MEDICINE, LAW & SOCIETY 
Vol. 13, No. 2, pp. 217–236, October 2020 
 
 
https://doi.org/10.18690/mls.13.2.217-236.2020 
© 2020 University of Maribor, University Press 
 
 
 
 
 
THE CONSTITUTIONAL RIGHT TO HEALTH 
PROTECTION IN BELARUS 
  
Accepted  
24. 08. 2020 
 
Revised 
15. 09. 2020 
 
Published 
29. 10. 2020 
AKSANA SHUPITSKAYA 
Yanka Kupala State University of Grodno, Faculty of Law, Grodno, Republic of 
Belarus. 
E-mail: oshupitskaya@mail.ru, oshupitskaya@grsu.by 
 
CORRESPONDING AUTHOR 
oshupitskaya@grsu.by 
 
Keywords 
constitution, 
constitutional  
principles and 
norms, 
accessibility and  
quality of  
medical  
care 
problems of  
realization of the  
right to  
health  
protection, 
prospects for the 
development of the 
right to  
health 
protection. 
Abstract The article analyzes the constitutional right 
enshrined in the Fundamental law of the Belarusian state, its 
Constitution, - the right to health protection. The purpose of 
the research is to analyze the relevant legal regulations and the 
problems associated with implementing the right to health 
protection in the modern Belarus. The paper will examine the 
constitutional basis of the right to health protection in Belarus, 
its essence and nature, normative legal acts regulating the 
analyzed right, problems and prospects of its implementation 
in light of the current conditions of the Belarusian state. The 
author considers the constitutional legal principles and 
constitutional legal norms as the basis of the right to health 
protection and reveals the essence of the analyzed right. The 
conclusion substantiates the idea that detailed regulation of the 
right to health protection is carried out at the level of 
normative legal acts of the Republic of Belarus adopted by 
various state bodies. The state of realization of the right to 
health protection is determined by socio-economic, political 
and other factors. Identifying a number of problems related to 
ensuring the right to health protection, the researcher analyzes 
the prospects for its further development in the Republic of 
Belarus. 
 

218 MEDICINE, LAW & SOCIETY.   
 
1 Introduction 
 
In the legal science of the post-soviet states, the constitutional right to health 
protection was considered from both theoretical and practical perspectives. Such 
well-known legal theorists and constitutionalists as Avakian, Alekseev, Bernatsky, 
Baglay, Bondar, Vitruk, Voevodin, Gadzhiev, Liverovsky and others analyzed this 
right from a constitutional, rather than merely legislative, perspective. Specialists in 
the field of medical law Alexandrova, Gerasimenko, Kovalevsky, Litovka, Litovka, 
Maleina, and Khabrieva also made significant contributions to the study of the 
analyzed issues. Among the most famous theorists that studied the right to health 
protection are Alexandrova (Alexandrova, 2006), Azarov (Azarov, 2007), and 
Timofeev (Timofeev, 2017). 
 
The right to health protection is one of the subjective rights that is not recognized 
by all countries, and therefore is not established in their most important legal acts, 
usually their constitutions. Instead, it is regulated at the international level by various 
legal documents and is implemented in practice through the activities of 
international legal jurisdictional institutions. In particular, as Murgel states, although 
the European Court of Human Rights does not explicitly regulate the right to health, 
it considered the right to health in cases that included alleged violations of the rights 
guaranteed by the ECHR. In some cases, the Court interpreted the ECHR in a way 
that the Contracting States should also provide the right to health care to the 
applicant. Some of these cases concerned the responsibility of medical professionals 
for medical error (Murgel, 2020: 22). 
 
The right to health protection is an important constitutional right enshrined in the 
fundamental law of the Belarusian state. The constitution also refers to socio-
economic rights and freedoms. The Constitution of the Republic of Belarus only 
establishes, in general language, this subjective possibility for these individual rights. 
The specifics, however, have to be stipulated through normative legal acts included 
in the system of legislation of the Republic of Belarus. 
  

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
219. 
 
 
2 The Constitution of the Republic of Belarus as the basis of the 
national legal system 
 
The Belarusian national legal system belongs to the type of Slavic national legal 
system that emerged from the continental (Romano-Germanic) legal family. The 
main sources of law in Belarus are normative legal acts, which are formed by law-
making bodies exercising their law-making power. 
 
