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§ 2. The constitutional bases of legal maintenance of the rights and svo - bod the patient in the Russian Federation

The Russian Federation is among the states where the Constitution admits the country organic law, within territorial borders has the higher validity and direct action. Legal verhoven - stvo Constitutions of the Russian Federation assumes obshcheobjazatelnost its norms on pravotvor - cheskom, pravoispolnitelnom and pravoprimenitelnom levels.

At level for - konotvorchestva priority position of the Constitution of the Russian Federation is not limited to its predominating place in hierarchy operating on territory state blow - stva is standard-legal documents. Fixing the most significant printsi - py the state and public life, it has constituted a legal basis of the branch legislation. « The constitution pawns the most fundamental bases of legal regulation of public relations with participation of the person. The organic law forms that base which constitutes a game - a stitutsionno-legal status of the person, predetermines the maintenance otrasle - vogo regulations, pawns bases of protection of the rights and freedom, their conditions

The efficiency, factors influencing it, etc. »1.

Are not an exception in this sense of branch of the criminal and sensibly - guarding legislation, providing realisation of the rights, freedom and interests of the patient not contradicting the law on pravoispolnitelnom and pra - voprimenitelnom levels. So, according to ch. 2 items 1 UK the Russian Federation, «Ugolov - nyj the code of the Russian Federation are based on the Constitution of the Russian Federation both the conventional principles and norms of international law». Similar positions on essence are fixed in the enacting clause of the Russian Federation from July, 2nd, 1992 «About the psychiatric help and guarantees of the rights of citizens at its rendering» and in item 3 of the Federal act from November, 21st, 2011 «About bases of health protection of citizens in the Russian Federation». According to them, in process

Workings out of legal documents of public health character rossy -

1 Ebzeev B.S. The person, the people, the state in the constitutional system of the Russian Federation. M, 2005. With. 197.

sky the parliament, being guided by the Constitution of the Russian Federation both conventional prin - tsipami and norms of international law, took into consideration neobhodi - most implementations of the rights recognised as the international community and freedom of the person and the citizen.

Semantic loading of the shown legal statuses consists that the Constitution of the Russian Federation, along with the conventional principles and norms of international law forms an ideological basis criminal and zdra - voohranitelnogo legislations. Conceptual idea on which base on - stroeny the Criminal code of the Russian Federation and all without an exception normative acts in sfe - re public health services, it is reflected in item 2 of the Constitution of the Russian Federation: «the Person, its rights and freedom are the higher value. A recognition, observance and protection of the rights and freedom of the person and the citizen – a state duty» 1. In it is quoted - ache to the formulation social and legal constituting ideologies of the democratic state, sorientirovannoj on priority obespeche - nie the rights and personal freedoms are set.

Social conditionality of a duty gosu -

darstva on creation of necessary conditions for realisation not protivore - chashchih to the law of interests of the person it is dictated by positioning of the person, its rights and freedom as the higher value. In the jural significance of Wasps - novnoj the Law defines directions of the Policy of Law of the country on formiro - vaniju the mechanism of realisation personal (civil), political, sotsial - nyh, economic common rights of the concrete person at levels normot - vorchestva, pravoispolnenija and pravoprimenenija. Official registration primary on the importance of the blessings of the person and the citizen demands from the state of acceptance of the standard documents ordering the rights and duties of participants of corresponding legal relations. In this sense of the politician gosu - darstva it is focused on working out of such set legal to dock - of the cops which existence will allow everyone pravoispolnitelju realizo - vat own interests without restriction of the rights and freedom of other persons, the law -

nyh interests of establishments, the organisations, a society and the state. I Finish -

1 Constitution of the Russian Federation. M, 1993. With. 4.

shchim a link in the mechanism of realisation of the rights and personal freedoms, it agree before - stavlennomu to the constitutional position, the legal protection which is carried out investigatory and courts of justice by means of application of norms of positive and guarding branches of the legislation should act.

