COVID-19: Legal Regulation of Universal Vaccination

Abstract

The topic of this article is relevant, first of all, due to the fact that at the moment it is objectively impossible to deny the acquisition of the COVID-19 pandemic andits consequences as a kind of main indicator of socio-economic processes and a mechanism for legitimizing the state system of regulation and management incovid and post-covid conditions. The subject of the article is the legal regulation of mandatory vaccination against COVID-19. The purpose of the study is to identifythe problems of legal regulation of the process of mandatory vaccination against COVID-19 through the prism of the human right to health protection and medicalcare in the system of universal values. This research is based on a combination of groups of general scientific methods (induction, deduction, analysis, synthesis) andspecial methods of legal science (formal legal, comparative legal and others). The authors carried out a conceptual analysis of the human right to health protectionand medical care in the context of domestic law, as well as administrative and legal aspects of mandatory vaccination against COVID-19 based on the analysisof the generalized experience of two macro-regions of Moscow and the Moscow region. According to the results of the study, the authors come to the following keyconclusions: firstly, the chief state sanitary doctor of the subject of the Russian Federation has an objective right dictated by the norms of domestic legislation toissue an executive-executive-administrative act on the mandatory vaccination in a pandemic; secondly, the employer is obliged to suspend from work (not to hire)citizens who refused vaccination only if it is a question of works named in the List of works, the performance of which is associated with a high risk of infectiousdiseases. Such measures cannot be applied to employees performing other types of work; thirdly, failure by an organization/individual entrepreneur to comply with resolution of the chief state sanitary doctor entails appropriate measures of legal responsibility provided for by the norms of the current legislation of the Russian Federation.