A common perspective among Belarusian constitutional law scholars is that that the 
Constitution forms the basic law of the State, a single codified source of law 
(Vasilevich, 2019: 5). 
 
The legal literature also defines the Belarusian Constitution as constituting a 
systematic arrangement of constitutional-legal principles and constitutional-legal 
norms that regulate social relations that are part of the subject of constitutional law 
(Chudakov, 1998: 168-169). Constitutional-legal norms and constitutional-legal 
principles regulate a large sphere of social relations, which include the organization 
and functioning of state power, its territorial structure, the basis of the legal status 
of the individual, the individual’s relationship with society and the state, and the 
organization and functioning of local self-government. 
 
The Belarusian Constitution was adopted by the Supreme Council of the Republic 
of Belarus (at that time the unicameral Belarusian Parliament) on March 15, 1994. It 
subsequently was amended and supplemented twice. A national referendum on 
November 24, 1996, resulted in the Belarusian Constitution being changed by almost 
a third. Changes and additions concerned both the organization and functioning of 
State bodies and the procedure for altering the Constitution. On October 17, 2004, 
also at the Republican referendum, amendments were made to Art. 80 of the 
fundamental law of the Belarusian State, removing the restrictions on the ability of 
one person to hold the post of President of the Republic of Belarus for only two 
terms. 
 
The Belarusian Constitution is a modern normative legal act that reflects the current 
state of public relations, namely, the economic system, social structure, political and 
ideological spheres of the Belarusian society and State. 
 

220 MEDICINE, LAW & SOCIETY.   
 
The preamble of the Belarusian Constitution enshrines the notion of national 
sovereignty, as indicated by the words "We, the People of the Republic of Belarus”. 
The introductory part of the Fundamental Law also defines the fundamental, basic 
ideals that the Belarusian Parliament, which represents the Belarusian people, relied 
upon when formulating the provisions of the Constitution. These are the principles 
of recognition of universal values, of democracy, and the rule of law. 
 
Part 1 of Art. 1 of the Belarusian Constitution declares the Belarusian Republic as a 
"unitary, democratic, social state based on the rule of law. These characteristics, in 
fact, are the cornerstone principles upon which the entire Constitution is based. 
 
The Belarusian State in form is a republic. According to Art. 6 of the Basic law, the 
unified and indivisible state power in Belarus is divided into three distinct branches: 
legislative, executive, and judicial. According to the constitutional principle of 
separation of powers, these branches of government are independent, but at the 
same time have, the ability to mutually influence each other. 
 
The legislative power is represented by the Parliament – the National Assembly of 
the Republic of Belarus, which is bicameral, meaning that it consists of two 
chambers. The lower house, the House of Representatives, consisting of 110 
deputies, is elected by citizens of the state who have voting rights. The upper house 
of Parliament, the Council of the Republic, is the chamber of territorial 
representation and has a more diverse constituency. It consists of 64 members. Eight 
members of the Council of the Republic are appointed by the President of the 
Republic of Belarus. Eight members each are elected by the six regional and Minsk 
city councils of deputies – local representative authorities. 
 
The central body of state administration in Belarus is the Council of Ministers – the 
Government of the Republic of Belarus. It directs subordinate branches and local 
executive and administrative bodies. It also is responsible for implementing both the 
internal and foreign policy of the Belarusian State. Sectoral government bodies - 
ministries and state committees - form and implement state policy in particular areas 
of public life: the economy, transport, industry, education, and health. 
  

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
221. 
 
 
Judicial institutions are bodies that resolve legal disputes that arise with the 
participation of citizens, legal entities, state bodies and organizations. The Belarusian 
judicial system consists of the Constitutional Court of the Republic of Belarus along 
with courts of general jurisdiction. Courts of general jurisdiction include the 
Supreme Court of the Republic of Belarus, regional (Minsk city) courts, regional 
economic courts (Minsk economic court), and district courts. The Constitutional 
Court is a body of constitutional justice, whose main task is to monitor the 
constitutionality of normative legal acts. In the exercise of its powers, the 
Constitutional Court performs its activities in two main forms – preliminary and 
subsequent constitutional control. In the form of preliminary constitutional control, 
the Belarusian body of constitutional justice reviews draft laws adopted by the 
National Assembly of the Republic of Belarus, evaluating them for compliance with 
constitutional-legal norms and constitutional-legal principles. Follow-up monitoring 
is aimed at identifying problems of law enforcement practice related to issues of legal 
uncertainty of legal norms. 
 