The shown social and legal parties state ideolo - gii on maintenance of personal interests gradually find the form. Taking into account the requirement of the Organic law of the country about a recognition of the person the higher value in the Russian legal system designs maintenances of corresponding branches of law and the legislation. So, realising declared in item 2 Konstitu - tsii the Russian Federation the position, the operating criminal legislation proclaims the person, its rights and freedom as independent object criminally - a right protection. To be convinced of it, it is enough to familiarise with soder - zhaniem criminally-rule of law, stated in ch. 1 items 2 UK the Russian Federation. In it zako - nodatel, formulating problems of the Criminal code of the Russian Federation, lists the objects which are coming under criminally-right protection. As those the rights and freedom of the person and the citizen, the property, a public order and the public safety, environment, the constitutional system Russian Federa - tsii, the world and safety of mankind act. Thus, in the list of the values protected by the criminal law, the rights and freedom of the person are allocated not only as independent object, but also put on the first place.

The priority of the rights, freedom and interests of the person not contradicting the law among other values protected by the criminal law, is considered also at designing of system of Special part UK the Russian Federation. On a plan of the legislator, all without an exception criminally-rule of law, to - toryh acts as patrimonial object of protection the person, are consolidated in section of VII "Crime against person". The given section opens system of Special part UK the Russian Federation and schita - etsja one of large in the criminal legislation. Providing the rights, svo - body and interests of the person not contradicting the law and the citizen criminally - a right protection, in it the legislator has formulated interdictions, preduprezhda - jushchie pravoispolnitelej under the threat of punishment application about is inadmissible -

sti encroachments for a life, health, freedom, honour, advantage, sexual inviolability and a sexual personal freedom, constitutional laws and freedom of the person and the citizen, interests of a family and minors. In the same section of the criminal law the norms as which problems protection of the rights and freedom of the patient and the prevention of corresponding socially dangerous acts from medical workers (ch act settle down. 2 items 109, ch. 2 items 118, item 120, ch. 4 items 122, item 123, item 124, item 128 UK the Russian Federation).

The constitutional idea of a primacy of universal values is conceptual and for formed nowadays in the Russian legal system but - howl branches of law – the public health legislation that finds ob - ektivnoe reflexion in norms constituting its maintenance and positions. In particular, the Federal act from November, 21st, 2011 « About protection bases zdoro - vja citizens in the Russian Federation »among main principles of health protection names: observance of the rights of citizens in sphere of health protection and obes - baking of the state guarantees connected with these rights; a priority in - teresov the patient at medical aid rendering; the social it is protected - nost citizens in case of health loss; responsibility of bodies state blow - stvennoj the power and local governments, officials orga - nizatsy for maintenance of the rights of citizens in health protection sphere; availability and quality of medical aid; inadmissibility of refusal in rendering of medicine - skoj the help (item 4). According to item 4 of the Federal act from November, 29th

2010 «About obligatory medical insurance in the Russian Federation» main principles of realisation obligatory medical strahova - nija are: maintenance at the expense of means obligatory medical stra - hovanija guarantees of free rendering to the insured person of medical aid at approach of the insured accident within the limits of territorial about - grammes of obligatory medical insurance and the base program objaza - telnogo medical insurance (further also - programs of obligatory medical insurance); stability of a financial system of the obligatory medical insurance, provided on the basis of equivalence straho -

vogo maintenance to means of obligatory medical insurance; objaza - telnost payments by insurers of insurance premium payments on obligatory medicine - skoe insurance in the sizes established by federal acts; state blow - stvennaja a guarantee of observance of the rights of insured persons on execution objaza - telstv on obligatory medical insurance within the limits of base about - grammes of obligatory medical insurance irrespective of a financial position of the insurer; creation of conditions for maintenance of availability and ka - chestva the medical aid rendered within the limits of programs of obligatory medical insurance; paritetnost representations of subjects objaza - telnogo medical insurance and participants of obligatory medical insurance in controls of obligatory medical insurance.

