scholarly journals Citizens' Rights to Health Protection and Medical Assistance, Guaranteed by Article 41 of the Constitution: Problems of Enforcement

2019 ◽  
Vol 3 (1) ◽  
pp. 97-103
Author(s):  
Ольга Фадеева ◽  
Olga Fadeeva
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Russian Federation ◽  
Medical Personnel ◽  
Right To Health ◽  
Health Protection ◽  
Medical Specialists ◽  
Medical Graduates ◽  
The Russian Federation ◽  
The Right

The paper reflects the state of the modern healthcare system and various enforcements of the right to medical care guaranteed by the Constitution of the Russian Federation. The right to health, as well as the provision of qualified, free, and timely health care, are among the most important and fundamental human rights. The paper also features some key enforcement problems concerning the right to health protection and medical care, guaranteed by Article 41 of the Constitution of the Russian Federation, e.g. a lack of medical personnel, untimely provision of the first aid, and insufficient financing in the health care system. The article also considers the causes and consequences of "staff shortages" in Russian hospitals, employment of medical graduates, and financial support of young medical specialists. The author analyzes the equipment status of medical organizations in 2018 and 2016, voices the problem of optimization in healthcare institutions by reducing the inpatient level and expanding outpatient clinics, and offers statistics of complaints to the Department of Public Health on quality and timeliness of medical care. The author believes that the enforcement of the right of citizens guaranteed by Article 41 of the Constitution of the Russian Federation can be characterized as very low, which indicates the pretentiousness of the law.

On the Content of the Human Right to Affordable and Quality Medical Care in the Russian Constitution, Federal Legislation, and Constitutions (Charters) of the Subjects of the Russian Federation

2019 ◽  
pp. 14-19
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Legal Regulation ◽  
Right To Health ◽  
Special Role ◽  
Human Right ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Right ◽  
Quality Medical Care

The article discusses the issues of constitutional-law and special legal regulation of the human right to health and affordable and quality medical care. It is shown how this right is stipulated by constitutions and charters of subjects of the Russian Federation in accordance with the Constitution of Russia. Whereas the Constitution providing the right to health does not prescribe that medical care should be «affordable» and «quality», the author believes that these attributes are intrinsic to medical care because it is only affordable and quality medical care that is a guarantee of realization of the right to health. Health is considered by the author as a prerequisite of using other rights and freedoms. Using the comparative-law methodology, the author analyzes constitutions and charters of constituent entities of the RF and concludes that less than a half of them have provisions concerning the right to health protection and medical care. At the same time, under Constitution protection of human rights shall be within the joint jurisdiction of the Russian Federation and constituent units. It is emphasized that the special role in protection of the human right to health on the sub-federal level belongs to regional constitutional (charter) courts, some examples from their practice are given.

ПРАВО ОСУЖДЕННОГО НА МЕДИЦИНСКУЮ ПОМОЩЬ

2020 ◽  
Author(s):  
Sergey Kleshchev ◽  
Daria Efremova
Keyword(s):  
Law Enforcement ◽  
Medical Care ◽  
Negative Impact ◽  
Right To Health ◽  
Health Protection ◽  
Correctional Institution ◽  
Medical Report ◽  
Primary Health ◽  
The Russian Federation ◽  
The Right