The President enjoys a special status in Belarus. According to part 1 of Art. 79 of 
the Constitution, the President is the Head of State, the guarantor of the 
Constitution, and of the civil rights and liberties of all of the Belarusian citizens. The 
President is the highest official of the state and at the same time the highest body of 
state power does not belong to any of the other branches of government and 
performs a special role. The President ensures the interaction of state bodies and 
mediates between them. 
 
The Constitution does not contain a list of republican state administration bodies, 
but instead uses the general formula "branch state administration bodies". 
Meanwhile, the constitutional-legal norms and principles fully apply to these 
institutions-ministries and state committees, by not only defining the foundations of 
their organization, but also establishing criteria for their effective functioning. 
 
The Ministry of Health of the Republic of Belarus is a republican body of state 
administration in the Belarusian State that ensures the implementation of a unified 
state policy in the field of health. It also is responsible for organizing medical 
assistance to the population, and ensuring the sanitary and epidemic well-being of 
the population and its drug supply. The Ministry of Health also organizes scientific 
research in the medical field, coordinates the activities of other bodies and 

222 MEDICINE, LAW & SOCIETY.   
 
organizations, including local executive and administrative bodies in the medical 
field, and implements other powers assigned to it by the legislation of the Republic 
of Belarus. 
 
Organizationally, the Ministry of Health includes health departments of regional 
executive committees – local executive and administrative bodies-and the health 
committee of the Minsk city executive committee; regional centers of hygiene, 
epidemiology and public health, Minsk city center of hygiene and epidemiology, city, 
district, zonal and district centers of hygiene and epidemiology in cities, as well as 
state organizations subordinate to the Ministry of Health. 
 
3 The Concept and essence of the constitutional right to health 
protection 
 
The right to health protection is one of the constitutional rights in Belarus, enshrined 
in the Basic law of the Belarusian State. Art. 45 of the Constitution regulates this 
most important constitutional socio-economic right. According to part 1 of this 
article, "Citizens of the Republic of Belarus shall be guaranteed the right to health 
care, including free treatment in at state health-care establishments." (Constitution 
of the Republic of Belarus, 2004). 
 
One of the key questions in this regard, however, is what exactly is meant by the 
right to health protection and what does that right encompass. The answer to these 
questions, in turn, determine the assessment of legislative acts regulating its 
implementation, as well as the assessment of the State for its sociality and 
democracy, two of the most important principles of the constitutional structure of 
the Belarusian State and society. 
 
The issue of the legal parameters of the constitutional right to health protection has 
not been sufficiently studied in the legal literature. In view of this, the boundaries of 
this general legal right have been interpreted variably, sometimes even in 
contradictory ways, thus compromising this protection. 
  

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
223. 
 
 
As suggested by Agievets (Agievets, 2003: 15), the right to health care can be defined 
as set forth in the legislation powers which provide citizens the opportunity to obtain 
health and other medico-social services in their choice of qualified medical facilities, 
and to take necessary steps to claim protection in the event of a breach of these 
rights. According to Otstavnova (Otstavnova, 2011), the right to medical care, which 
is a component of the more general right to health protection, consists of a number 
of constituent elements/rights including the right to receive free medical care in state 
and municipal institutions or in private health care institutions, to receive voluntary 
medical insurance, preferential prosthetic, orthopedic and dental care, social security 
with medicines, medical expertise; sanatorium treatment, medical and genetic 
examination of persons entering into marriage; information regarding health status; 
the right to be a blood donor and to donate organs and tissues for transplantation, 
artificial insemination; preventive measures for health protection by the state and 
the employer, etc. From the point of view of Timofeev (Timofeev, 2017: 112), 
subsumed within the broad right to health protection and medical care are also the 
rights to not only affordable but also high-quality medical care. Further, the concept 
of health protection also includes the rights of preserving health, strengthening 
health, and restoring health by receiving medical care. Thus, the right to health care 
is essentially an entire panoply of opportunities related to health, care and treatment, 
characterized by accessibility and quality. 
 