Being an is material-ideological basis of all branch zakono - datelstva, the Constitution of the Russian Federation has progressive influence on formi - rovanie its maintenances, generating occurrence new reguljativnyh and ohrani - telnyh legal rules, including providing the rights, freedom and interests of the patient not contradicting the law. So, from the moment of introduction in dej - stvie the country Organic law in the Russian legal system the number of the normative acts regulating the relations in sphere of public health services has considerably increased. Diseases have become effective the Federal act from March, 30th, 1995 «About the distribution prevention in the Russian Federation, vyzy -

vaemogo a human immunodeficiency virus (HIV-infection) »1, Federal

The law from September, 17th, 1998 «About immunoprofilaktike infectious bolez - it» 2, the Federal act from June, 18th, 2001 «About the prevention rasprostra - nenija a tuberculosis in the Russian Federation» 3, the Federal act from April, 12th

2010 «About the reference of medical products» 4, the Federal act from 29 but -

jabrja 2010 «About obligatory medical insurance in Russian Fede - portable radio sets» 5, the Federal act from July, 20th, 2012 «About a donor service of blood and its clod -

1 See: SZ the Russian Federation. 1995. № 14. Item 1212.

2 See: SZ the Russian Federation. 1998. № 38. Item 4736.

3 See: SZ the Russian Federation. 2001. № 26. Item 2581.

4 See: SZ the Russian Federation. 2010. № 16. Item 1815.

5 See: SZ the Russian Federation. 2010. № 49. Item 6422.

ponentov »1, etc. As a result at law-making level the body of rules as which subject of regulation the relations arising concerning rendering of medical services and health protection of people act is presented. The result of increase legal uregulirovannosti corresponding socially znachi - myh relations with all evidence is reflected today in enough effek - tivnom maintenance of health of each citizen. In the given context sushche - stvennoe value is got by due degree of a legal regulation from - the carrying developing between the medical worker and separate che - lovekom at level of the positive legislation.

Quantitative and qualitative development of normative acts in sphere zdra - voohranenija has created an objective basis for legal registration but - howl complex branch of the legislation – public health (medicine - skogo) the legislations which problem is ordering of the relations providing health of the person. Constituting a part of system of the Russian right, norm and position public health (medical) zakonoda - telstva are focused on one subject, operate with a uniform method, osno - vyvajutsja on the same principles that underlines their general otrasle - vuju an accessory. The most perspective variant of association is specified - nyh norms and positions in the complete document sees in working out sootvet - stvujushchego kodifitsirovannogo the certificate.

According to founded in the Constitution of the Russian Federation the mechanism of realisation of interests of the person, received official registration at level of sensibly - guarding legislation of the right and a personal freedom require in for - a board and protection. Owing to active influence reguljativnymi norms on positive relations found out the social values, feeling requirement in criminally-right protection. Following the results of corresponding zakono - dative innovations have been formulated criminally-rule of law, warning pravoispolnitelej under the threat of punishment application about

Necessities to abstain further from fulfilment socially

1 See: SZ the Russian Federation. 2012. № 30. Item 4176.

The dangerous acts which have got quality of the criminal. So, with acceptance Zako - to the Russian Federation from December, 22nd, 1992 «About transplantation of bodies and (or) fabrics chelove - ka» 1 in our state there was a legal basis of ordering a feather - corfs of bodies and (or) fabrics from the live donor or a corpse. The given specification - nyj the document, having fixed in the maintenance of a condition and an order transplanta - tsii bodies and (or) fabrics of the person, has specified in interests of the patient with which it is necessary to provide criminally-right protection. With a view of elimination obnaru - zhennogo a blank in the Criminal code of the Russian Federation the norm assigning to made physical persons, reached shestnadtsatiletnego age, obja - zannost on abstention from compulsion fulfilment to withdrawal of bodies or fabrics of the person for transplantation (item 120) has been included.

