Scholarly record

PROBLEMS OF LEGAL PROVISION OF PUBLIC INTERESTS IN THE FIELD OF HEALTH IN RUSSIA

E. V. Vorontsova, A. L. Vorontsov

Abstract

The article is an analysis of the relevance of such problems of the Russian legal doctrine and practice as a provision of the collective interests in the field of public health. Taking into account the paramount importance of health as a factor determining the quality of life, the authors emphasize the special role of social mechanisms for the protection and promotion of health. The most effective mechanism is similar, in their opinion, is a legal mechanism, the essence of which is to give the protection of health the status of subjective law. The authors point out that most countries in the world, including Russia, follow this path. In the Russian Federation, the basic human right in the field of health is formulated as a В«right to healthВ» and is enshrined in the Constitution as follows: В«everyone has the right to health care and medical careВ». In this expression, the word В«everyoneВ» emphasizes the subjective nature of the right to health protection, its focus on the interests of an individual. The authors fully share the need for such an approach for realizing the rights of citizens in the field of health, and at the same time they are asked whether this approach fully ensures the collective interest of the society in the field of health, taking into account the fact that personal and public interest may not coincide. According to the authors, modern Russian health legislation does not fully ensure public interests as the interests of society as a whole; it focuses its efforts on realizing the individual interests of citizens in this field. That is, in the Russian legislation regulating in the area of health, the absence of a reasonable balance between public and private interests that could eventually lead to serious consequences for Russian society as a whole. The main idea of the article is that, in modern conditions, the individual's own health ceases to be an exclusively personal good, and accordingly exclusively personal law, because his health directly affects the health of other people, and accordingly their interests. Proceeding from this, the personal health of an individual can represent an object of public interest, and accordingly require public-legal mechanisms for its provision. The authors believe that in the sphere of health care it is necessary to expand the application of the method of legal binding, which in this area is the most adequate for realizing the common interest of the entire society.

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