health

Legal Nature and Content of Constitutional Category of "Health Condition" of a Person

Introduction. The article is devoted to a complex analysis of the legal nature and constitutional essence of the category of “state of health” of a person. Discussion. The “state of health” of a person is a constitutional category, is reflected in the current Constitution of the Russian Federation, a number of federal constitutional and current laws, and widely used in various branches of law. However, today there is no clear legislative definition of the notion of a person’s state of health, although as a legal category, it often determines the possibility of various legal relations, if they are due to legal requirements for the state of human health. For the purpose of scientific substantiation and legislative registration of the term “state of health” of a person, the definitions of “state” and “health” are investigated in historical, scientific and regulatory aspects. The author notes that “state” is a characteristic of being, and “health” is a multidimensional category, the essence of which scientists have been studying throughout the history of human society. Conclusion. As a result of the systematic method of studying the definitions of “state” and “health”, the author suggests the notions of “health” and “state of health” of a person, which must be introduced into the current legislation as definition norms to clarify their meaning in the law enforcement practice.

The Constitutional Principle of Equality of Rights and Freedoms of Man and Citizen, Regardless of the State of Human Health: Foreign and Domestic Experience of Legislative Consolidation

Introduction. The article is devoted to the issue of legislative consolidation of the principle of equality of rights and freedoms of man and citizen, regardless of health status in the foreign and Russian legislation. Discussion. Analysis of foreign constitutions allowed defining a specific aspect of the standard of equality of rights and freedoms of man and citizen, regardless of health status, which is in Russian domestic law enshrined only in the federal laws. Please note that the discriminatory features that reflect the health condition in the fundamental laws of foreign countries are different. We study the content of the constitutional principle of equality of rights and freedoms and citizen, regardless of health status in the national law of the Russian Federation. Particular attention is paid to the relationship of the test of the principle of equality with the other parties and the modern trends of development of constitutional law. It indicates the special role of the Constitutional Court of Russia to protect the rights and freedoms of man and citizen when discrimination based on health status. The author determines the purpose of the test of the constitutional principle of its functions in the legal system. Conclusion. The author comes to the conclusion that the analyzed principle occupies a special place in the system of constitutional law and has a great impact on all sectors of the Russian law, to improve the regulatory framework of the rights and freedoms of man and citizen, regardless of health status, on the development of social safety nets for people opportunities, vulnerable as health. There are the proposals for the development of the constitutional principle of equality of rights and freedoms of man and citizen, regardless of health status in the national legislation.

Topical Issues of Legal Regulation of the Prohibition of Discrimination of the Rights and Freedoms of a Person Depending on His State of Health in Modern Russia

The article investigates the legal regulation of nondiscrimination rights and freedoms of the individual, depending on his state of health in Russia in the current national regulations. Discussion. As a result of the research of legal instruments of the Russian Federation, focuses on a group of federal laws that prohibit discrimination enshrined human rights and freedoms according to the state of his health. Special attention is paid to the factors by which the discrimination of the rights of man and citizen on the basis of health. The author concludes that the prohibition of discrimination of man and citizen on the basis of health is the total of the declared nature, as in different fields there is the discrimination of citizens, foreign citizens and persons without citizenship on the basis of health. Conclusion. Protection of the rights of man and citizen depending on his state of health in the national legislation is not fully implemented due to a lack of effective national mechanisms.