REALIZATION OF THE RIGHT TO INFORMATION ABOUT THE HEALTH STATUS OF THE FUTURE SPOUSE

Abstract

In the context of the dispositivity of the norms of family law, which enshrine the right of future spouses to undergo a medical examination before marriage registration, law enforcement practice is being formed, which makes it difficult to implement this rule of law. The reason is the absence of authorized entities who are obliged to inform about this right and the procedure for passing a medical examination. The purpose of the article is to identify contradictions in the practice of applying the norms of family law on medical examination of persons entering into marriage and to develop proposals to eliminate them. The subject of the study is the institute of personal rights and freedoms of spouses, which includes a dispositive rule on the right of future spouses to undergo a medical examination. The result of the study is proposals for amendments to family law and legislation in the field of health protection. The novelty of the research lies in the generalization of the practice of legal support for medical examination of persons entering into marriage. Based on foreign and Russian experience, the opinions of the expert community, proposals for amendments to the family legislation of the Russian Federation are formulated. For the science of family law, the article is of interest, since expert positions on key problematic aspects of medical examination are summarized, and the author's point of view on the need to replace the dispositive norm with an imperative norm is substantiated. The component of scientific novelty is the author's assessment of foreign experience in regulating legal norms, based on the belonging of states to the Romano-German or Anglo-Saxon legal systems.

Keywords

• institution of marriage
• medical examination of persons
• invalidity of marriage
• personal non-property rights
• medical secrecy