Litovkina M.I. —
Positions on health in constitutional acts of the ASEAN member-states: comparative legal assessment
// Law and Politics. – 2017. – ¹ 3.
– P. 103 - 115.
DOI: 10.7256/2454-0706.2017.3.43034
URL: https://en.e-notabene.ru/lamag/article_43034.html
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Abstract: The object of this article is the process of constitutionalization of the positions of health in the countries of the Association of Southeast Asian Nations (ASEAN), the comparative analysis of which is provided with consideration of its evolutionary character, in tight interconnection with the development of healthcare systems, as well as the level of funding of healthcare system. Within the framework of examination of the topic, the author reviews the constitutional acts of the ASEAN member-state, which enshrine the positions on health in form of the right to health and socioeconomic goal; as variations of social support of the vulnerable groups of population or legislative limitations of certain rights and freedoms necessary for protecting the public health from various threats. It is noted that on one hand, the question of ensuring the individual and public health represents a permanent task for any state, which should be resolved without considering the fixation of the corresponding positions in normative material, but nevertheless, using a significant amount of economic resources. On the other hand, population of any country, even in case of substantial state and private investments into the healthcare, cannot count on the complete freedom of diseases regardless the constitutionalization of positions on health and medical aid. But despite this, the process of consolidation of the positions on health in constitutional acts of various states can be considered a positive trend. In turn, the latter leads to emergence of responsibility of the states to recognize and abide alongside the possibility of the rightsholders to protect the rights associated with restoration and support of health; testifies to formation of the vector of development of legislation that regulates the sphere of healthcare; as well as allows the states to create their own concept of dynamic development of this sphere and establish a complex of responsibilities in the area of health protection based on the accessible financial resources.
Litovkina M.I. —
Classification of determinants affecting health, and threats to health during the globalization period: organizational legal aspect
// National Security. – 2017. – ¹ 2.
– P. 17 - 35.
DOI: 10.7256/2454-0668.2017.2.21879
URL: https://en.e-notabene.ru/nbmag/article_21879.html
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Abstract: This article makes accent on the problem of formation of the determinants (creation of safe environment) that are necessary for supporting the decent living standards and social wellness, realization of its constitutional rights and freedoms, as well as elimination or decrease of the threats to health. The choice of the topic is justified by the fact that among the directions of ensuring national security of any country, must be present the goals for strengthening the population health and development of healthcare. Perhaps, due to this, many states over the recent years mark a trend towards introducing the positions on health into the corresponding legislative acts. The subject of this research is the facts that testify to the high level of riskogenics of various spheres of human life that is substantiated particularly by the globalization processes. The author also examines the international legal acts that declare the need for achieving the appropriate level of psychic and physical health alongside its highest possible standard. Author’s contribution consists in meticulous presentation of the two main groups of individual and general determinants that have impact upon health. In the latter group, a significant place is held by the environmental and transnational factors, which in the globalization period substantiate, in particular, the renaissance of such threats as epidemics and infections, caused by the negative ecological circumstances, armed conflicts, migration processes that are accompanied by the drastic violation of people’s usual habitat. In addition, over the recent years there have emerged the “new” infectious agents, which must be counteracted by means of global efforts of legal and organizational character, including those aimed at ensuring security of the main determinants affecting health.
Litovkina M.I., Kolesnikov E.V. —
Right to protection of health and medical aid in the Russian Federation as a constitutional value
// Law and Politics. – 2016. – ¹ 2.
– P. 167 - 177.
DOI: 10.7256/2454-0706.2016.2.15513
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Abstract: In this article the authors substantiate the axiological importance of the right to protection of health and medical aid by its complex nature, as it pertains to the right to life, favorable environment and others. In addition to that, the value nature of this right consists not only in the protection of such indefeasible benefit as health, but also in creation of conditions for exercising basic rights to free development and a worthy life. Campaigns and programs on protection and restoration of individual and public health are the obligations of both, the state and individual. The scientific novelty of this work consists in exploration of the value aspects of this right, which are not sufficiently analyzed within the juridical science, from the position of modern research and relevant conditions for social reforms. This approach towards the study of constitutional right to protection of health and medical aid is necessary in order to determine new regularities of development of the Russian legislation in this area.
Litovkina M.I., Kolesnikov E.V. —
Right to protection of health and medical aid in the Russian Federation as a constitutional value
// Law and Politics. – 2016. – ¹ 2.
– P. 167 - 177.
DOI: 10.7256/2454-0706.2016.2.42781
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Abstract: In this article the authors substantiate the axiological importance of the right to protection of health and medical aid by its complex nature, as it pertains to the right to life, favorable environment and others. In addition to that, the value nature of this right consists not only in the protection of such indefeasible benefit as health, but also in creation of conditions for exercising basic rights to free development and a worthy life. Campaigns and programs on protection and restoration of individual and public health are the obligations of both, the state and individual. The scientific novelty of this work consists in exploration of the value aspects of this right, which are not sufficiently analyzed within the juridical science, from the position of modern research and relevant conditions for social reforms. This approach towards the study of constitutional right to protection of health and medical aid is necessary in order to determine new regularities of development of the Russian legislation in this area.
Litovkina M.I. —
// National Security. – 2014. – ¹ 4.
– P. 584 - 606.
DOI: 10.7256/2454-0668.2014.4.11603
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Litovkina M.I. —
// Law and Politics. – 2013. – ¹ 1.
DOI: 10.7256/2454-0706.2013.1.7238
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Litovkina M.I. —
// Law and Politics. – 2013. – ¹ 1.
DOI: 10.7256/2454-0706.2013.1.42171
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