For maintenance of safety proclaimed in item 20 and 41 Constitutions of the Russian Federation of the rights of the patient for a life, health protection and medical aid in ugolov - noe the legislation the norms assigning on pravoispol - nitelej under the threat of punishment application a criminally-legal duty on abstention from causing on imprudence of death or heavy harm to health of the person owing to inadequate execution by the person of the about - fessionalnyh duties (ch for the first time are included. 2 items 109, ch. 2 items 118 UK the Russian Federation), infections of a HIV - with an infection owing to inadequate execution of the professional it is obliged - nostej (ch. 4 items 122 UK the Russian Federation). As a result on legislative and pravoprimeni - telnom levels there was a real possibility to guarantee with the help criminally-rules of law protection of a wide range of the rights, freedom and not protivore - chashchih to the law of interests of the patient.

Along with it it is impossible to consider settled criminal law potential on maintenance of effective protection of the rights and freedom of the patient from a different sort of socially dangerous acts made by workers of establishments sensibly - ohranenija. In particular, in spite of the fact that item 2 of item 21 of the Constitution of the Russian Federation navlivaet will lock lips - to get someone to take part in medical, scientific or

Other experiments without the voluntary consent of the person, in the Criminal code

1 See: Sheets SND and VS the Russian Federation. 1993. № 2. Item 62.

The Russian Federation is absent the norm providing punishment for infringement of given constitutional position. It is difficult to find the reasonable reasons, to a management - jas with which the legislator ignores quite obvious requirement ispol - zovanija a criminally-repressive measure for the prevention illegal copper - tsinskih experiments. The formulation objective and subjective at - signs on structure of illegal biomedical research hardly probable can meet any difficulties at level normotvorchestva. Conditions the right - of regularity of realisation of biomedical researches with participation of the person are now as much as possible in detail specified in the Convention of the Council of Europe on protection of the rights and advantage of the person in connection with application of achievements bio -

logii and medicine (item 15-18 1), the Law of the Russian Federation from July, 2nd, 1992 «About psihiatriche -

skoj the help and guarantees of the rights of citizens at its rendering »(item 11), the Federal act from April, 12th, 2010« About the reference of medical products »(item chapter 7

38-44). At the same time the rules of behaviour of the persons spending research experiments with patients developed in the positive legislation, not podkrep - leny measures of the state compulsion. Hence, the rights also it is obliged - nosti participants of corresponding legal relations cannot due obra - zom to be realised, as the regulation subject remains out of sphere juri - dicheskoj protection. Pamjatuja that konstitutsionno-legal fastening of fundamental laws and freedom of the person and the citizen, not being simultaneously equipped effective mechanism of their legal protection, becomes no more than the declaration, in a criminally-legal science it was repeatedly offered to establish the criminal liability for compulsion of the person to participation in

Any experiments, including in биомедицинских2. However doktrinalnye

The offers directed on optimisation criminally-right protection inte - resov participants of biomedical researches, remain without due vni -

1 See: the Convention on protection of the rights and advantage of the person in connection with application of achievements of biology and medicine: the Convention on human rights and biomedicine. It is accepted by Committee of ministers of the Council of Europe on November, 19th, 1996, from - it is covered to signing on April, 4th, 1997, has become effective since December, 1st, 1999//the Moscow magazine of international law. 1999. № 35.

2 See: Krasikov A.N.crime. Saratov, 1999. With. 82; Krylov N.E.criminal pr avo and bioethics (criminally-legal problems of application of modern biomedical technologies): avtoref. dis.

… dokt. jurid. Sciences. M, 2006. With. 43-45.

Mania of the legislator. It is curious, that normotvorcheskaja and pravoprimenitelnaja practice of many foreign states confirms expediency an action cart - with criminally-legal means for experimenters, prenebrega - jushchih officially approved rules of carrying out medical opy - тов1.

