Russian Medical Law
Sources of Russian Medical Law
Article 41 of the Constitution of the Russian Federation guarantees the right to health protection and free medical care in state and municipal health institutions. The Federal Law on the Fundamentals of Health Protection in the Russian Federation No. 323-FZ of 21 November 2011 serves as the framework law governing health care relations. The Federal Law on Compulsory Medical Insurance No. 326-FZ of 29 November 2010 establishes the financial and organisational basis of the insurance system. Additional regulation comes from the Civil Code, the Criminal Code, and subordinate legislation of the Ministry of Health and the Government.
Compulsory Medical Insurance
The compulsory medical insurance system (Обязательное медицинское страхование, ОМС) provides basic health coverage for all citizens, financed through employer contributions and state subsidies. Employed persons are insured through the Federal Compulsory Medical Insurance Fund (ФФОМС), and the non-working population is covered by territorial funds. Voluntary medical insurance (Добровольное медицинское страхование, ДМС) supplements the basic package, offering access to private clinics and broader services. The basic ОМС programme covers primary care, emergency care, hospitalisation, and essential medications.
Rights of Patients
Article 19 of the Health Protection Law enumerates patient rights, including the right to free medical care under the programme of state guarantees, the right to choose a physician and a medical organisation, the right to information about one’s health, the right to refuse medical intervention, the right to pain relief, and the right to medical confidentiality. Patients also have the right to access their medical records and to consult other physicians.
Informed Consent
The doctrine of voluntary informed consent (добровольное информированное согласие, ДИС) is a legal prerequisite for medical intervention. The patient must provide written consent after receiving information about the purpose, nature, risks, and consequences of the proposed intervention. The form and content of the consent document are regulated by the Ministry of Health. For minors and incapacitated persons, consent is given by a legal representative. The patient has the right to withdraw consent at any time.
Medical Confidentiality
Medical confidentiality (врачебная тайна) covers information about the patient’s health, diagnosis, treatment, and other personal data obtained during examination and treatment. Disclosure is permitted only with the patient’s consent, except in cases provided by law, including the threat of mass infectious diseases, the transmission of information to law enforcement authorities in connection with criminal investigations, and the reporting of births and deaths to civil registry authorities.
Medical Malpractice and Liability
Medical malpractice liability arises under the Civil Code for harm caused to the patient’s life or health (Articles 1064–1101). Medical organisations bear liability for the actions of their employees. The Criminal Code imposes criminal liability for medical errors: Article 109 provides for liability for causing death by negligence, and Article 118 covers the infliction of grievous bodily harm by negligence. Administrative liability under the Code of Administrative Offences applies for violations of licensing requirements and sanitary rules.
Licensing and Telemedicine
Medical activities are subject to licensing by the Federal Service for Surveillance in Healthcare (Росздравнадзор). Licensing requirements include compliance with sanitary rules, equipment standards, and staffing qualifications. Telemedicine was formally introduced by amendments to the Health Protection Law in 2017, permitting remote consultations and remote monitoring. The law distinguishes between telemedicine consultations and the establishment of a diagnosis, with the latter generally requiring an in-person examination. The circulation of medicines is regulated by the Federal Law on the Circulation of Medicines No. 61-FZ of 12 April 2010, administered by the Ministry of Health.