Legal Point Of View Research Articles

Transgénero: Un análisis desde la mirada de los derechos humanos

Sometimes talking about human rights is easy as they are considered universal and they imply a commitment by society to promote healthy coexistence among people, however, it is important to study to what extent transgender people can feel satisfied when they are treated with respect, equality , taking care of their dignity and integrity, freedom, not being discriminated against due to the condition they experience in terms of their sexual identity. The objective is to analyze transgender from a human rights perspective. Oriented with a documentary, descriptive, analytical methodological perspective, addressing considerations related to the subject. It is developed taking into account the essence of the transgender person in their daily life, with their family, the social environment where they develop, finding the support of their parents and that is when they begin to feel good, because it is one of the greatest sufferings they face knowing that they can be disappointed. From a legal point of view, some countries are establishing laws, determining respect for these people. The analysis concludes some achievements such as accepting equal marriage; Furthermore, it is a health issue, for which surgical, clinical, and psychological intervention should be considered; also, existence of some agreements that favor this group.  &nbsp

Platforms, economics, law and biotechnology

The article discusses the biotechnology development based on modern economic platform models, including related problems of platform law, artificial intelligence and distance medicine. It shows the importance of biotechnology, its relationships with digital platforms and modern technologies in general; the relationships are considered from economic and legal points of view. The problem of standardization in biology is disclosed in detail, using examples from real practice. Further, the problems of the Internet of Things for medical purposes and distance medicine are analyzed in no less detail. The need to develop the study of platform law and artificial intelligence in the field of medical biotechnology has been substantiated. Conclusions are made about the prospects of platform biotechnology in general.

Occitan in the Aran Valley. The current situation of a linguistic minority in Catalonia

It is a known fact that in the administrative region of Catalonia (Principat de Catalunya), within Spain, Catalan and Spanish are both official and in a situation of language conflict. However, we must not forget a third variety that also has a role in this context, at least from a territorial point of view: Occitan. This language was made official in the Aran Valley in 1990 and, theoretically, it became equally official in the whole of the Principat in 2006. Even if this officiality must be considered as attenuated, from a legal point of view we attend a situation that must have very few parallels in other latitudes, since in the Aran Valley, which is a peripheral land, Occitan has barely a few thousand speakers. But what is the current situation of this latter language in that small Pyrenean country? What are the legal provisions that concern it and its real use? What steps have been taken to achieve its effective use after numerous social and demographic changes? In this paper we try to answer questions like these and at the same time to offer a detailed overview of the actual situation of Occitan in the Aran Valley.

Технологии электронного расследования и современный формат технико-криминалистического обеспечения расследования уголовных дел

The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.

Теоретичні підходи до визначення поняття підтримання екологічної безпеки

The article is devoted to the study of theoretical approaches to the definition of «environmental safety» and «maintenance of environmental safety». It was found that the concept of «maintenance of environmental safety» is not clearly regulated, but the concept of «maintenance» is used in relation to various environmental conditions, natural phenomena, mechanisms for ensuring state measures to protect the environment. The opinions of foreign and domestic scientists on the concept of environmental safety and processes of its provision are studied. It is found out that the existing contradictions regarding the interpretation of these concepts exist due to a significant number of definitions and classifications. It is revealed that European scientists are more likely to use the definitions of «environmental safety», «environmental policy» and «environmental law», and are increasingly working towards the introduction of new methods to reduce anthropogenic impact on the environment within the framework of national environmental policies. The distinction between the concepts of «environmental safety» and «environmental safety» is proposed. It is proposed to provide a definition of «environmental safety» from a legal point of view, as a type of activity of authorized public authorities and officials, aimed at establishing and regulating legal, economic, political, technical and social measures to achieve and maintain environmental safety. The interpretation of "maintaining environmental safety" as a response system, a set of preventive measures aimed at minimizing the likelihood of natural and anthropogenic emergencies (which can bring the ecosystem out of balance), as well as adjusting the adopted environmental safety strategies to meet the challenges of our time, is proposed.

