[The procedural aspects of postmortem defense of non-material goods of patient].

The protection of privacy of patient that is applying for medical care, diagnostics and treatment is one of the main pillars of implementation of medical activities. However, despite sufficient volume of legal regulation of lifetime respect of privacy of examination, observation and facts of medical intervention, in practice occur situations when privacy ceases to be such after death of the patient. The article is based on results of content-analysis of normative legal acts (n = 11), scientific publications (n = 52), cases of judicial practice (n = 8). The problem of non-observance of privacy becomes especially actual after death of person whose name is widely known. Having no possibility to impact on causes and modes of obtaining and propagating such specific information, the deceased, one's illness, stages of treatment, struggle for life, resources spent, clinics and specialists involved become object of close attention of various subjects (mas media, Internet communities) that use obtained information for speculative purposes at the expense of fixation of inhumane public replicas and increase of number of browsing. Despite prohibition provided for by law of dissemination of information constituting privacy of applying for medical care, after death of patient and application of measures of legal liability for fact of such a disclosure, information leak occurs regularly and information that got into common access frequently discredit good name of the deceased or develop other problems that are subjects to legal protection, for family members and legal successors. Yet, circumstances of transfer of information of limited access by medical organization (data leakage) or by intent of medical worker are difficult to be proved. Therefore, in judicial practice there are practically no such cases. At that, after death of famous people, juristic community regularly faces problems of protecting personal rights and non-material values from the side of relatives, legal successors and other interested persons. On the basis of formal logical method and system analysis method of disputable situations, possible perspectives of applying for judicial protection, procedural characteristics of procedure of applying for protection and possible composition of participants are presented.

[The analysis of problems of supporting long-term nursing of individuals who lost their ability to self-care in Russia].

The article considers the issues of social assistance of long-term care of individuals who lost ability to self-care. The comparative analysis of established practices of social assistance of long-term care, of legal and financial support of family members implementing such a care in Russia and European countries is presented. The study was carried out using comparative jurisprudence methodology. The analysis of legislative acts of the European countries revealed possibility of including particular legal provisions concerning financing of long-term care and implementing contractual forms of regulation of employment of family members providing such care, in the Russian social welfare system. The study demonstrated inadequate efficiency of the Russian systems of legal protection and social assistance both individuals seeking long-term care and individuals implementing it, as compared with similar systems in the European countries. To improve these systems, it is necessary to recognize legislatively the care of relative who lost the ability of self-serve as labor function liable to payment based on minimum wage rate. To fix legislatively retention of workplace for caregiver for entire period of caring and/or grant him unpaid vacation for long period. It is necessary to adjust both amount of benefits for care of family member who lost ability to self-care and procedure of calculation of amount of pension benefit of caregiver. The study results can contribute to widening scientific and practical professional discussion in the field of public health, health care organization and social work concerning problems of optimization of means and modes of supporting long-term care of persons who lost ability to self-care. The study results can serve as ground for making amendments to national legislation to harmonize legal support of social welfare system and to improve protection of rights of family members caring relative who lost ability to self-care in conditions of forced loss of income.

Chapitre 2. Health in Russia, a basic topic: Risk strategies and socio-psychological aspects.

High mortality rates in the Russian Federation in all age cohorts, which are exacerbated nowadays due to the risk of contracting a new coronavirus infection, indicate the lack of programs to promote a healthy lifestyle in society, as well as the preservation of negative attitudes of society associated with any aspects of taking care of one’s health.Switching the public’s attention to self-preservation practices is not viable without considering the socio-economic and psychological conjuncture. Maintaining health requires both time and money, so for many people it remains a secondary task for many years, if the disease does not make itself felt.By appealing to the individual’s choice of a voluntary strategy of the preservation of their health, the state should make sure that they are ready to show a high level of self-awareness and culture. However, there is a stable tradition of risky behaviors in Russian society, in which ignoring the first signs of the disease, the transition of the disease to severe forms, and indifferenceе to the outcome of treatment became a social norm. In this vein, individuals show a disregard for new approaches and often aggravate their problem by resorting to alcohol and drugs, which leads to serious health related consequences.The study of aspects of an individual’s choice of risky life strategies showed the interdependence of the level of health preservation on the material and psychological well-being of a social group (i.e., family). The lower the satisfaction of an individual’s needs in society, the higher the apathy and tendency to addiction, which is often followed by crimes against the life and health of others or a tendency to suicide.

[On the strategic objectives of Russia and Japan's experience in creating jobs for citizens of a new age of working capacity: Economic and legal research.]

The increase in the duration of employment cannot but entail consequences that objectively reflect the realities of the labor market for the category of workers of pre-retirement age. The analysis of the situation in the labor market in modern economic realities allows us to highlight the global problem of obtaining and maintaining a job for the category of workers aged 50+. The prospects of its growth by the end of the transition period of change in the retirement age say experts from different industry areas. At the same time, there is currently an increase in the number of people who are actively looking for work and do not have a chance in employment as unpromising workers for the interests of the employer. Attempts to solve the problem of providing jobs for older workers at the state level are assessed as ineffective and not able to dramatically affect the improvement of the tasks of protecting the rights of people from unemployment and poverty. Referring to the experience of Japan, which has many intersections in the legislative and social aspects in solving the problems of creating and maintaining jobs for older workers with Russia, we will outline the possible prospects for solving this problem as an important strategic task of the state.

[On the correlation of guarantees of the labor rights of the elderly in Russia and Europe.]

Many lawyers, referring to the topic of guarantees for ensuring the labor rights of elderly people who receive a pension, begin the analysis from the provisions of Art. 19 of the Russian Constitution on the prohibition of discrimination and art. 3 of the Labor Code of the Russian Federation on the prohibition of discrimination. ILO Convention № 111 on Discrimination in Employment and Occupation [8] also does not mention the age as a discriminatory motive. At the same time, among the listed elements of Article 19 of the Constitution of the Russian Federation, there is no direct indication of age. Therefore, the issue of employment and retention of the workplace for an elderly employee, the payments due to dismissal, including in connection with the liquidation of the organization or the reduction of staff, is related in one way or another to the understanding of the essence of the labor rights of such persons by the bodies that protect labor rights of workers and justice. Controversial aspects often have fundamentally different approaches to application, thus requiring careful and cautious treatment without generalizations and formalism. Based on the analysis of judicial practice, ILO recommendations, WHO reports and other materials, we will reveal common and distinctive features in ensuring the labor rights of elderly people and old age pensioners and the quality of life in Russia and European countries.

[Problems and prospects of development of state programs aimed at maintaining the economic activity of citizens older.]

A long period of time in Russia, older people were considered only as the population aged, lost ability to work and in need of social and medical support from the state. However, many older people continued to work at the same place or looking for a job corresponding to the acquired status of the old-age pensioner. In the new political and economic realities, in connection with the inevitable increase of age of retirement, you must address the problem of securing and enforcement of labour and other social rights and legitimate interests of older persons, to reveal the problematic aspects of the economic activity of the elderly and to identify prospects in the state regulation of these issues.