Year of Graduation
The Constitutional Court of the Russian Federation: the Right to Health Protection and Medical Care
Today legal regulation in the sphere of health care cover new facets and dimensions for scientific research. Formation of proper legal regulation including the positions of the Constitutional Court of the Russian Federation seems to be extremely important. It is based on realization and protection of one of the most significant constitutional rights – the right to health protection and medical care. The aim of the research is to study constitutional and legal problems in the field of health care, as well as the development of proposals and recommendations for the legislative improvement of legal regulation of the right of health and medical care. The author analyses and systematizes the interpretation given by the Constitutional Court of the right of health protection and medical care as the highest inalienable good without which many other benefits and values lose value. The author also analyses legal positions of the Constitutional Court on the most significant "medical cases", which can be divided into three main groups: the legal regulation of the right to health care and medical care for certain categories of people (for example, HIV-infected and TB-affected migrants), the issues of pharmaceuticals and circulation of medicines, as well as the problems of bioethics and the use of biomedical technologies. The role and significance of the Constitutional Court positions as one of the sources of medical law are defined, including the presence of the "right-generating" and "retransmitting" functions, as well as possible absence of real impact of decisions on the law-enforcement and legislative environment. Evaluated the validity and relevance of the legal positions of the constitutional Court in the field of healthcare from the recognition point of view of the legitimate purpose and necessity of introducing some legal restrictions, and consideration of the obligation of clarity in the recognition of proportionality and balancing of such restrictions.