Theoretical and legal bases of providing public electronic services

Given the existing problems in developing the electronic public services in Ukraine, we have conducted an analysis of regulatory and legal bases. From a theoretical point of view, the author’s definition of electronic public service has been offered. In our opinion, the electronic public services are the set of public services (administrative, social, technical, state, municipal, etc.) that can be provided / received electronically by means of information and communication technologies. From the legal point of view, it was established that the adopted legislative initiatives are the one of the most important steps towards simplification and digitalization of public services, as the legislation regulates the procedure of providing public electronic services and defines the features of the provided public electronic services registration. The article presents the main features of electronic public services and supplements the existing classification (by content, by scope, by subject, by consumers, by place of receiving) by a number of classification features, namely: by receiving form of electronic public service, by payment type for the provision of electronic public service and by the form of result expression of the electronic public service provision. The Provision on the Unified State Web Portal of Electronic Services and the peculiarities of its use in the provision of electronic administrative services in the country have been considered. As part of our research, it was found that the local governments may create opportunities for the provision of additional electronic administrative services within their competences taking into account the local characteristics and needs. In order to measure an access to the electronic public services, the main criteria and indicators have been identified. This assessment, in our opinion, should be carried out by the level of content of the power authority official website, the level of implementation and use of the electronic document management system and the level of use of electronic participation and interaction tools between the public authority and other entities. The formula for determining a comprehensive indicator of the level of access to public services in electronic form has been presented. This indicator will serve as a guide for improving the service provider activity towards digitalization. Based on the research, the article highlights the key benefits for the applicants of public services in electronic format and the main benefits of electronic public services implementation for the service provider.

Имплементация норм международного права о правовом статусе беженцев в законодательство российской федерации и механизм их реализации

The analysis of the application of the norms of international law in relation to the establishment of the legal status of refugees, their protection, granting of asylum in the Russian legal system is carried out. Conclusions are drawn about the inconsistency of some norms of national law with universal norms. Problems are identified at the term level. The necessity of supplementing the concept of «refugee» with new categories and features, such as armed conflicts in the country of habitual residence, is substantiated. In support of this thesis, an overview of Russian judicial practice is given. It is concluded that from a legal point of view, both at the universal and at the national levels, a very effective system of assistance to refugees has developed. However, in practice, when the need arises to implement such norms, numerous difficulties arise. It is recommended to solve these problems by eliminating the inconsistency of norms at different levels. The 1951 Convention has ceased to meet the needs and realities of the modern world order. The need to revise the entire system of norms in this area, and the implementation of innovations in national laws is revealed. The role of cooperation between the Office of the UN High Commissioner for Refugees and the national departments of the Russian Federation is analyzed, and the significant role of the Agency in improving the legislative framework of the Russian Federation is indicated. It is recommended to develop mandatory rules regarding the procedure for granting refugee status. It is proposed to give more legal force to the New York Declaration adopted in 2016, which fully fills the gaps in this area, but at the moment it is only advisory in nature. The tightening of the rules for granting legal status to refugees as a result of the analysis of current trends in the migration policy of Russia is revealed. It is recommended to find a balance of interests in terms of the ratio of the principles of sovereignty and respect for human rights and freedoms.

LEGAL REGULATION OF E-SPORTS: GENERAL PROVISIONS

In recent years, the e-sports sector is gaining momentum and attracting more and more investment. Due to the rapid development of this area, the complication of public relations, the increase in the number of disputes, etc., there is an urgent need to analyze this area of life from a legal point of view. The relevance of the study is due to the rapid growth of e-sports as a powerful sector of the economy, compared to the low level of legal regulation in this area, both nationally and internationally. The article is devoted to the study of the problems of civil law regulation of e-sports, to clarify its differences from traditional sports and the legal problems faced by the participants in this relationship. The object of the study was the social relations that arise between the participants in the field of e-sports. The subject of the study is the current national regulations that are already used or can be used to ensure the legal regulation of this area. The purpose of the article is to analyze the existing national regulations that should be followed in regulating these relations, and to clarify the features inherent in the field of e-sports. In writing the article, in order to reveal this research topic, the following methods of scientific knowledge were used: the method of generalization, formal-legal method, method of analysis of regulations and comparative law method. As a result of the study, it was concluded that the current legal framework in the country is not enough for proper legal regulation of relations in the field of e-sports, but the question of the feasibility of adopting a separate law to regulate this area remains controversial. E-sports have also been found to be significantly different from traditional sports. First of all, it is about the close connection between e-sports and intellectual property rights, which is absent in the field of traditional sports. In addition, the latest information technologies are actively used in e-sports, which also requires proper legal regulation.