С одним из личных прав человека, - правом на жизнь - неразрывно связано наиболее важное право осужденного на охрану здоровья, закрепленное в ч. 6 ст. 12 Уголовно-исполнительного кодекса Российской Федерации. Данное право выражается в осуществлении в отношении осужденных первичной медико-санитарной помощи либо специализированной медицинской помощи в стационарных либо амбулаторных условиях. Как становится очевидным, наибольшую актуальность данная проблема получает в стенах исправительного учреждения, ведь именно принудительная изоляция негативно сказывается на физическом или психическом здоровье осужденного, в связи с чем в рамках исполнения наказания в виде лишения свободы нужно предусмотреть комплекс мер по реализации данного права. В статье проведен анализ нормативно-правовых актов, которые содержат в себе нормы-принципы и нормы-рекомендации в отрасли прав осужденных к лишению свободы на охрану здоровья и оказание медицинской помощи, и изучено содержание данного права. В проведенном исследовании также рассмотрены основные направления реализации права осужденных на оказание медицинской помощи, а также предложены пути их реформирования. При изучении новых направлений оказания медицинской помощи осужденным авторами выявлено, что многие из этих направлений - перспективные. В конце делается вывод о необходимости реализации указанных авторами рекомендаций в правоприменительной деятельности.The most important right of a convicted person is the right to health, which is inextricably linked to one of the personal human rights, the right to life. Part 6 of article 12 of the Criminal Executive code of the Russian Federation stipulates that prisoners have the right to health protection (receiving primary health care and specialized medical care in outpatient or inpatient conditions, depending on the medical report). As it becomes obvious, the greatest relevance of this problem gets within the walls of the correctional institution, because it is forced isolation that has a negative impact on the physical or mental health of the convict, for this reason, within the framework of the execution of deprivation of liberty, it is necessary to provide a set of measures to implement this right. In this article the analysis of normative legal acts, which contain norms-principles and norms-recommendations in the field of the rights of convicts to imprisonment for health protection and medical care, was carried out, and the very content of this right is studied.The study also examines all the main areas of realization of the right of convicts to medical care, as well as suggests ways to reform it. Despite the rather contradictory nature of trends in the provision of medical care to convicts, several ways to improve it have been outlined in recent years. Some of them were unpromising, while others give us hope that the situation will change for the better with the provision of medical care to convicts. Summing up, we can say that it is necessary to implement these recommendations in law enforcement.

scholarly journals Constitutional Right to Health Protection and Medical Care in Ukraine in the Context of the Pandemic COVID-19

2020 ◽  
Vol 13 (4) ◽  
pp. 99
Author(s):  
Yurii Nikitin ◽  
Valentyn Zolka ◽  
Mykhailo Korol ◽  
Yaroslav Kushnir ◽  
Nadiia Demchyk
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Personal Data ◽  
Legal Regulation ◽  
Right To Health ◽  
Health Protection ◽  
International Standards ◽  
Personal Data Protection ◽  
Control Functions ◽  
The Right

The content of the right to health protection and medical care according to Ukrainian legislation is analyzed in the article as well as peculiarities of its realisation in the context of the pandemic COVID-19. It examines also the correlation between the notion “health protection” and “medical care”. On the basis of this correlation, the conclusion is made that the right to health protection is broader and includes, but is not limited to, the right to medical care. Some international standards in the sphere of health protection, which constitute the basis of Ukrainian legislation in this area, are analyzed. The conclusion is made that Ukraine should take into account such standards while limiting human rights, in particular, the right to health protection and medical care in the context of the pandemic COVID-19. It is mentioned that the significant problem remains the legal regulation of quality control of medical care, the creation of organizational technologies with a clear division of control functions between the various actors in the health care system, which is extremely important in terms of the pandemic. The attention is also paid to the personal data protection issue in the sphere of health care. The conclusion is drawn that there should be mechanisms for reporting and protecting against abuse while collecting personal data, and people should be able to challenge any COVID-19-related measures for the collection, aggregation, storage and further use of their data.

scholarly journals Minister of Health of the RSFSR Vladimir Vasilievich Trofimov, first Editor-in-Chief of the journal «Health Care of the Russian Federation» – outstanding personality and healthcare manager

2021 ◽  
Vol 65 (1) ◽  
pp. 69-73
Author(s):  
Boris T. Velichkovsky ◽  
Roman S. Serebryany
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Russian Federation ◽  
Financial Incentives ◽  
Medical Science ◽  
Editorial Policy ◽  
Medical Personnel ◽  
Joint Work ◽  
Maternity Hospitals ◽  
The Russian Federation