The wording of the constitutional-legal norm contained in Art. 45 of the 
Constitution links the right to medical care not only with treatment in health care 
institutions, including in-state institutions, and provided free of charge, but also with 
the creation of conditions for medical care accessible to all individuals. 
 
The issue of the essence of the constitutional right to health protection was the 
subject of consideration by the body of constitutional justice of the Republic of 
Belarus – the Constitutional Court. Considering the constitutionality of the Law of 
the Republic of Belarus on amendments and additions to the Law of the Republic 
of Belarus "On health care" as a mandatory preliminary control, the Belarusian 
Constitutional Court states in its decision of 5 June 2014 no. R-924/2014 that the 
right to health protection is "guaranteed in the conditions of the Belarusian state”. 
In explaining its decision, the Constitutional Court made it clear that the general 
right to health includes free treatment in public health institutions, the creation of 
conditions for medical care available to all citizens by the state, the development of 

224 MEDICINE, LAW & SOCIETY.   
 
physical culture and sports, adoption by the state of measures to improve the 
environment, to provide opportunities to use health facilities, and to improve labor 
protection. 
 
The right to health protection in the Belarus is specified in the Law of the Republic 
of Belarus on Health Care of June 18, 1993 No. 2435-XII (with amendments and 
additions) (hereinafter Health Care Law). Art. 4 of this Law emphasizes that the right 
to health protection encompasses, first of all, the right to affordable medical care. 
Affordable medical care means, on the one hand, the provision of "free medical care 
based on state minimum social standards in the field of health in public health 
institutions", and, on the other hand, the provision of paid medical care. In 
particular, citizens of Belarus, foreign citizens, and stateless persons can receive 
medical care from not only state and non-state health organizations, but also from 
individual entrepreneurs at their own expense, legal entities' funds, and other sources 
not prohibited by Belarusian law. The state controls the provision of such medical 
care, since it can only be provided in accordance with the procedure established by 
law. The right to receive medical care, and the right to health, according to the Health 
Care Law, includes the availability of medicines and the implementation of measures 
on sanitary-epidemiological welfare of the population that undergo medical 
examinations. 
 
The constitutional right to health protection in Belarus is not limited to free medical 
care in public health institutions and the state system for ensuring the availability of 
medicines. More broadly, it also includes informed voluntary consent to medical 
intervention; the choice of the attending doctor and health organization; 
participation in the choice of methods of medical care; obtaining in an accessible 
form information about the state of one's own health, the methods used to provide 
medical care, as well as the qualifications of the attending physician and other 
medical professionals directly involved in providing medical care; selecting persons 
who can be informed about the state of one's health; refusing to accept medical care, 
including medical intervention, except in cases stipulated by law; participation in 
health organizations whose conditions meet sanitary and anti-epidemic requirements 
and allow to the patient to exercise the right to safety and protection of personal 
dignity; and, respectful and humane attitude on the part of health workers. 
 

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
225. 
 
 
The right to health protection is also closely linked to other constitutional rights and 
freedoms. According to Timofeev (Timofeev, 2019: 23), from the point of view of 
the constitutional dimension, "human health is a natural condition for the 
implementation of the rights and freedoms of the individual proclaimed by the 
Constitution, and therefore, a natural condition for a decent life”. Indeed, in 
accordance with part 1 of Art. 25 of the Belarusian Constitution, the State guarantees 
the freedom, inviolability and dignity of the individual. Personal dignity is a 
constitutional value. In another research work, the author highlighted that "respect 
for the dignity of the individual is the recognition of the right to a decent standard 
of living. Part 2 of Art. 21 of the Constitution of the Republic of Belarus enshrines 
the right of everyone to a decent standard of living, including adequate food, 
clothing, housing and constant improvement of the necessary conditions. The most 
well – known way to meet your needs at a decent level is to ensure the right to work, 
the right to rest, the right to housing and the right to education, the right to health 
and social security" (Shupitskaya, 2018: 33-41). 
 
