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1.
The constitutional right to health protection in Belarus
Aksana Shupitskaya, 2020, original scientific article

Abstract: The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.
Keywords: constitution, constitutional principles and norms, medical care, health protection
Published: 15.01.2021; Views: 41; Downloads: 9
URL Link to file

2.
Jurisdictional control in the sphere of public health protection in the Russian Federation
Sergey Victorovich Potapenko, Evgeniy Borisovich Luparev, 2020, original scientific article

Abstract: The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.
Keywords: medical law, health protection, mandatory judicial control, medical legislation, administrative proceedings
Published: 15.01.2021; Views: 81; Downloads: 8
URL Link to file

3.
Legal aspects of health implications caused by environmental distress
Rajko Knez, 2017, original scientific article

Abstract: The article tries to explore legal consequences in cases where the environmental distress causes health implications for individuals. The author begins with the observations from two different angles, that is ex ante and ex post actions. Both approaches differ substantively, since the ex ante approach is applied by state authorities (command-and-control approach, de iure imperii acts), while the ex post approach is by a general rule initiated by individuals against polluters/state. Both approaches are discussed considering the application of EU rules and beyond (ECHR, Aarhus convention). The main emphasis is given to one of the biggest problems, that is the issue of causality, which discourages many plaintiffs from claiming damages. For the so-called post-industrial risks the conventional rules of causality do not suffice, which is why certain courts proposed that changes in this respect are necessary. In addition, the role of NGOs is emphasised, since the NGO can, especially in the ex ante approach, achieve better effects, especially when locus standi is assured.
Keywords: environmental protection, healthy living environment, legal remedies in environmental law, ECHR Art. 8, ECHR Art. 2, command-and-control approach, claims for damages, health
Published: 09.10.2018; Views: 392; Downloads: 61
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