This article is devoted to V.V. Trofimov, Minister of Health of the RSFSR, an outstanding health care manager, who tried to introduce the modern methods of self-financing, automated information systems, etc., into the management of medical science during the period 1962-1983. At the initiative of V.V. Trofimov, for the first time in the country, the Main Department of research institutes and coordination of scientific research was established, the purpose of which was to ensure a scientific breakthrough in medicine through the development and implementation of innovative methods. The experience of joint work of health authorities, medical universities, and research institutions began to accumulate. It allowed solving problems of improving the quality of medical care according to united comprehensive plans. The material and technical base for public health protection was developed. During the tenth five-year plan alone, 20 large multi-specialty hospitals were built for 600-1200 beds, 88 polyclinics for 750-1200 visits per shift, 80 maternity hospitals and departments for 8849 beds were put into operation, 24 women’s consultations for 1000 visits per shift, and 13 multi-specialty children’s hospitals. The availability of medical personnel increased from 34.8 in 1975 to 40.0 in 1980 (per 10,000 population). The reform of the financing of medical institutions included the transfer of hospitals and polyclinics to economic accounting. The reform was introduced to enhance medical workers’ financial incentives to improve medical care, as savings increased doctors’ and nurses’ salaries. In essence, it was an anti-pod to the extensive, expensive way of conducting the national economy adopted in the country. As the first Editor-in-Chief of the journal “Health Care of the Russian Federation” and he prioritized innovative research in editorial policy for many years to come.

scholarly journals Assessment of the prospects for introducing drug insurance into military healthcare as part of project activities

2020 ◽  
Vol 22 (2) ◽  
pp. 125-133
Author(s):  
A. Y. Fisun ◽  
Y. V. Miroshnichenko ◽  
M. P. Shcherba ◽  
R. A. Golubenko
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Russian Federation ◽  
Subsequent Development ◽  
Outpatient Basis ◽  
Drug Supply ◽  
Military Health ◽  
Drug Insurance ◽  
Insurance System ◽  
The Russian Federation

It is shown that one of the priority areas of the social policy of the Russian Federation is the consideration of improving the drug supply, the rationale for the national drug policy, as well as the introduction of the drug reimbursement (insurance) system, as one of the key mechanisms to increase the affordability of drugs by partially or fully reimbursing their cost citizens when providing medical care on an outpatient basis. It was revealed that in the context of reforming the healthcare system, the specifics of the work of power ministries and departments are not sufficiently taken into account. In this regard, the features have been studied and an assessment has been given of the prospects for introducing drug insurance into military health care as part of project activities, as one of the mechanisms for implementing interagency cooperation in modern socio- economic conditions when reforming drug supply. It is reflected that the introduction of drug insurance mechanisms can increase the availability of drugs, have a positive effect on the health of the assigned contingents, and reduce the frequency and duration of hospitalizations. At the same time, the following were identified as the main prospects and systemic prerequisites for implementation: the need to create a reliable legal basis for the formation and subsequent development of a unified state system of drug supply, taking into account the specifics of military health; transition to a rational system of financing drug supply for the provision of medical care on an outpatient and inpatient basis as part of a project to develop a new model for the provision of primary health care and specialized medical care based on a unified medical and technological hospital base; prospective reduction of expenses for the supply of medical care in stationary conditions; optimal distribution of rights and responsibilities, ensuring coherence between health authorities; prevention of duplication, ensuring equal and guaranteed drug supply for citizens as part of the project to ensure the quality and accessibility of medical care to privileged contingents of the Ministry of Defense of the Russian Federation. A possible model of drug supply for contingents attached to military medical organizations is substantiated when providing medical care on an outpatient basis when introducing a drug insurance system at the state level. The following key elements of a grounded model are described: adjustment of drug supply management; clarification of the categories of assigned contingents; optimization of the order of dispensing of drugs; the formation of restrictive lists of drugs; optimization of financing.

scholarly journals Problems of Legal Regulation of Palliative Medical Care in the Russian Federation Subjects

2020 ◽  
Vol 17 (3) ◽  
pp. 78-82
Author(s):  
Anna Trutaeva
Keyword(s):  
Social Security ◽  
Medical Care ◽  
Russian Federation ◽  
State Power ◽  
Legal Regulation ◽  
Existing Problems ◽  
Degree Of Disability ◽  
The Russian Federation ◽  
The Right ◽  
Palliative Medical Care

