НЕКОТОРЫЕ АСПЕКТЫ КОНСТИТУЦИОННОГО ПРАВА НА ОХРАНУ ЗДОРОВЬЯ И МЕДИЦИНСКУЮ ПОМОЩЬ В КОНТЕКСТЕ ПРАВОВЫХ ПОЗИЦИЙ ВЫСШИХ СУДОВ РОССИЙСКОЙ ФЕДЕРАЦИИ

Abstract

The constitutional right to health protection and medical care is one of the fundamental human rights. It has a rather complex implementation mechanism and assumes the functioning of a developed health organization system. The realization of the right to health protection and medical care has become particularly relevant during the spread of the new coronavirus infection COVID-19. The purpose of the study is to analyze some aspects of the constitutional right to health protection and medical care in the light of the legal positions of the highest judicial instances of the Russian Federation – the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. Material and methods. Legal assessments of various aspects of the right to health protection and medical care, which were given by the highest courts of Russia in connection with citizens' appeals for the protection of their rights, were investigated. The methodological basis consisted of logical and dialectical methods as well as the method of content analysis of normative and legal acts and court judgements, and a system-structural approach. Results. Defining health as a constitutional value, the supreme courts of the Russian Federation reveal a system of legal guarantees for the implementation of this constitutional right, all elements of which are interconnected. An important role in the mechanism of realization of the right to health protection and medical care, according to the highest courts of Russia, is played by constitutional principles, among which are the principles of justice, proportionality, federalism, freedom of economic activity, etc. In addition, in the materials of the practice of the higher courts concerning the provision of free medical care, attention is drawn to the need to maintain a balance between the freedom of action of medical workers and the organizational capabilities of specialized public authorities. Conclusion. In the acts of the supreme courts of Russia, the right to health protection and medical care appears as a complex competence, which is based on the category of health as an inalienable and inalienable good. This competence is based on the constitutional obligation of the Russian Federation to preserve and strengthen the health of its citizens, which presupposes a developed system of legal guarantees for its implementation