Multi-criteria Decision-making Applications Based on Set Valued Generalized Neutrosophic Quadruple Sets for Law

In this article, an algorithm has been introduced that enables judges to see the decisions that should be made in a way that is closest to the conscience and the law, without transferring the cases to the higher authorities, without anyone objecting to their decisions. This algorithm has been introduced depending on the generalized set-valued neutrosophic quadruple numbers and the Euclidean similarity measure in sets, what the decision is made by considering all the situations, regardless of which case the defendants come before the judge, how similar these decisions are to the legal decisions that should be made. In this way, we can easily see the decisions given to the accused in all kinds of cases, and we can arrange the decisions according to the similarity value. The closer the similarity value is to 1, the more correct the judge's decision from a legal point of view.

Zur Ersetzung des CHF-Libor durch den SARON Compound Index SAR3MC in laufenden

LIBOR interest rates will no longer be available from the end of 2021; this also applies to the 3M CHF-LIBOR, which is often used in practice in the context of sliding interest rate clauses. In a study carried out for the Bank and Insurance Department of the Austrian Chamber of Commerce Jankowitsch/Pichler examined the question of whether there are other comparable index values that could take the place of the 3M CHF-LIBOR. According to their findings, the SARON Compound Index SAR3MC is the primary substitute value. This paper examines from a legal point of view whether the 3M CHF-LIBOR can be replaced by SAR3MC in consumer credit agreements.

Wpływ ustawodawstwa III Rzeszy na polskie projekty ustaw eugenicznych (1933–1939)

The matter of development of the eugenic movement Has already been described in the Polish science. A lot has been written regarding both the law of the Third Reich, as well as the history of the Polish eugenic movement. However Polish project of eugenic laws have never been thoroughly analyzed from the legal point of view, despite this topic being an object to commentaries in the Interwar period. Up to this point no one attempted to analyze how strongly did the Nazi eugenic concepts influenced the Polish projects of eugenic laws. According to some authors such inspirations are easily noticeable. Thus the thesis that the German law strongly influenced the Polish projects shall be subjected to a critical analysis. The goal of the paper is to compare the German eugenic law with Polish concepts on that matter, especially projects made by Leon Wernic. Due to the use of the comparative legal analysis in the historical perspective, it was possible to indicate the similarities and dissimilarities between the Polish projects and the Nazi laws: Law for the Prevention of Hereditary and diseases of offspring; the Nuremberg Laws; the Law for the Protection of the Health of the German People. The Polish drafts include the Preventive Eugenics Act published in 1934, the drafts of four eugenics laws published in 1935; project of the law: ,,On the inhibition of reproduction of dysgenic individuals” created by Wernic; draft of the law ,,On the inhibition of undesirable reproduction” made by Witold Łuniewski and ,,Eugenics Laws” prepared by Bohdan Ostromęcki. The so-called „Eugenics Act” of 1938 has also been analyzed. The paper indicates that although Wernic explicitly pointed out his inspiration by German and Italian legislation, his concepts as well as concepts of other Polish eugenicists are original. Similarities with German legislation can be seen for example in the procedure of sterilization or a certain concordance of the catalog of diseases which qualified for sterilization. The Polish proposals, however, were not identical with the Nazi proposals. Neither were they racist or anti-Jewish in content. Moreover, the role of so-called positive eugenics was more strongly emphasized in Poland than in Germany.

Mediterranean in a Search of a New Balance of Interests

The Eastern Mediterranean has become an arena of fierce competition for an access to sea spaces and their resources, including hydrocarbons. Coastal states and a number of non-regional players are deeply involved in this rivalry. Currently the region is witnessing a confrontation between Turkey and a "balancing coalition", which consists of Greece, Cyprus, Israel and Egypt. The article deals with the problem of maritime spaces delimitation in the Aegean Sea and the Eastern Mediterranean. It also studies the policies of the main actors. The primary goal is to make an assessment of the risks and to analyze possible ways to reduce tension by balancing the interests of major players. The analysis shows that Turkey intends to consistently defend its claims on the continental shelf based on the so-called "principle of justice", thus challenging the Greek claims. Ankara managed to prevent the construction of the EastMed gas pipeline, thus hurting the interests of other countries of the region. In turn, Greece appeals to the norms of international maritime law. Itis actively looking now for allies that could help it contain Turkey. There is a potential “anti-Turkey” coalition comprising France, Israel and Egypt. The authors conclude that, despite the extreme complexity of the situation, especially from the legal point of view, tension in the Eastern Mediterranean can be reduced because the countries of the region are reluctant to engage in a military confrontation with Turkey and alternative routes for energy transportation exist. In addition, there are signs that Greece might be open to a reasonable compromise with Turkey.

