К вопросу о мерах государственного принуждения при охране и защите прав граждан на жизнь и здоровье в Российской Федерации

Abstract

Relevance. The civil law institution for the protection and defense of citizens' rights to life and health has always been the focus of close attention of legislators and law enforcement officers because of its constant demand, complex nature, permanent transformation of state coercive measures in this area. The last one is of a special nature, since it predetermines the system of ensuring the rights of citizens to life and health, including the private legal sphere. In the theory of private law, there is no consensus on the problems of protection and defense of the rights of citizens to life and health, which updates the development of various aspects of their implementation. The purpose is to formulate the characteristics of state coercive measures within the private legal relations of the protection and defense of citizens' rights to life and health. Objectives: to identify elements of state coercive measures of the protection and defense of citizens' rights to life and health; to identify the specificity of sanction as a measure of state coercion; to investigate mandatory relationships due to harm to human life and health. Methodology. The article is made on the basis of the general scientific (dialectical) method of scientific cognition, analysis, induction and deduction, comparison, formal legal, formal logical methods. Results. The article defines the legal characteristics of state coercive measures of the protection and defense of the rights of citizens to life and health, defines the functions of civil liability in applying measures of state coercive measures of the protection and defense of the rights of citizens to life and health in the Russian Federation. Conclusion. State coercive measures have a special character, and in doing so the legal activity of the entities is important, as the fact of causing harm to life and health and the unilateral requirement of the victim is sufficient for the legal sanction to enter into force without the participation of the competent authorities.