On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 13, 2020 No. 1-P

On the case of check of constitutionality of parts 2 and 3 of Article 13, Item 5 of part 5 of Article 19 and part 1 of article 20 of the Federal law "About Bases of Protection of Public Health in the Russian Federation" in connection with the claim of the citizen R. D. Svechnikova

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of parts 2 and 3 of Article 13, of Item 5 of part 5 of Article 19 and part 1 of article 20 of the Federal law "About Bases of Protection of Public Health in the Russian Federation".

Reason for consideration of the case was the claim of the citizen R. D. Svechnikova. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the declarant of legislative provision.

Having heard the message of the judge-speaker Yu. M. Danilov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to article 13 of the Federal Law of November 21, 2011 No. 323-FZ "About bases of protection of public health in the Russian Federation", the medical secret regulating questions of observance, does not allow disclosure of the data which are medical secret including after the death of the person, persons to whom they became known during the training, execution of the labor, job, service and other responsibilities, except as specified, established by parts 3 and 4 of this Article (part 2); from written consent of the citizen or his legal representative disclosure of the data which are medical secret, to other citizens, including officials for the purpose of physical examination and treatment of the patient, carrying out scientific research, their publications in scientific publications, uses in educational process and in other purposes is allowed (part 3).

The Item 5 of part 5 of article 19 of this Federal Law provides the patient's right to receipt of information on the rights and obligations, condition of the health, the choice of persons to which for the benefit of the patient information on state of his health can be transferred.

Owing to part 1 of article 20 of this Federal Law the necessary precedent condition of medical intervention is giving the informed voluntary consent of the citizen or his legal representative to medical intervention based on provided by the health worker in available form of the complete information of the purposes, methods of delivery of health care, the related risk, possible options of medical intervention, about its effects, and also about expected results of delivery of health care.

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