2022 № 5 Ten years of law enforcement of Federal Law No. 323-FZ dated 21.11.2011 “On the basics of public health protection in the Russian Federation”: controversial issues, gaps, prospects
Federal Law No. 323-FZ of 21.11.2021 “On the Fundamentals of Public Health Protection in the Russian Federation”, adopted in 2011 and entered into force in 2012 (323-FZ) is a key federal law regulating the healthcare sector.
The authors, through content and retrospective analysis, deductive method, method of generalization of judicial practice, conducted a comprehensive study of the application at the 10–year turn of the basic law in the healthcare system of the Russian Federation – 323- FZ. In the article, the authors analyzed the subject of legal regulation of the 323-FZ, the conceptual apparatus enshrined in 323-FZ, the principles of health protection, considered the ratio of the legal statuses of the patient and the medical worker, touched upon aspects of paid medical services. The problems in the implementation of the 323-FZ are also analyzed, the existing legal uncertainties of its enforcement are discussed.
According to the results of the study, the authors conclude that it is necessary to consolidate the most complete guarantees of the realization of rights, both for patients and for medical workers, aimed, inter alia, at reducing the risks of conflicts between the patient and the doctor, regulating economic relations in health care. In this connection, it is necessary to carry out work on the timely completion of this law.