Public Administration in the Field of Public Health Protection in the New Paradigm of Public Authority: Problems of Correlation Between Constitutional and Administrative Law Regulation

The article is devoted to the study of the problems of correlation between the constitutional-legal and administrative-legal regulation of public administration in the field of public health protection in the system of social administration. The purpose of the article is to identify the relationship between the subject of regulation of constitutional and administrative law in the field of public administration in terms of health protection in the system of social administration, to identify its distinctive features. The goal was achieved with the help of general scientific methods (analysis, synthesis, dialectical, his­torical and legal method) and the formal legal method. State administration is carried out constantly, regardless of the presence or absence of a constitution in a particular state, other constitutional acts, and even in the absence of constitutional ideas, as was the case in Russia until the 19th century. The concept of administrative and legal regulation of public administration in the field of public health in modern conditions is based on constitutional norms on the right of citizens to health protection and medical care (Article 41 of the current Constitution of the Russian Federation), as well as on the norms on the organization of public power in the Russian Federation. Analyzing the content of the legal literature, the current legislation, the Author came to the conclusion that for the analysis of the correlation between the concepts of constitutional and legal and administrative-legal regulation in the field of health care, the provisions of Art. 71 and 72 of the Constitution of the Russian Federation. In particular, assigning the organization of public authority to the federal center, the Constitution of the Russian Federation thereby predetermines the principles of organization of the public administration system in the field of health care. In addition, Art. 71 of the Constitution of the Russian Federation leaves the federal authori­ties in charge of establishing a unified legal framework for the healthcare system, which is being trans­formed into legislative and subordinate regulation, including issues of managing the healthcare system. Administrative law, due to the wide possibilities of operational by-law regulation, is characterized by taking into account the latest achievements in the natural and human sciences in industry standards, sometimes faster than the legislator does.

1. Starilov Yu. N. Administrative Law. Ch. 1: History, Science, Subject, Norms. Voronezh: Voronezh State University Publ.; 1998. 392 p. (In Russ.).

2. Bannikova I. G. The Right to Health Care and Medical Care: Content and Historical Retrospective. Vestnik of Penza State University. 2014;2:51-55. (In Russ.).

3. Kovrigina G. D. Legal Regulation of Healing Activities in Russia: the History of the Issue and Modern General Legal Principles. Medical Law. 2008;4:38-41. (In Russ.).

4. Tretyakova O. S. Health Care in Russia and Its Legal Regulation: from Monastic Medicine up to Creation of State Health Care System. Tavricheskiy Mediko-Biologicheskiy Vestnik. 2017;20(2-1):172-180. (In Russ.).

5. Bogdanov A. General Organizational Science (Tectology). 6th ed. Moscow: URSS Publ., LENAND Publ.; 2019. 679 p. (In Russ.).

6. Viner N. Cybernetics or Control and Communication in the Animal and the Machine. 2nd ed. Moscow: Soviet radio Publ.; 1968. 326 p. (In Russ.).

7. Afanas’ev V. G. Consistency and Society. Moscow: Politizdat Publ.; 1980. 368 p. (In Russ.).

8. Sadovskii V. N. Foundations of the General Theory of Systems: a Logical and Methodological Analysis. Moscow: Nauka Publ.; 1974. 276 p. (In Russ.).

9. Fomin E. V., Fomina Yu. A. General Systemic Approach and Socio-Economic Systems (from Management to Self-Organization). Moscow: LENAND Publ.; 2014. 160 p. (In Russ.).

10. Rossinskii B. V. Problems of Public Administration from the Standpoint of Systems Theory. Moscow: Norma Publ., INFRA-M Publ.; 2021. 264 p. (In Russ.).

11. Slepyshev A. L. Public Administration: Objects and Priorities. Part I. Society and Power. 2015;2:87-94. (In Russ.).

12. Nizova L. M., Solovjeva I. G. Public Health as an Element of Social Policy at the Regional Level. Social Policy and Social Partnership. 2018;11:17-22. (In Russ.).

13. Kopytkin S. A., Nazarova A. B. On the Need of Preventive Measures in Respect of the Persons Sufferring from Socially Significant Diseases in Penal System Institutions. Criminal-Executory System: Law, Economy, Management. 2018;2:16-19. DOI: https://doi.org/10.18572/2072-4438-2018-2-16-19 (In Russ.).

14. Bondar N. S. Constitutional Category of Human Dignity in Value-Based Measurement: Theory and Court Practice. Constitutional and Municipal Law. 2017;4:19-31. (In Russ.).

15. Vasil’ev D. F., Krugova N. V., Kulish A. S. Law, Religion and Medicine: Ways of Interaction for the Benefit of the Patient. Tver Medical Journal. 2017;5:148-151. (In Russ.).

16. Chica-Velez S. A., Salazar-Ortiz C. A. Post-new Public Management, Governance and Innovation. Three Concepts regarding Organizational Form and Public Management. Opera. 2021;28:17-51. (In Spanish).

17. Criado J. I., Dias T. F., Sano H., Rojas-Martín F., Silvan A., Filho A. I. Public Innovation and Living Labs in Action: A Comparative Analysis in post-New Public Management Contexts, International Journal of Public Administration. International Journal of Public Administration. 2021;44(6):451-464. DOI: https://doi.org/10.1080/01900692.2020.1729181

18. Dubois H. F. W., Fattore G. Definitions and Typologies in Public Administration Research: The Case of Decentralization. International Journal of Public Administration. 2009;32(8):704-727. DOI: https://doi.org/10.1080/01900690902908760

19. Parilov O. V. Death of a Child Because of Refusal to Hemotranfusion on Religious Motives: Legal Aspect. Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2020;2:105-110. DOI: https://doi.org/10.36511/2078-5356-2020-2-105-110 (In Russ.).

20. Markova E. N. The Doctors’ Right to Refuse from Medical Service Rendering on Religious Grounds. Juridical World. 2019;2:58-62. (In Russ.).

21. Tishchenko E. V. Issues of Demarcation of the Beginning of a Human Life. Constitutional and Municipal Law. 2018;9:63-66. (In Russ.).

22. Borisova L. V. Protection of the Right to Education and Health of Pupils Within the Framework of the Voluntary Nature of Tuberculinodiagnosis. Jurist. 2021;4:65-70. DOI: https://doi.org/10.18572/1812-3929-2021-4-65-70 (In Russ.).

23. Bogdanova E. E., Belova D. A. Actual Problems of Reforming Legislation on Surrogacy. Actual Problems of Russian Law. 2021;16(4):66-75. DOI: https://doi.org/10.17803/1994-1471.2021.125.4.066-075 (In Russ.).

24. Ishchenko S. A. Public Private Partnership in Physical Education and Sports and Its Administrative Law Regulation. Administrative Law and Procedure. 2021;9:52-54. DOI: https://doi.org/10.18572/2071-1166-2021-9-52-54 (In Russ.).

25. Vershilo N. D. To the Question of the State Environmental Control And Supervision. Laws of Russia: Experience, Analysis, Practice. 2017;6:35-38. (In Russ.).

26. Vinokurov V. A. Sanitary and Epidemiological Welfare of the Population and the Novel Coronavirus Infection: Legal Regulation Issues. Medical Law. 2020;4:9-19. (In Russ.).