Guarantees to Exercise the Right to Health Protection and Medical Care in the Russian Federation and Opportunities for Cooperation within BRICS

Pravo. Zhurnal Vysshey shkoly ekonomiki. 2014. No. 3. P. 190–197.

Belokolodova T. I.

The human right to health protection implies an overall constitutional duty of the state to assist the enforcement and ensuring of this right by means of medical care provision and other "positive" activities: protection and suppression of attempts to interfere and entrench on the right; control of healthcare by public authorities; significant interference into healthcare delivery. Reasoning from this fact guarantees of enforcement of the right to health protection in the Russian Federation can be divided into two main groups: 1) medical guarantees related to availability and work of medical organizations, and 2) state guarantees related to the creation of conditions under which human health and right to health protection will be ensured and protected to the maximum extent. Therefore, the real effect of guarantees of the right to health protection in Russia is far from ideal. The Russian law-makers try to approximate the domestic statutory acts to the international legal standards in this sphere. However, these actions are not efficient enough. The new incitement for the improvement of the situation in this area can be the extension of international cooperation within BRICS allowing to work out сo-decisions about the problems of improvement of quality and availability of medical care; improvement of quality of medical education; increase of healthcare management control of the propriety of the delivery of the guaranteed scope of free medical care; liquidation of corrupt practices in the system of healthcare management.

Keywords: international cooperation, BRICS, health care, guaranties

Publication based on the results of: Comparative legal approach and its instruments in the research oflegal aspects of BRICS (continuation of research initiated in 2013) (2014)