The Semantic Thesis in Legal Positivism

For positivists, law ultimately depends solely on social facts about a community’s legal practices. This is a metaphysical thesis about the nature of law. But most positivists — including Scott Shapiro, Joseph Raz, and H.L.A. Hart — reject a semantic thesis, according to which statements about the law are solely descriptions of those social facts. The semantic thesis, they argue, is unable to account for those legal statements, commonly using normative language, that Hart calls “internal.” Some argue that internal legal statements are not (or not solely) descriptions of social facts because they express one’s acceptance of conformity with legal practices. In response to difficulties with this expressivist approach (including the so-called Frege-Geach problem), Raz offers a detailed alternative, according to which they describe moral facts that would exist from the legal point of view, that is, on the assumption that there are always moral reasons for conformity to legal practices. Raz’s approach, although avoiding the Frege-Geach problem, has its own difficulties. I argue for a much simpler reason for positivists to reject the semantic thesis. Most positivists are assignment positivists, not reduction positivists. Reduction positivists believe that a legal system and its laws are reducible to social facts about a community’s legal practices, the way a traffic jam is reducible to facts about its constituent cars. For assignment positivists, by contrast, a legal system and its laws are abstract objects, not social entities. But these philosophers remain positivist, for they think that the grounds for assigning certain of these objects to a community — such that they are the legal system and laws of that community — are ultimately solely social facts about the community’s legal practices. Consider the following analogy. Many philosophers consider a language to be an abstract object. The fact that “Le chat est sur le tapis” means that the cat is on the mat in French is not a social fact concerning French linguistic practices but is instead a necessary truth concerning the abstract object that is French. Nevertheless, these philosophers believe that the grounds for assigning that abstract object to the French community are solely social facts about that community. It is a contingent fact that the French speak French rather than, say, Esperanto. That they speak French depends solely upon social facts concerning French linguistic practices. By analogy, assignment positivists should reject the semantic thesis for the simple reason that internal legal statements describe necessary truths about the abstract objects that are a legal system and its laws. This approach, which was probably the one adopted by Hart himself, overcomes the problems with expressivism — in particular, the Frege-Geach problem — while avoiding the difficulties with Raz’s approach.

НЕБАНКІВСЬКА ФІНАНСОВА УСТАНОВА УКРАЇНИ ЯК СУБ’ЄКТ ГРОШОВО-КРЕДИТНИХ ВІДНОСИН

The article emphasizes the unprecedented growth of the role and importance of monetary relations in the formation of the market component of society, by supplementing it – the financial market and financial services markets, non-bank financial institutions professionally engaged in large-scale financial transactions. In this regard, monetary relations in their interaction with legal norms give rise to financial legal relations, which simplifies and disciplines the understanding and perception of monetary relations as an object of financial and legal regulation. It is stated that the regulatory impact on monetary relations in the activities of non-bank financial latter in market relations goes beyond public finance, expanding due to corporate and private finance, their market component, and the volume of private and commercial monetary resources in such conditions are one of the parties to the financial and credit relations. The environment for the implementation of modern monetary policy is formed by many factors, which together create extremely difficult conditions and reduce the effectiveness of monetary policy in achieving its goals. However, the most significant is the spread of the global financial crisis, to overcome which Ukraine needs to improve the legal framework for monetary regulation and apply market mechanisms to regulate the credit system. From a legal point of view, it is important when considering monetary relations (especially the forms of their expression) to understand the substantial nature of the financial mechanism as a whole. It is not the institutions of the financial system such as commercial banks, insurance companies, pension funds, investment funds or other institutions that generate credit as such, but, on the contrary, the existence of monetary relations generates the relevant institutions. And this is not just a scholastic play on words or manipulation of scientific concepts, but a legal fact. Thus, despite the rather intensive formation, the non-banking financial sector has not yet become the main and convenient mechanism for providing the real sector of the economy with the necessary financial resources. They are going through the initial period of their formation, their development remains little dynamic, sometimes even chaotic, which is why it is important to further study their legal nature, activities, functions they perform in the economy of the state and so on. In order to minimize the risks that may result from the lack of stability, transparency and competitiveness of the non-banking financial sector, it is necessary to strengthen the institutional and financial capacity of bodies regulating the financial services market and create an effective system for preventing crimes committed by non-banking financial institutions. Public policy in the non-banking financial sector should be aimed at: creating a system of risk identification, monitoring and ongoing analysis of the financial services market in order to ensure opportunities to take precautions to ensure financial security; strengthening transparency and openness in the activities of financial institutions and the body that carries out state regulation and supervision of such institutions; increasing the solvency and financial stability of non-bank financial institutions; ensuring proper protection of consumers of non-banking financial services; preventing the use of non-bank financial institutions for unproductive withdrawal of capital abroad.

