Scholarly record

THE TERM "HEALTH PROTECTION" IN THE RUSSIAN AND INTERNATIONAL LAW: COMPLIANCE ISSUES

E.V. Vorontsova, A.L. Vorontsov, T.N. Balashova

Abstract

The purpose of research - analysis of the concept of "health protection " in the Russian and international laws and regulations from the standpoint of compliance with the fundamental concepts of the law in the field of human health. The study authors was based on formal legal (normative-dogmatic) method, comparison method, logical method, the method of induction and generalization. In addition to these methods, as a specific research methods used linguistic interpretation, as well as studying the etymology of the word "protect" in the Russian language. The fundamental method of the study was to analyze. The results of this research can be used in the process of a deeper scientific understanding of the legal concept of "health", which is widely used in international and domestic legal practice of modern Russia. Conclusions and suggestions made in the course of the study can be used by Russian and foreign legislators, professional legal community (including the scientific community) to create new draft regulations, as well as in the process of developing recommendations for improving the existing legal framework in the field of health. It seems the authors of the article, that the diverse interpretations of the term "health", submitted to the Russian and international legal acts, as well as the points of view of scientists on this issue, can play a positive role in the legal consolidation of specific powers, constituents in the health content of the basic human right . The authors draw attention to the breadth and diversity of the concept "health protection" in the similarities and differences in the data understanding terms in Russia and abroad. The article concludes that contained in the Russian legislation the definition of "health" concepts to the greatest extent reflect in the health content of the basic human rights. Also, just as a system of health specific measure, not health, as such, it can be legally guaranteed by the state. In this regard, as contained in the Constitution of the Russian Federation, the term "right to health", establishing this right, in the current political and legal conditions most preferred.

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