The jural significance of the Constitution of the Russian Federation is not limited only to that

Norms forming its maintenance and position form an ideological basis of the branch legislation. Occupying the top step in ierar - hii operating on state territory is standard-legal dokumen - tov, it constitutes an integral part of the Russian legal system. And taking into account that depending on character of influence on social otno - shenija in the general theory of law all branches of the legislation conditionally divide on re - guljativnye and guarding, the Constitution of the Russian Federation concerns the first group. Its instructions are directly directed on an establishment defined va - rianta behaviour by granting to participants of public relations of rights and putting on on them positive legal objazanno - stej. In this sense konstitutsionno-rules of law and positions have regulating influence on behaviour of subjects corresponding pravoot - carrying. So, ordering social and economic relations in public health services sphere, ch. 1 items 41 Constitutions of the Russian Federation guarantees to everyone a right to health protection and medical aid. For maintenance of the proclaimed right to the state duties on realisation of a wide range of the measures directed on preservation, restoration and improvement of health of the population, prevention epidemic, endemicheskih and others zaboleva - ny, and also creation of such conditions of ability to live when each person can choose corresponding to modern recommendations of the medical are assigned

Science and practical experience medical assistance methods.

1 See: A.G.criminally's Pancakes of the patient in the international and foreign legislation / under the editorship of B.T.Razgildieva. M, 2010. With. 61-64.

At the same time reguljativnoe value of the constitutional norms and positions cannot be absolutised. Into their functional purpose does not enter de - talnoe ordering of all social relations. In detail reglamenti - ruja the basic part of questions of the organisation and activity of the state and it is ganov, the Constitution of the Russian Federation simultaneously includes «the positions general and not differing by formal definiteness which formulate only neko - torye the most important beginnings of legal regulation public otno - sheny» 1.

Many constitutional instructions develop and concretised in

The branch legislation (for example, civil, labour, ekologiche - skom, public health). The state Organic law the function in this case limits to definition of the constitutional parametres, wasps - novyvajas on which the branch legislation establishes borders of lawful behaviour of participants of corresponding legal relations on - means of granting by it of rights and putting on of legal obligations. So, formulating in item 2 of item 21 an interdiction for attraction someone to participation in medical, scientific or other experience without reception from it dob - rovolnogo the consent, the Constitution of the Russian Federation has put in pawn a legal basis provede - nija biomedical experiments on the person. The set constitutional reference point of legal regulation of biomedical researches with participation of the person as the examinee has predetermined the maintenance standard to - kumentov, accepted for ordering of process of realisation of similar experiments. Legal frameworks of use in practice of public health services of new methods of preventive maintenance, diagnostics, treatment, test not aprobiro - bathing medical products, carrying out of biomedical researches are concretised in the Federal act «About medical products» (the head

7 items 38-44), the Law of the Russian Federation from July, 2nd, 1992 «About the psychiatric help and garan -

tijah the rights of citizens at its rendering »(item 11). Acquaintance with the maintenance

1 Ebzeev B.S.constitution of the Russian Federation: direct action and realisation conditions//the State and pra - in. 2008. № 7. With. 6.

Norms of the mentioned legal documents allows to formulate a number of requirements which are shown to subjects of execution of biomedical experiments. Their number, in particular, concern: carrying out of similar experiences should be based on granting to the examinee predvaritel - ache information on forthcoming experiment (the purposes, methods, collateral e f - fektah, possible risk, duration and expected results); reception of the voluntary written approval of the patient on uch and - stie in biomedical research is required; experiment is authorised osushchest in - ljat only in establishments of the state or municipal system of public health services, and also in establishments of public health services of a railway transportation; carrying out preliminary laboratory and from following is necessary; to the examinee preservation of confidentiality of the information is guaranteed; Test of new methods of preventive maintenance, diagno - stiki is forbidden, treatments, and also medical products, carrying out of biomedical researches with attraction as object of the persons detained, is concluded - nyh under the guards, serving time in the places of confinement or a hell - ministrativnyj arrest, the persons, suffering by the mental derangement and under - vergnutyh to application of forced measures of the medical character military - serving; each demand including the plan coming eksperi - the cop, should pass etiko-legal examination in etiko-legal committee for the purpose of finding-out of scientific validity of prospective research, an estimation of potential risk and advantage for examinees; by results of biomedical research the report (report), predostavlja e - myj to etiko-legal committee, and also the examinee at its desire is constituted.

