| Abstrakt: |
The article examines the problematic issues of defining the concept of the mechanism of realization of the right to health care and medical assistance, as well as the components of the specified mechanism and the systemic connections between them. The author’s definition of the mechanism of the realization of the right to health care, medical assistance and medical insurance is proposed, which should be considered as a complex process, a system of interconnected components that create conditions for the legitimate exercise of the right of an individual, which includes a set of relevant legal norms regulating social relations that arise in connection with the exercise of the specified right and provide for the forms, grounds, conditions and procedures for its exercise; legal and enforcement acts; the activity of the person himself as the bearer of the subjective right in the exercise of his rights and duties; direct activity of the relevant authorities for the application of this right; legal relations through which subjects implement the researched law. It was concluded that the structure of the constitutional-legal mechanism for the realization of the right to health care and medical assistance is represented by a set of the following components: constitutional norms that establish the specified right; legal acts (normative-legal acts, which are the external form of expression and consolidation of these norms, and interpretative-legal acts, which contain an explanation of the content of legal norms; acts of application of legal norms (individual-legal); guarantees of the exercise of this right; the activity of a person from his use, which allows to distinguish the normativelegal and institutional-legal component of the mechanism. The regulatory and legal component of the implementation mechanism includes legal norms that determine the conditions, forms and procedures for the implementation of this right, the content of the right itself; economic, legal, organizational, institutional and other means and conditions for realization of the researched right, as well as guarantees of realization and protection of the right to health care, medical assistance and medical insurance. The institutional and legal component is represented by the system of authorized bodies, institutions and establishments that manage, organize activities, provide medical assistance or services. The special content of the right to health care and medical assistance allows us to distinguish the features of the mechanism of implementation of this right: a) it is carried out by bodies that provide medical assistance or contribute to the provision of medical assistance (support units); b) has a limited scope, because it is used exclusively during the implementation of the above-mentioned right; c) one of the subjects of legal relations is always the person who receives medical assistance, and the other is public health care institutions that directly provide health care(enterprises, institutions, organizations of various forms of ownership, including those created by private individuals, provided they have the necessary material and technical base and qualified specialists); d) realization of the rights and freedoms of citizens takes place in three forms - compliance, implementation and application of legal norms; e) realization of the researched right is carried out according to a certain procedure, which is established by national legislation. [ABSTRACT FROM AUTHOR] |