These studies demonstrate that Belarus has established and operates a sufficiently 
developed system of normative legal acts regulating the right to health protection. 
These include constitutional principles and norms, laws adopted by the Parliament, 
acts of the President of the Republic of Belarus and the Belarusian Government, the 
Ministry of Health and local authorities. 
 
4 Normative bases of the right to health protection in the Republic of 
Belarus 
 
The legislation of Belarus, bonding the constitutional right to health includes, in 
addition to the Belarusian Constitution, laws, acts of the President, decisions of the 
Belarusian Government – the Council of Ministers, normative legal acts of the 
Ministry of Health, other State bodies, as well as international treaties of the Republic 
of Belarus. 
 
The Belarusian Constitution is the Fundamental Law of the State and therefore has 
the highest legal force and heads the hierarchy of the entire system of normative 
legal acts of the Belarusian State. The Constitution defines the foundations of the 
constitutional structure of the state and society. As previously discussed, under Art. 
1 of the Constitution, Belarus, is a unitary democratic social state ruled by law. These 

226 MEDICINE, LAW & SOCIETY.   
 
are the most significant constitutional-legal principles, among which the following 
should be mentioned. First, the republican form of government. The Belarusian state 
is a mixed republic. Also of importance is the unitary nature of the state. 
Unitarianism assumes that Belarus has a unified system of legislation and a unified 
system of state bodies, some of which are related to the regulation of public relations 
in the field of health. Belarus has a unified policy in the sphere of ensuring the health 
of citizens, which is also determined by the unitary nature of the state. Democracy, 
as the most important constitutional and legal principle, permeates the internal 
policy of the state. Sociality focuses on protecting the interests of the individual and 
supporting the most vulnerable categories of the population. A legal state is a state 
in which the rule of law, legal law, and the activities of state bodies are related to the 
implementation of the principle of separation of powers. 
 
The Constitution also contains a provision according to which "man, his rights, 
freedoms and guarantees for their attainment manifest the supreme goal and value 
of society and the state", as well as the principles of legality (Art. 2), priority of 
universally acknowledged principles of international law (Art. 8), and the principle 
of equality (Art. 22). 
 
The Belarusian Constitution defines the powers of the highest state authorities in all 
spheres of public life, including health care. 
 
The President of the Republic of Belarus, as the Head of State, ensures the 
implementation of internal policy in the state, including in the field of health, 
appoints the Minister of Health, and has the right to issue decrees that are binding 
on the territory of the state, and in particular, in the sphere of specifying the 
constitutional right to health protection and how these protections are to be 
administered. 
 
In accordance with the Basic Law of the Belarusian State, the Parliament, which is 
the National Assembly of the Republic of Belarus, as a representative and legislative 
body, adopts laws "on approving the main directions of domestic and foreign 
policy", "on... health care", "on environmental protection and rational use of natural 
resources" (Articles 97 and 98 Constitution of the Republic of Belarus). 
 

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
227. 
 
 
The Council of Ministers of the Republic of Belarus – the Belarusian Government 
– is the central body of state power. It manages the system of subordinate bodies, 
including the health system. The government ensures the implementation of state 
policy in the field of health, takes measures to ensure the rights and freedoms of 
citizens, and implements regulatory legal acts on the territory of the state. 
 
At the local level, the bodies responsible for the health sector are local councils of 
deputies and executive and administrative bodies – executive committees, 
administrations and their departments. 
 
The previously mentioned Health Care Law was amended as of October 21, 2016 
and consists of 12 chapters, combining 65 articles. The Health Care Law defines the 
main concepts used in the sphere of legal regulation of health care; basic principles 
of the state policy in the field of public relations; organization of health care in 
conditions of the Belarusian State; the rights and obligations of patients and 
healthcare workers; and, features of providing medical care to certain categories of 
citizens and issues of providing medicines and other medical products and means to 
those in need. 
 
