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Federal Law No. 323-FZ “On the fundamentals of protection of the public health”.

Pays/Territoire
Fédération de Russie
Type du document
Législation
Date
2011
Source
FAO, FAOLEX
Sujet
Alimentation et nutrition, Général
Mot clé
Législation de base Santé publique Droits de l'homme Révision constitutionnelle Politique/planification Gouvernance Collectivité locale Protection sociale Risques Évaluation/gestion des risques Droit à l'alimentation Collecte de données/déclarations Accès-à-l'information Transformation/manutention Contrôle de qualité alimentaire/innocuité des produits alimentaires Hygiène/procédures sanitaires Nutrition Allaitement au sein/alimentation des enfants Aliments diététiques et de régime
Aire géographique
Arctique, Asie et Pacifique, Mer Noire, Mer Caspienne, CEI (Communauté des États indépendants), Europe de l'Est, Europe, Europe et Asie Centrale, Pacifique Nord, Pacifique Nord Occidental
Entry into force notes
This Federal law enters into force on the date of its official publication except for provisions for which other terms of entry into force are established.
Résumé

This Federal Law regulates relations originating in the field of protection of health of the citizens of the Russian Federation and determines: (a) legal, organizational and economic basis of health protection of citizens; (b) rights and obligations of a person and a citizen, separate groups of population in the sphere of health protection, guarantees of realization of these rights; (c) powers and responsibilities of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local authorities in the field of health protection; (d) rights and obligations of medical organizations, other organizations and individual entrepreneurs in carrying out activities in the sphere of health protection; and (e) rights and obligations of medical workers and pharmaceutical workers. Health protection of citizens shall be intended a system of measures of political, economic, legal, social, scientific, medical, including sanitary and antiepidemic (preventive) nature, carried out by the bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government, organizations, their officials and other persons, citizens with the purpose of prevention of diseases, preservation and strengthening of physical and mental health of the population. Norms on health protection contained in other federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation must not contradict the norms of this Federal Law. Local government bodies within the limits of their competence have the right to issue municipal legal acts containing norms on health protection, in accordance with this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation. The basic principles of health protection shall be as follows: (a) respect for citizens' rights in the area of health protection and ensuring state guarantees related to these rights; (b) priority of the patient's interests in providing medical care; (c) priority of protection of children's health; (d) social protection of citizens in the event of loss of health; (e) responsibility of state and local government bodies and officials of organizations for ensuring citizens' rights in the area of health care; (f) accessibility and quality of medical care; (g) inadmissibility of refusal to provide medical assistance; (h) the priority of prevention in the area of health care; and (i) observance of medical secrecy. Health protection measures must be carried out in accordance with recognition, observance and protection of citizens' rights and in accordance with universally recognized principles and norms of international law. The State guarantees citizens protection against any form of discrimination due to any illness. Social protection of citizens in the event of loss of health is ensured through the establishment and implementation of legal, economic, organizational, medical and social and other measures guaranteeing social security, including by means of mandatory social insurance, the determination of a citizen's need for social protection in accordance with the legislation of the Russian Federation, rehabilitation and care in the event of illness (condition), the establishment of temporary disability, disability or in other cases specified by acting legislation. Federal executive bodies shall be responsible, inter alia, for organization of the system of sanitary protection of the Russian Federation territory; organization, provision and implementation of federal state sanitary and epidemiological supervision; and implementation of measures aimed at saving the life and health of people in emergency situations, elimination of medical and sanitary consequences of emergency situations, informing the population about the medical and sanitary situation in the emergency zone and about measures to be taken. Everyone has the right to health care. The right to health protection is ensured by the protection of the environment, the creation of safe working conditions, favorable conditions of work, everyday life, rest, upbringing and training of citizens, and the production and sale of food of appropriate quality, quality, safety and accessibility to medications, as well as the provision of affordable and quality medical care. Citizens have the right to receive reliable and timely information on factors contributing to the preservation of health or having a harmful effect on health, including information on the sanitary and epidemiological well-being of the area of residence, the state of the habitat, rational standards of nutrition, quality and safety of production and technical products, food products, goods for personal and domestic needs, and the potential danger to human health of the work and services provided. Such information shall be provided by state and local authorities in accordance with their powers, as well as by organizations in accordance with the procedure established by the legislation of the Russian Federation. Citizens have an obligation to take care of their health. Citizens, in cases envisaged by legislation of the Russian Federation, are obliged to undergo medical examinations, and citizens suffering from diseases that pose a danger to others are obliged, in cases envisaged by legislation of the Russian Federation, to undergo medical examination and treatment, and to prevent these diseases. Citizens undergoing treatment are obliged to comply with the treatment regime, including that defined for the period of their temporary disability, and the rules of conduct of the patient in medical organizations. Therapeutic nutrition is an integral component of the therapeutic process and preventive measures, includes food rations that have a prescribed chemical composition, energy value, and consist of certain products, including specialized products of therapeutic nutrition, subject to appropriate technological processing. Specialized therapeutic foodstuffs are foodstuffs with an established chemical composition, energy value and physical properties, proven therapeutic effect, which have a specific impact on the restoration of disturbed or lost functions of the organism as a result of the disease, prevention of these disturbances, as well as on improving the adaptive capacity of the organism. The norms of therapeutic nutrition are approved by the authorized federal executive body. The provision of adequate nutrition for pregnant women and nursing mothers, as well as for children under the age of three years, including through special food provision points and the trading organizations, is carried out on the conclusion of doctors in accordance with the legislation of the constituent entities of the Russian Federation. This Federal Law consists of 14 Chapters divided into 101 Articles. Chapter 1 lays down general provisions. Chapter 2 establishes basic principles of health protection. Chapter 3 establishes powers of federal government bodies, government bodies of constituent entities of the Russian Federation and local government bodies in the field of health protection. Chapter 4 establishes rights and duties of citizens in the field of health protection. Chapter 5 regards organization of health protection. Chapter 6 regards protection of health of mother and child, the issues of family and reproductive health. Chapter 7 deals with medical expertise and medical examination. Chapter 8 regards medical arrangements in connection with the death of a person. Chapter 9 regards medical workers and pharmaceutical workers, medical organizations. Chapter 10 regards program of state guarantees of free medical assistance to citizens. Chapter 11 establishes financial support for health care. Chapter 12 regards organization of control in the field of hea

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Russe
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