Innovations
To improve the motivation to provide first aid, it is
necessary to develop and introduce a separate article
on first aid into the Law of the Republic of Uzbekistan
“On the Protection of citizens‘ health”. This article
should define the terminology, approve the scope of
first aid, establish the order and sequence of actions
for its provision, determine the rights and
responsibilities of citizens to provide or not provide
first aid.
Legislate a provision on exemption from liability in case
of harm to life or health during first aid (analogous to
the Law of the Good Samaritan).
The law should become the basis for the development
and approval of training programs and a list of medical
supplies as part of first aid kits. In addition, new
effective legal mechanisms should be developed to
encourage citizens to provide first aid.
REFERENCES
The Universal Declaration of Human Rights. Adopted
by UN General Assembly Resolution 217 A (III) of
December 10, 1948
–
M.: Human Rights, 1996.
–
16 p.
The Constitution of the Republic of Uzbekistan:
adopted on December 8, 1992
–
T.: Uzbekistan, NMIU,
2020.
–
80 p.
Criminal Code of the Republic of Uzbekistan dated
22.09.1994 No. 2012-XII. With amendments in
accordance with the Law of the Republic of Uzbekistan
dated 04.03.2019. No. 526 // National Database of
legislation, 224.06.2022, No. 03/22/780/0560.
Code of the Republic of Uzbekistan on Administrative
Responsibility dated 22.09.1994 No. 2015-XII. With
amendments in accordance with the Law of the
Republic of Uzbekistan dated 04.03.2019 . No. 526 //
National Database of legislation, 08.01.2020, No.
03/20/601/002.
The Civil Code of the Republic of Uzbekistan (Part Two)
was approved by the Law of the Republic of Uzbekistan
dated 29.08.1996, No. 256-I // National Database of
legislation, 12.10.2018, No. 03/18/497/2044.
The Labor Code of the Republic of Uzbekistan dated
21.12.1995 with amendments and additions in
accordance with the Law of the Republic of Uzbekistan
dated 09.01.2019. No. 514 (as of 17.05.2022) Article
221 // National Database of legislation, 10.01.2019,
No. 03/19/514/2450.
The Law of the Republic of Uzbekistan «On the
protection of citizens’ health» of 29.08.1996, No.265
-I
Article 29, 30 // National Database of legislation,
18.05.2022, No. 03/22/770/0424.
The Law of the Republic of Uzbekistan «On the
protection of the population and territories from
natural and man-made emergencies» dated 20.08.1999,
No. 824-I Article 16 // National Database of legislation,
25.12.2019, No. 03/19/597/4193.
The Law of the Republic of Uzbekistan «On Civil
Protection» dated 26.05.2000, No. 80-II Article 14 //
National database of legislation, 18.05.2022, No.
03/22/770/0424.
The Law of the Republic of Uzbekistan «On compulsory
state social insurance against industrial accidents and
occupational diseases» dated 10.09.2008, No.174 //
National Database of Legislation, 18.05.2022, No.
03/22/770/0424.
The Law of the Republic of Uzbekistan «On the rescue
service and the status of a rescuer» dated 26.12.2008,
No.195 Article 23 // National database of legislation,
21.04.2021, No. 03/21/683/0375.
The Law of the Republic of Uzbekistan «On Fire safety»
dated 30.09.2009, No. 226 // National Database of
legislation, 12.10.2021, No. 03/21/721/0952.
The Law of the Republic of Uzbekistan «On Road Safety»
(new edition) dated 10.04.2013, No. 348 art.23 //
National Database Legislative data, 12.10.2021, No.
03/21/721/0952.
The Law of the Republic of Uzbekistan «On Internal
Affairs bodies» dated 16.09.2016, No. 407, Article 16, 21
// National Database of legislation, 07.06.2022, No.
03/22/775/0477.
The Law of the Republic of Uzbekistan «On labor
protection» dated 22.09.2016, No. 410 art. 21, 25 //
National Database of legislation, 18.05.2022, No.
03/22/770/0424.
The Law of the Republic of Uzbekistan «On the State
Security Service of the Republic of Uzbekistan» dated
05.04.2018, No. 471 art. 25 // National database of
legislation, 25.12.2019, No. 03/19/597/4193.
The Law of the Republic of Uzbekistan «On the State
Customs Service» (new edition) of 18.10.2018, No. 502
art. 9 // National database of legislation, 18.02.2022,
No. 03/22/755/0147.
The Law of the Republic of Uzbekistan «On the State
Security Service of the President of the Republic of
Uzbekistan» dated 06.07.2021, No. 700 Article 23 //
National Database of legislation, 06.07.2021, No.
03/21/700/0637.
The Law of the Republic of Uzbekistan «On the National
Guard of the Republic of Uzbekistan» dated 18.11.2020,
No. 647 Article 27.28// National Database of legislation,
07.06.2022, No. 03/22/775/0477.
Resolution of the Cabinet of Ministers of the Republic of
Uzbekistan dated 12.04.2022 No. 172 «On approval of
traffic rules» Chapter 3, item 13 // National Database of
The American Journal of Management and Economics Innovations
16
https://www.theamericanjournals.com/index.php/tajmei
The American Journal of Management and Economics Innovations
legislation, 21.07.2022, 09/22/393/0654.
Resolution of the Cabinet of Ministers of the Republic
of Uzbekistan dated 09.09.2019 No. 754 «On
improving the procedure for preparing the population
for actions in emergency situations and in areas of civil
protection». Annexes No.1 //National Database of
legislation, 30.09.2019, No. 09/19/832/3842.
Resolution of the Cabinet of Ministers of the Republic
of Uzbekistan dated 26.08.2020 No. 515 «On further
improvement of the state system of prevention and
action in emergency situations of the Republic of
Uzbekistan» // National Database of legislation,
22.07.2022, 09/22/396/0656.
Good Samaritan Act, 2001, S.O., 2001, с.2
Internet resource: https://dic. academic.ru. Legal law
(date of application: 03/23/2022)
Internet resource: https://ru . wikipedia. org. Legal
obligation (date of application: 03/23/2022)
Internet resource: https:// jurisprudence.academic.ru.
Case
–
A large legal dictionary (accessed: 03/23/2022)
Internet resource: https://vk.com/@fasthelpschool
(accessed: 08/29/2022)
