Правовое обеспечение доступности лекарственных средств в Российской Федерации (с позиции права социального обеспечения)

Съвременно право. 2020. No. 2. P. 63–83.

Сулейманова Ф. О., Гусев А. Ю.

The relevance of the research topic is due to the fact that in Russia, as well as throughout the world, the importance of public health protection is increasing. The right to health protection and medical care is ensured by a set of measures, including, inter alia, providing the population with high-quality, safe and affordable medicines. In cases established by law, drug provision is carried out on a free or preferential basis, forming a social security legal relationship.

The authors of the article consider the main problems of legal regulation and law enforcement practice of drug provision for Russian citizens. The research was conducted by analyzing regulatory legal acts that establish guarantees of citizens for free and preferential drug treatment, as well as law enforcement practice that reflects the state of citizens ' rights, including those with a special status in this area. In particular, the formed legal positions of the courts on issues related to the implementation of rights in the field of free and preferential drug provision are analyzed.

The conclusions are made that the current legal regulation of this sphere needs further improvement. In particular, the uncertainty of the scope and content of state guarantees of free and preferential drug provision for certain categories of citizens (for example, disabled people) was noted. One of the important problems of law enforcement practice is the incomplete financial security of state guarantees and the inequality of budgetary opportunities of the subjects of the Russian Federation in this area.

Keywords: legal regulation, правовое обеспечение, бесплатная медицинская помощь, лекарственные средства, rare diseases, free medical care, редкие (орфанные) заболевания, medicines