Russian legislation in the sphere of health protection: paternalistic tendencies and security of citizens

Litovkina Margarita

In this article, the author analyzes some provisions of the Russian health care legislation related to medical care in the framework of clinical testing. Based on the comparative assessment of a number of regulatory legal acts, the gaps in legislation regulating the provision of this type of medical care were identified. According to the author’s opinion, the gaps were caused by the paternalistic model of interaction between medical specialists and citizens, despite the existing practice in informed consent for medical intervention signing. From the author's point of view, legal deficiencies poses a threat to the security of citizens applying for medical care and should be eliminated. In this regard, some suggestions are present.

Keywords:Constitutional right to health protection and medical care; dignity, voluntary informed consent, paternalism, legislation, clinical approbation, clinical trials, security.