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 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.

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 Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

Advancing Health Rights in a Globalized World: Responding to Globalization through a Collective Human Right to Public Health

2007 ◽  
Vol 35 (4) ◽  
pp. 545-555 ◽  
Author(s):  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Medical Care ◽  
Health Systems ◽  
Health Inequities ◽  
Right To Health ◽  
Human Right ◽  
Public Health Systems ◽  
The Right ◽  
Health Rights ◽  
Globalized World

In confronting the insalubrious ramifications of globalization, human rights scholars and activists have argued for greater national and international responsibility pursuant to the human right to health. Codified seminally in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), the right to health proclaims that states bear an obligation to realize the “highest attainable standard” of health for all. However, in pressing for the highest attainable standard for each individual, the right to health has been ineffective in compelling states to address burgeoning inequalities in underlying determinants of health, focusing on individual medical treatments at the expense of public health systems. This article contends that the paradigm of individual health, focused on a right to individual medical care, is incapable of responding to health inequities in a globalized world and thereby hampers efforts to operationalize health rights through public health systems. While the right to health has evolved in international discourse over time, this evolution of the individual right to health cannot address the harmful societal ramifications of economic globalization. Rather than relying solely upon an individual right to medical care, envisioning a collective right to public health – a right applied at the societal level to address underlying determinants of health – would alleviate many of the injurious health inequities of globalization.

FORMS AND METHODS OF PARTICIPATION OF PRIVATE SECURITY GUARDS AND VOLUNTARY PEOPLE'S PATROL IN RESPONSE TO ILLEGAL TRAFFICKING OF WEAPONS

2018 ◽  
pp. 78-95
Author(s):  
Denis Mikhaylovich Denisov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Negative Impact ◽  
National Guard ◽  
Criminal Code ◽  
Private Security ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Security Issues ◽  
The Russian Federation

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.

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