REFERENCE OF CITIZENS TO THE MEDICAL AND LABOR PROPHYLACTORY ON THE WAY OF REALIZING CONSTITUTIONAL VALUES: EFFECTIVE PREVENTION OR IMPROPER PRACTICE?

Abstract

It is indicated that, from the point of view of the author, there are problematic issues in legal practice in civil cases regarding the direction of citizens to a medical and labor dispensary. Based on the provisions of the Constitution and other normative legal acts of the Republic of Belarus, the leading positions of the legal doctrine, judgments are derived that prove the fallacy of the general direction of national judicial practice in cases of the category under study and substantiate the need for its further improvement. A conclusion is made about the unconstitutionality of the provisions of the previous legislation as a result of their actual obstacles to the realization of the rights and freedoms of the individual as the highest constitutional values. The special role of the Constitutional Court of the Republic of Belarus in the protection and defense of the latter is emphasized. Problems are found and their consequences are given, caused by misinterpretation and application of legal norms, legal conflicts and incompleteness of legal regulation. Amendments to the legislation, correction of law enforcement practice in cases under consideration are proposed.