ПОНЯТИЕ «НЕПРИЛИЧНАЯ ФОРМА»: ПРОБЛЕМЫ РАЗГРАНИЧЕНИЯ ЮРИДИЧЕСКОГО И ЛИНГВИСТИЧЕСКОГО

Controversial text often becomes the object of linguistic expertise in court cases of insult. In view of this, it is necessary to have a clear understanding of the set of features that are necessary to identify the offensive component in the text under study. One of such features is an indecent form of expression. The article addresses the concept of «indecent form of expression» as the main component of an insulting speech act. The author investigates the options for interpreting the concept from linguistic and legal points of view. The main goal of the study is to compare and analyze the concept in order to determine how fully it is revealed and how it is used in solving issues of practical forensic linguistic examination in cases of insult. In the course of the research, the author identified the differences in understanding the concept of indecent form of expression and lack of clarity in distinguishing the concept from legal and linguistic approaches. Moreover, ambivalence in the definition of an indecent form can have significant consequences in determining the offensive nature of the statement under examination. Based on the results of the research, the author substantiates the need for further indepth consideration of the problem raised. This article may be useful to experts conducting linguistic examinations (including cases of insult). The article will also be supporting material for judges, investigators and lawyers who will be able to correctly qualify the case (protection of honor, dignity and business reputation or insult), clearly see the object of examination in cases of insult and will not make mistakes when assigning linguistic examinations in cases of insult.

Nowa hipoteza do sporu o pubertas w prawie rzymskim – dyskusja z utrwalonym poglądem na temat granicy wieku 14 lat

In one of the classic sources of Roman law – the Institutions of Gaius – there is a fragment known as Gai. 1, 196, which says that there was the dispute between two known law schools about the moment defying when the boy became formally mature (pubes). On the one hand, there was the view according to which that maturity came with the age of 14 years, and on the other, there were representatives of the view who wanted to combine maturity only with the physical characteristics of the body, omitting the number of years. The problem was significant from the legal point of view, because the full legal capacity of a young citizen depended on his maturity. According to late sources this conflict was concluded in the sixth century by emperor Justinian. In this article I present a completely new hypothesis by suggesting that this conflict could had been resolved much earlier, i.e. in the second century by the emperor Antoninus Pius. The article presents a number of arguments in favor of this hypothesis.

Complicated Relations between Armenia and Azerbaijan in the Context of Relations with the EU

Geographically and geopolitically, Armenia and Azerbaijan are located in the South Caucasus region or the Transcaucasia region, as it is often called. The geopolitical situation in this region is very dynamic, characterized by politico-military tensions and the clash of interstate and international interests. The South Caucasus region and the Black Sea and Caspian subregion are of major importance, given the transit of energy resources from the Caspian Basin and Central Asia. Armenian-Azerbaijani relations constitute the main problematic direction in the foreign policy of both Armenia and Azerbaijan. From a legal point of view, these relations are practically absent, as both neighbouring states are neither at peace nor at war, there are no diplomatic, trade and economic relations between them. Nagorno-Karabakh is a dispute over the province’s status as a major source of tension between the governments of Armenia and Azerbaijan and the leadership of the self-proclaimed republic of Nagorno-Karabakh, in the mediation of which other international actors got involved, such as OSCE, the Minsk group consisting of France, the Russian Federation and the USA. In conclusion, it should be noted that the border of the Nagorno-Karabakh region, about 100 kilometers, is one of the most dangerous militarized areas in the vicinity of Europe.