Settled by the constitutional norms and developing them is zhanie the positive legislation of the relation in public health services sphere be - rutsja under protection by the criminal legislation. Konstitutsionno the set conditionality of criminal law reguljativnymi legislation branches does not allow to agree with stated in the criminally-legal literature tezi - a catfish according to whom «from criminal law left much konstitu -

tsionnyh norms and, in particular, what concern the rights and freedom che - loveka »1. Actually the Constitution of the Russian Federation causes the maintenance of the criminal legislation, including its structural components, to - torye provide the rights and freedom of the patient. The criminal law, protecting from efficient parts of a subject of regulation of a constitutional law, acts as the factor not defining in relation to given branch of law, and opredeljae - mym им2.

In the criminal law doctrine the judgement, according to which Constitution of the Russian Federation is stated, defining in ch. 3 items 17 limits of realisation of the rights and freedom of the person and the citizen, actually do not limit criminally-legal vmesha - telstvo in public отношения3. Allocating criminal law are so wide - mi powers, the author of the formulated thesis supposes possibility of the decision of any social problems a compulsion method. Similar umoza - kljuchenie could be caused that last years the state tries to level intensity in a society by means of sphere expansion vlija - nija criminally-legal interdictions for various kinds deviating povede - nija. However escalating of intensity of criminally-legal compulsion is not always caused by objective necessity. Use a reducer -

nogo criminal law potential at infringement of the rights and freedom of the patient it is justified when the corresponding encroachment is socially dangerous. In this situation criminalisation it becomes unique vozmozh - nym means of legal influence for negative processes as application threat to the careless medical worker of measures distsiplinar - nogo, civil-law, administrative character does not guarantee rea - lizatsiju the legal status of the patient. An explanation criminally-legal sushch -

nosti socially dangerous act and finishing to consciousness pravoispolnite -

1 Silent – a criminal law basis//Sistemnost in criminal law. Materials of II Russian Congress of the criminal law which has taken place on May, 31st - on June, 1st, 2007 / Otv. red. V.S.Komissarov. M, 2007. With. 400.

2 See: Razgildiev B.T.parit of criminal law with morals, other branches of law//Ugolov - noe the right of Russia: the Course of lectures: In 6 t. / under the editorship of B.T.Razgildieva. Saratov, 2004. – T. 1. Kn. 1. With. 314-315.

3 See: Arzamastsev M. of Century To a question on the constitutional fastening of signs of the social danger pre - stuplenija//the Constitutional bases of criminal law: Materials of I All-Russia congress on criminally - mu to the right, the Criminal code of the Russian Federation devoted to the 10 anniversary. M: TK Velbi, 2006. With. 20.

lja consequences of its fulfilment acts as last argument in instrumen - tarii the legislator. Stated allows to estimate M.V.Arzamastse-'s judgement va about unlimited possibilities of criminal law to influence on obshche - stvennye relations as any interpretation of the text of the Constitution of the Russian Federation. System studying of the maintenance of the Organic law of the country allows ustano - to twist objective borders of intervention of the criminal law in social svja - zi. On sense ch. 3 items 55 of the Constitution of the Russian Federation, the rights and freedom of the person and grazhda - nina can be limited by the federal act only in that measure in what it is necessary with a view of protection of bases of the constitutional system, is moral - sti, health, the rights and legitimate interests of other persons, maintenance of defence of the country and safety of the state.

