Guarantees of implementation of the right to health protection and medical assistance

It is noted that in the conditions of rapid development of society, scientific and technical progress and the emergence of new diseases, the issue of the realization of the right to health care acquires special significance. The growth of the planet’s population, increasing man-made load on the environment, deterioration of the ecological situation and armed conflicts significantly affect the exercise of this right. The lack of a minimum level of health makes it impossible for a person to fully participate in state and social life, limits the realization of his rights, which, in turn, threatens economic development, stability and security of society. This scientific article defines the content and types of guarantees for the realization of the right of individuals to health care and medical assistance. The subject of the application of guarantees is the state in the person of authorized competent bodies that act to promote the realization of the specified right and its protection. Various approaches of scientists to the definition of the concept of «guarantee» and their classification have been analyzed. The main role in the system of guarantees for the realization of the human right to health care and medical care belongs to legal guarantees, which are enshrined in law and ensure the implementation of its norms. Legal guarantees include all legal means by which human and citizen rights and freedoms are implemented and protected, as they provide legal responsibility for authorized subjects for failure to fulfill or violate the rights and legitimate interests of citizens, as well as contribute to increasing the guarantees of the realization of rights. It is proposed to consider the guarantees of the right to health care and medical care as a system consisting of two groups - general and legal (special) guarantees, which in turn contain a certain set of elements. The group of general guarantees includes political, economic, social, culturalandinformational guarantees; legal (special) guarantees include regulatory, institutional (organizational) and international legal guarantees. The author proposed an author’s definition of the concept and content of the relevant components of both general guarantees and legal (special) guarantees. The author actualizes the issue of wider use of stimulating constitutional guarantees of the human right to health care and medical care.