The principles of state policy defined by the Health Care Law are industry-specific 
basic ideas that help to shape the constitutional and legal principles of the Belarusian 
State and society, such as the principles of justice, equality, and humanism. Thus, the 
principle of ensuring the availability of medical services, including medicines, is a 
manifestation of the principle of fairness. The priority of providing medical care for 
minors, women during pregnancy, childbirth and the postpartum period, disabled 
people and veterans are expressions not only of the principles of justice and 
humanism, but also of the constitutional and legal principle of equality. The 
constitutional and legal principle of proportionality is manifested in the principles of 
forming a responsible attitude of the population toward the preservation of their 
health and the responsibility of state bodies and organizations for the health of the 
population as well as the responsibility of the employer for the health of their 
employees. 
  

228 MEDICINE, LAW & SOCIETY.   
 
The Health Care Law also defines the types of medical care provided to individuals 
within the territory of the Republic of Belarus. These classifications consist of 
primary medical care; specialized medical care; high-tech medical care; medical and 
social care; and, palliative medical care. 
 
A special feature of the Health Care Law is that it contains rules regarding the 
regulation of such issues as changing and correcting gender identity, assisted 
reproductive technologies, sterilization, artificial termination of pregnancy, and 
euthanasia. 
Among significant legislative acts regulating the right to health protection are also 
such laws as the Law of the Republic of Belarus of April, 17, 1992 "On veterans"
1
, 
the Law of the Republic of Belarus of November 11, 1991 "On social protection of 
disabled people of the Republic of Belarus"
2
, the Law of the Republic of Belarus of 
August 1, 2002 "On citizenship of the Republic of Belarus"
3
, the Law of the 
Republic of Belarus of June 23, 2008 "On granting foreign citizens and stateless 
persons refugee status, additional and temporary protection in the Republic of 
Belarus”
4
, the Law of the Republic of Belarus of January 4, 2010 "On the legal status 
of foreign citizens and stateless persons in the Republic of Belarus"
5
, among others. 
 
Legal acts issued by the President also regulate the provision of medical care. Among 
them, it is necessary to highlight the Decree of the President of the Republic of 
Belarus dated August 25, 2006 No. 530 "On insurance activities"
6
.This Decree 
provides that entities such as the Republic of Belarus, its administrative-territorial 
units, state bodies, and state legal entities shall insure property interests in the types 
of insurance related to life insurance only for insurance organizations that are state 
legal entities. However, the legal entity of the Republic of Belarus and foreign legal 
entities carrying out activities within the territory of the Republic of Belarus, citizens 
of the Republic of Belarus permanently residing in the Republic of Belarus, and 
persons without citizenship must insure their property interests in Belarus only with 
 
1
 Law of the Republic of Belarus On veterans of April, 17, 1992. 
2
 Law of the Republic of Belarus On social protection of disabled people of the Republic of Belarus of November, 
11, 1991. 
3 
Law of the Republic of Belarus On citizenship of the Republic of Belarus of August, 1, 2002. 
4 
Law of the Republic of Belarus On granting foreign citizens and stateless persons with refugee status, additional 
and temporary protection in the Republic of Belarus of June 23, 2008. 
5
 Law of the Republic of Belarus On the legal status of foreign citizens and stateless persons in the Republic of 
Belarus of January, 4, 2010. 
6
 Decree of the President of the Republic of Belarus On insurance activities of August, 25, 2006. 

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
229. 
 
 
commercial organizations established for conducting insurance activity and having 
special permits (licenses) to conduct insurance activities in the Republic of Belarus, 
unless otherwise established by the President. 
 
As mentioned above, the Ministry of Health plays a key role in ensuring the 
constitutional rights of Belarusian citizens to health protection. It has the power to 
issue regulations specifying constitutional-legal principles and constitutional-legal 
norms in the field of health care. Thus, the Decree of the Ministry of Health dated 
May 7, 2009 No. 49 "On approval of the Instruction on the procedure for mandatory 
medical examination of foreign citizens and stateless persons applying for refugee 
status or additional protection in the Republic of Belarus"
7
 defines the procedures 
for mandatory medical examinations of foreign citizens and stateless persons 
applying for refugee status or additional protection in the Republic of Belarus. 
 