МЕЖДУ ИСКУССТВОМ И ВАНДАЛИЗМОМ: ДИСКУРСИВНАЯ ПРЕДСТАВЛЕННОСТЬ ГРАФФИТИ И СТРИТ-АРТА

Today we are witnessing significant cultural changes. The new model of culture can no longer be hierar-chical and base on binary structures. The tree model is changing to the rhizome model. Rizome offers a high level of freedom in making new connections that generate cultural reality. Big narrative as a norma-tive instance is being replaced by separate discourses that dictate norms only within themselves. In this article, we explore how the specificity of different discourses (legislative discourse, discourses of the art world and public opinion) affects the representation in them of such cultural phenomena as graffiti and street art works. From a legal point of view, graffiti and illegal street art are acts of vandalism and deserve punishment. The legislative branch operates in the field of two concepts — «permitted»/«prohibited». The semantic space of the legislative discourse has retained a binary structure and hierarchical organiza-tion. The discourse generated by the institutions of the art world is very mobile, the binary structure and hierarchical organization of its semantic space have disappeared. There obviously takes place the rhizome principle of organizing the normative space of the art world and the increasing role of the individual prin-ciple in the formation of a discursive statement. These features of the discourse created an opportunity for street artists to enter the world of art. The study of the discourse of public opinion was carried out through sociological research. Most young people not only distinguish graffiti from vandalism but are also ready to see it as a form of contemporary art. We explain the clear correlation in the responses of young people in different cities by a single media space. The results of the study confirm the disintegration of a single normative space and its replacement by local (specific) discourses.

Die sportmedizinische Mannschaftsbetreuung – ein rechtliches Minenfeld?

From a legal point of view, sports medical team care is characterized by various areas of tension. In particular, sports physicians have to balance health protection with patient autonomy, professional secrecy with the protective rights of third parties, and enhancing physical performance with fair competition. These dilemmas occur in extremely compressed form in the case of head injuries during competition. Using this example for illustrative purposes, elements for the resolution of such dilemmas are discussed hereinafter which lead to the following conclusion: Provided that sports medicine personnel succeed in taking measures appropriate to the individual case, supported by adequate rules and regulations, the various areas of tension appear to be manageable in practice and do not turn into a legal minefield.

ENSURING THE CITIZENS’ RIGHTS AND FREEDOMS IN CASE OF COVID-19 VACCINATIO IN THE PUBLIC HEALTH SYSTEM

The aim: To study the legal and regulatory framework for ensuring the right to health of patients depending on the legal status of coronavirus vaccines in different countries as an essential element influencing the right to public health and other rights of citizens. Materials and methods: In this paper, we study the legal norms and scientific positions on the above issue using generalized information from scientific journals that use scientific methods from a medical and legal point of view. This article is based on dialectical, comparative, analytical, synthetic, and complex research methods. Using the above methods, we studied the attitudes of different categories of citizens to vaccination against coronavirus disease through questionnaires on the following issues: attitudes to vaccination in general; motivation for vaccination, in case of consent to vaccination; reasons for refusal of vaccination. The case-law of the European Court of Human Rights on vaccination and ensuring the rights of citizens to health care was also analyzed. Results: Proper legal regulation of the right to health depending on the legal status of the vaccines is important in order to implement restrictive measures to combat COVID-19 and, accordingly, to prevent the possible spread of a pandemic in the public health system. Conclusions: Ensuring the right to health and applying restrictive measures to prevent the spread of a pandemic is an essential element of the public health system. However, the question of the legal status of vaccines is crucial to prevent the spread of the disease. That is, it is essential to go through all the stages of clinical trials for the vaccines used. Their safety and effectiveness and proving the fact that the harm of vaccination is much less than the harm of the spread of coronavirus disease. In the process of ensuring the right to health, including by making compulsory vaccination against COVID-19, legal framework and practice are critical components that aim to minimize the potential hazards that threaten the health and lives of the population.