Thus, results of the carried out research have allowed sfor - mulirovat a number of theoretical conclusions and the positions, characterising a game - stitutsionnye bases of legal maintenance of the rights and freedom of the patient in the Russian Federation:

1) the Constitution of the Russian Federation, having proclaimed the person, its rights and freedom as the higher value, has designed the mechanism of practical realisation dekla - riruemoj the democratic state of ideology. It consistently includes an official recognition, observance and protection primary on the importance of the blessings of the person and the citizen. The recognition of the rights and personal freedoms, including feeling requirement for rendering of services mediko - biological character, is publicly made out on normotvorcheskom level, their observance results at level pravoispolnenija, and protection obespechiva - etsja justice on the basis of norms and positions reguljativnyh and guarding branches of the legislation;

2) in the presented constitutional mechanism of realisation of the rights and freedom of the person and the citizen the final link is criminally-right protection taken away. Being a measure subsidiary, the criminally-legal instruction acts as the finishing tool in an arsenal of the legislator, stimulating the right - of executors to observance of the conventional rights and personal freedoms. Obek -

tivnym as an indicator causing necessity of a formulation in with - replying legal space concrete criminally-legal zapre - tov, serves ischerpannost potential of the positive legislation in uporja - dochenii public relations;

3) constitutional uregulirovannost public health relations it is shown at levels of the direct and mediated legal influence. Konstitutsionno-rules of law and the positions possessing function of norms of direct action, order the most significant social communications in sfe - re health protection of citizens. Simultaneously the Constitution of the Russian Federation causes formation of the maintenance of positive branches of the legislation which subject of action are organisation-legal bases of rendering of copper - to-sanitar the help to the population;

4) representing itself as an is material-ideological basis of all otrasle - vogo legislations, the Organic law defines the internal is adjusted - nost and gives stability to the Russian legal system as a whole, obespechi - vaet interaction between its separate branches. Reflected in kontsen - trirovannoj to the form in the Constitution of the Russian Federation of the right and freedom of the patient obuslovli - vajut a subject of regulation and object of protection of branches of the legislation, shout - entirovannyh at realisation of interests of the person. Making demands to reguljativnym and to guarding branches of the legislation on maintenance of the rights, freedom and interests of the patient not contradicting the law, the Constitution of the Russian Federation has progressive influence on formation and further optimi - zatsiju their maintenances;

5) the Constitution of the Russian Federation defines limits of intervention of the criminal law in public health legal relations. Introduction of the criminal liability for infringement of the rights and freedom of the patient is admissible when in medical practice the wide circulation is received by the offences reaching of level of the social danger. Any putting on on medical workers of criminally-legal duties breaks constitutional tre - bovanie that the rights and freedom of the person and the citizen can be facet -

cheny the federal act only in that measure in what it is necessary with a view of protection of bases of the constitutional system, morals, health, the rights and for - horse interests of other persons, maintenance of defence of the country and safety of the state.

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A source: Blinov Alexander Georgievich. DOCTRINE ABOUT is criminally-right protection right Also FREEDOM of the PATIENT. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Saratov - 2014. 2014

More on topic § 2. The constitutional bases of legal maintenance of the rights and svo - bod the patient in the Russian Federation:

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  2. CHAPTER 1. TEORETIKO-METHODOLOGICAL BASES of the CONSTITUTIONAL FASTENING of the RIGHTS And FREEDOM of the PERSON And the CITIZEN And the ORGANIZATION-LEGAL MECHANISM of THEIR MAINTENANCE In the RUSSIAN FEDERATION
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  4. CHAPTER 1. FASTENING OF BASES OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION IN CONSTITUENT AKTAHSUBEKTOV THE RUSSIAN FEDERATION
  5. § 1. The constitutional bases of Financially-legal status central bank of the Russian Federation
  6. § 1. The constitutional bases financially-legal status Central bank of the Russian Federation
  7. the Role of the Constitutional Court of the Russian Federation in constitutional law maintenance on average vocational training
  8. 1.4. Hermeneutics of the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  9. 2.2. Federal public authorities in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  10. 2.3. Public authorities of subjects of the Russian Federation in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen
  11. 2.1. Concept, signs and structure of the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen of the Russian Federation
  12. 2.4. Local governments in the organisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  13. 3.1. A place and a police role in theorganisation-legal mechanism of maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  14. 2.1.2 Suffrages of subjects of the Russian Federation and legal positions of the Constitutional Court of the Russian Federation