Introduction. The problem of ensuring equal scope of the right to palliative medical care of citizens living on the territory of various subjects of the Russian Federation is raised. The article describes the current legal regulation of palliative care in the Russian Federation and the existing problems of providing it. Purpose. The author aims to determine the place of legal regulation in the mechanism of ensuring the right to palliative medical care and ways to increase the degree of guarantee of this right. Methodology. Methods of analysis and synthesis, formal-logical and comparative-legal methods are used. Results. A brief overview of the current legal regulation at the Federal level and in the subjects of the Russian Federation is given, and the different scope of the right to palliative medical care of citizens living on the territory of different subjects of the Russian Federation is recorded. The article highlights the consequences of different approaches to the legal regulation of the issues under consideration, and suggests changes to them. Population by sex and age, the structure of its incidence and the degree of disability in subjects of the Russian Federation are not the same, and the bodies of state power of subjects of this level have the ability to define the needs of the population in the form of medical care that is consistent with the goal inherent in the activities of the bodies of state power of subjects of the Russian Federation in the field of social security, namely with regard to the influence of the specific features on the life of citizens and securing a reasonable differentiation of social security. Conclusion. It is concluded that it is necessary to fix the guarantee of palliative medical care in the normative legal acts of the subjects of the Russian Federation regulating the issues of public health protection, regardless of the territory of living, gender, age, diagnosis and stage of treatment.

scholarly journals The problem of unreliability of information in the system of compulsory medical insurance in the context of the implementation of the constitutional right to free medical care

2021 ◽  
Vol 21 (2) ◽  
pp. 206-214
Author(s):  
Veronika A. Fadeeva ◽  
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Insurance ◽  
Relevant Information ◽  
Medical Services ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
The Cost

Introduction. The addition of the section “Information on the cost of medical services rendered” to “Public Services”, the state information system, allowed the citizens of the Russian Federation to receive relevant information promptly. This possibility soon exacerbated the problem of unreliability of information about the medical services provided to the insured persons under compulsory medical insurance. The article defends a position based on the legal analysis of the legislation of the Russian Federation in the sphere of compulsory medical insurance. According to this position, the problem can be overcome by appropriate changes in the regulatory documents governing the control powers of the territorial funds of compulsory medical insurance, health insurance organizations. Theoretical analysis. The right to reliable information is enshrined in a number of regulatory legal acts of the Russian Federation, the analysis of which allows us to investigate the problem of unreliability of information in the system of compulsory medical insurance (“medical prescriptions”). Empirical analysis. Identification of unreliability of information about the provided medical services can be carried out both by the insured persons under compulsory medical insurance and through the control of the competent authorities. In this regard, the article analyzes the control powers of the territorial funds of compulsory medical insurance, medical insurance organizations. Results. The result of the author’s analysis of the problem of unreliability of information in the system of compulsory medical insurance (“medical attributions”) is a proposal to improve the procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care for compulsory medical insurance.

scholarly journals Legal regulation of telemedicine in the health care system of the Russian Federation: state and prospects for improvement.

2019 ◽  
Vol 21 (3) ◽  
pp. 15-22
Author(s):  
N V Allamyarova ◽  
E G Sanakoeva
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Health Care System ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Documents ◽  
Current State ◽  
The Russian Federation ◽  
Care System

The legislation in the field of e-health, adopted in 2017, opens fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is made of the current state of telemedicine legal regulation in Russia. The law on telemedicine requires adjustment and refinement of existing regulations, procedures, standards of medical care with a detailed regulation of tools and situations of their application.

scholarly journals USE OF THE TERM «MEMORY» IN DESIGNATION OF CONCEPTS IN THE SYSTEM OF NON-MATERIAL VALUES

2021 ◽  
pp. 7-14
Author(s):  
Ольга Георгиевна Барткова
Keyword(s):  
Russian Federation ◽  
Right To Health ◽  
Right To Privacy ◽  
Term Memory ◽  
The Right To Privacy ◽  
The Russian Federation ◽  
The Right ◽  
Material Values

В статье обосновываются юридическая значимость категории «память» и ее место среди прочих, смежных категорий и понятий. Несмотря на ее многоаспектность, термин «память» используется для обозначения и закрепления в российском законодательстве РФ, в отраслях права России обособленных понятий, выполняющих функции, обусловленных особенностями отраслевого регулирования. Формулируются признаки понятия «память» как нематериальной ценности. Обосновывается связь этого понятия с правом на частную жизнь и ее неприкосновенность, с правом на здоровье. The article deals with the legal significance of the category «memory» and its place among allied categories and notions. Despite its multidimensionality the term «memory» is used for defining and securing in the legislation of the Russian Federation, separate notions in law branches which perform functions determined by characteristics of industrial regulation. Signs of the concept of «memory» as an intangible value are formulated. The connection of this concept with the right to privacy and its inviolability, with the right to health is substantiated.

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