Resolution of the Ministry of Health of August 12, 2016 No. 96 "On approval of 
the Instructions on the procedure for conducting medical examinations"
8
 approved 
the procedure for conducting medical examinations of adults and children in the 
Republic of Belarus. In accordance with the above-mentioned Instructions, 
dispensary medical examinations and dispensary monitoring are conducted in 
Belarus. The examination includes medical services related to the health check 
9
and 
the required medical interventions. Dispensary monitoring is a medical monitoring 
of the state of the health of citizens, depending on the group of that is the subject 
of the monitoring. Under this system, medical examinations are conducted by health 
care institutions that provide medical care in outpatient conditions at the place of 
residence, place of work, place of study, as well as other health organizations. 
According to the Instructions, these medical examinations are performed directly by 
district internists, district pediatricians, general practitioners, and other specialist 
doctors. 
  
 
7
 Decree of the Ministry of health of the Republic of Belarus of May, 7, 2009 No 49 On approval of the Instruction 
on the procedure for mandatory medical examination of foreign citizens and stateless persons applying for refugee 
status or additional protection in the Republic of Belarus. 
8
 Resolution of the Ministry of Health of the Republic of Belarus of August 12, 2016 on approval of the Instructions 
on the procedure for conducting medical examinations. 
 

230 MEDICINE, LAW & SOCIETY.   
 
Local authorities and administrations are also among the state bodies whose 
activities are related to health. Accordingly, the decisions of local authorities and 
administrations are also intended to regulate the issues of health protection of 
citizens living in a certain territory. So, for example, from April 1, 2020 on the 
territory of the city of Grodno (Republic of Belarus) the decision of the Grodno city 
executive committee, a local government body, has entered into force, approving a 
plan of measures to prevent and reduce the spread of acute respiratory infections, 
including those caused by coronavirus.
10
 This plan includes measures such as 
preventing employees with signs of respiratory infections from working This plan 
also stipulates that employees who arrived from abroad before the expiration of their 
self-isolation period could not work. Organizations of all forms of ownership are 
obligated to conduct wet cleaning using disinfectants at least once a day and to air 
the premises as often as possible. The plan also requires that public places shall be 
equipped with dispensers with antiseptics, liquid soap, and, if necessary, personal 
protective equipment. This decision also mandates all trade workers to wear medical 
masks and disposable gloves. The decision recommends that all persons in shopping 
facilities observe a social distance of at least one meter. In catering facilities, tables 
are requested to be placed at a distance of at least 1.5 meter apart. Exhibitions, 
presentations, fairs and other indoor events were canceled in the city; sports, cultural, 
entertainment and other events were restricted. Discos have been suspended, and 
sports and fitness halls, reading rooms, and libraries have been restricted. Hookah 
smoking is prohibited in public catering facilities. 
 
5 State, problems and perspectives of realization of the right to health 
protection in the modern Belarusian state 
 
The state health care system in Belarus is based on the principles of justice, equality, 
humanism, and other important constitutional-legal principles. 
 
The health care system is funded through the state budget. Currently, there are about 
600 healthcare organizations that provide medical care in inpatient settings and 
about 1,500 outpatient organizations; 17 state-owned research and practice centers; 
143 centers of hygiene and epidemiology; more than three thousand pharmacies; 
and, 134 emergency medical stations (Health care in Belarus, 2020). The health care 
 
10
 Decision of the Grodno city executive committee of March 31, 2020 on establishing an action plan. Plan for the 
prevention and reduction of acute respiratory infections, including those caused by COVID–19 coronavirus. 

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
231. 
 
 
system consists of four levels, ranging from paramedic and midwifery centers to 
national research and practice centers. 
 
The following are state-owned scientific and practical centers that exist in the 
country: "Cardiology", "Mother and child", "Organ and tissue transplantation", 
"Neurology and neurosurgery", "Transfusiology and medical biotechnologies”, 
"Traumatology and orthopedics" and others (Health care in Belarus, 2020). These 
centers provide a close link between science and practice, without which there would 
not be so many new technologies introduced into the treatment and diagnosis of 
diseases. 
 
The health systems of only three post-soviet countries outside the European Union 
were ranked in the top 50 most effective in the world – Belarus, Georgia and Russia. 
The Republic of Belarus ranks 40th in this international ranking, scoring 40.6 points 
out of 100 possible; Georgia-45th (38.3 points), Russia – 50th (37.6 points) 
(Belarusian medicine, 2020). 
 
