Difficulties in implementing the right to medical care of the EAEU member States workers in the Russian Federation

Abstract

The Treaty on the Eurasian Economic Union provides for the creation of a common labor market and free movement of labor, which is impossible without a coordinated policy in the field of social relations. The attraction of foreign labor is facilitated not only by coordinated labor legislation, but also by social security, particular in the field of health protection. The need to provide guaranteed medical care to migrant workers is highlighted in many international instrument. However, citizens of the member States of the Union who are temporarily staying in the Russian Federation often face uncertainty about their legal status. The article analyzes the Russian legislation in the field of medical care to foreign citizens for compliance with the Treaty on the Eurasian Economic Union. Contradictions of the current legislation and law enforcement practice are revealed. In particular, the rules that provide for registration of both voluntary medical insurance policies (provided for temporarily staying foreign citizens) and mandatory medical insurance policies (provided for by the Treaty) do not facilitate the stay of the Eurasian Economic Union workers in comparison with citizens from other countries, but, on the contrary, involve additional procedures and expenses. It also does not correspond to the Treaty provisions a deprivation of guaranteed medical care for workers under civil law contracts and family members of migrant workers. The current judicial practice also does not contribute to the implementation of rights guaranteed by the Treaty. The elimination of these contradictions can help protect the rights of migrant workers, attract foreign labor, and create a common labor market within the Eurasian Economic Union countries.

Keywords:

medical care, migrant worker, Eurasian Economic Union, compulsory medical insurance, voluntary medical insurance