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The Duty of Citizens to Take Care of their Health: Is It Possible to Force a Person to Be Healthy?

https://doi.org/10.17803/1994-1471.2022.143.10.024-033

Abstract

. The paper discusses the possible constitutional status of a citizen’s duty to take care of their health. This duty is declared in the constitutions of some States. In Russia, it has been legally enshrined in Federal Law No. 323-FZ dated 21.11.2011 «On the basics of protecting the health of citizens in the Russian Federation». At the same time, as it is noted in scholarship, this obligation is not supported by any legal sanction, which gives it a moral rather than a legal character. In this regard, some authors propose to provide for various measures of responsibility for violation of this obligation. The article analyzes the legal consequences of the recognition of the duty to take care of one’s health in relation to various spheres of public relations. As a result of the research, the author comes to the conclusion that the recognition of such a duty is connected with the socialization of human life and health and their alienation from the individual. Such a duty inextricably accompanies the state of unfreedom and incomplete legal personality of a person. On this basis, we believe that its legal consolidation is fundamentally unconstitutional.

About the Author

M. V. Presnyakov
Stolypin Volga Institute of Management (RANEPA Branch)
Russian Federation

Mikhail V. Presnyakov, Dr. Sci. (Law), Associate Professor, Professor of the Department of Service and Labor Law

ul. Moskovskaya, d. 164, Saratov, Russia, 410012



References

1. Belyaninova Yu.V. Comment to the Federal Law of June 18, 2001 N 77-FZ "On prevention of the spread of tuberculosis in the Russian Federation" (article by article) // SPS ConsultantPlus. 2017.

2. Budanova L.Yu., Smirnova I.N., Asadov V.V. Some aspects of organizational and legal support for the execution of punishment in the form of forced labor // Russian investigator. 2021. N 9.

3. Gilinsky Ya.I. Narcosm: social and criminal problems // Narcosm. Drug addiction. Drug policy: Collection of articles / Edited by A.G. Sofronov. SPb., 2006.

4. Grishaev S.P. Commentary of the Law on the basics of public health protection in the Russian Federation // SPS ConsultantPlus. 2011.

5. Gryzlov B. Drug dealers need to be exiled to hard labor // Nezavisimaya Gazeta. 07.06.2011.

6. Durdenevsky V.N. Subjective law and its main division // Jurisprudence. 1994. N 3.

7. Egorova T.I. Some issues of limiting the legal status of an individual in modern society // Actual problems of Russian law. 2016. N 9.

8. Paperno I. Suicide as a cultural institute. M.: New Literary Review, 1999.

9. Countering illicit trafficking of narcotic drugs and psychotropic substances: A textbook / Edited by A.N. Sergeev. M., 2000.

10. Salagai O.O., Soshkina K.V. The concept of personal responsibility for health preservation: a legal aspect // Journal of Russian Law. 2020. N 8.

11. Sedova N.N. Who was prevented by the ethics committees? // Medical Law. 2012. N 1.

12. Timofeev I.V. About the concepts of "medical care" and "medical service". Medical knowledge and medical practice as a prerequisite for regulatory regulation of medical care relations // Medical law. 2021. N 1.

13. Shamsunov S.Kh., Ilyintsev E.V. On the issue of forming a healthy lifestyle in places of deprivation of liberty // Penal enforcement system: law, economics, management. 2020. N 1. p. 19 - 21.

14. Shishkov S.N., Polubinskaya S.V. Taking care of preserving one's health as a legal obligation // State and Law. 2020. № 10.


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For citations:


Presnyakov M.V. The Duty of Citizens to Take Care of their Health: Is It Possible to Force a Person to Be Healthy? Actual Problems of Russian Law. 2022;17(10):24-33. (In Russ.) https://doi.org/10.17803/1994-1471.2022.143.10.024-033

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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)