The undoubted advantage of the Belarus health care system is the special attention 
the state pays to the move vulnerable segments of the population – children, women 
with children, and the disabled. Today, Belarus is among the top 50 countries in the 
world in terms of pregnancy management and delivery by qualified medical 
personnel. 
 
One of the important aspects of implementing the right to medical care in Belarus 
is creating conditions for surrogacy. Surrogacy is a type of assisted reproductive 
technology. In August 2006, for the first time in the Republic of Belarus, the 
possibility of concluding a surrogacy contract was established at the legislative level. 
 
Another area of public importance relates to the development of human tissue and 
organ transplantation. In this sphere, the Republic of Belarus strictly respects the 
freedom, inviolability and dignity of a person. Moreover, the inviolability and right 
to privacy in the sense of self-control are guaranteed to the individual even upon 
death. The implementation of these rights in the field of transplantation is ensured 
by the following norms established by the Law of the Republic of Belarus of March 
4, 1997 No. 28-Z “On human organ and tissue transplantation”. Human organs and 
(or) tissues may not be the subject of civil transactions, except for transactions that 

232 MEDICINE, LAW & SOCIETY.   
 
are gratuitous. Making paid transactions, as well as advertising the demand and (or) 
offers of human organs and (or) tissues are prohibited (part 4 of Art. 5 of the Law). 
Organ collection from a living or deceased donor and transplantation may be 
performed only by state health organizations in accordance with the procedure 
established by the relevant legislative acts (Art. 6 of the Law). As living donors 
according to Art. 7 of the Law, only the recipient's spouse or close relative can act. 
The living donor must be provided with a written warning about the possible health 
risks associated with the procedure. Organs and tissues may be taken from 
presumptive the donor only following the donor’s voluntary, written consent which 
must be properly notarized (Art. 8 of the Law). Consent to the collection of organs 
can be withdrawn at any time before the start of the collection of organs (part 2 of 
Art. 9 of the Law). A more problematic issue concerns the question of consent to 
transplantation after death. The Belarusian legislator has taken the path of presuming 
an individual's consent to take organs and tissues for the purpose of transplantation 
survives the donor’s death. The procedure will not be carried out only if a written 
statement of disagreement on the selection of organs for transplantation is submitted 
to the health organization after the death of a capable citizen (Art. 10-1 of the Law). 
 
As in any country, the Republic of Belarus has certain problems related to ensuring 
citizens' right to health protection. These include lengthy waiting lists to receive in 
clinics, workload of doctors, insufficient prestige of the profession, and the lack of 
development of insurance medicine. 
 
Minimization and elimination of these problems will contribute to increasing the 
constitutional right to health protection. ,Improvement of public health indicators 
based on further improvement of the quality of medical services, the provision of 
unified social standards of medical care for everyone, regardless of their place of 
residence, the expansion of the use of high-tech equipment and information 
technologies through increased public investment in healthcare, the development of 
public-private partnerships, expanding the range of paid medical services (while 
maintaining the possibility of receiving the necessary treatment on a free basis) will 
also help to achieve this goal . The long-term tasks of Belarus in the sphere of public 
health also include developing preventive measures such as methods promoting 
citizens’ healthy lifestyles, providing high-quality and affordable medical care, and 
ensuring the sanitary and epidemic well-being of the population. Achieving these 
goals will go along way toward preserving the foundations of the state health system 

A. Shupitskaya:  
The Constitutional Right to Health Protection in Belarus 
233. 
 
 
and protecting the constitutional rights of citizens to health protection It also is 
critical to strengthen the responsibility of executive bodies of the state at all levels in 
order to implement all areas of state health policy. Lastly, both state entities (organs 
of the state) and citizens themselves must work together in a partnership to better 
ensure the health of all Belarusian citizens. 
 
6 Conclusions 
 
Constitutional and legal principles and norms comprise the legal bases of the right 
to health protection in the Republic of Belarus. Detailed regulation of this most 
important constitutional right is effectuated at the level of normative legal acts of 
the Republic of Belarus adopted by various state bodies. Protecting the health of 
citizens is a critical area of activity of the Belarusian State, and is constantly the focus 
of its attention. This is a consequence of the development of sociality as one of 
Belarusian’s significant constitutional and legal principles. 
 
 
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