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Legal analysis of the use of health risk assessment in the field of sanitary and epidemiological well-being of the population

In recent years, when regulating relations in the field of ensuring the sanitary and epidemiological well-being of the population, risk-oriented supervision, and the population health risk assessment have been increasingly applied. The usage of these effective tools requires a clear legal framework. The article represents the analysis of the legal aspects of the usage of public health risk assessment and risk-based control (surveillance) in the field of the sanitary-epidemiological well-being of the population in the Russian Federation. Special attention is drawn to the problems of applying the methods for state sanitary-epidemiological surveillance. The analysis of draft laws related to this area and the legislation and experience of other countries is performed. The analysis of modern legislative changes regarding the application of risk-based supervision and the application of public health risk assessment allows concluding that the methodology for health risk assessment is an important tool in regulating relations in the field of ensuring the sanitary and epidemiological well-being of the population. Currently, there is a certain legal and regulatory framework for its use. But it needs improvement. As the experience of the “regulatory guillotine” carried out in many countries shows, this procedure allows eliminating many contradictions existing in regulatory legal acts. A risk-based approach is enshrined in the legislation of all EAEU member countries. At the same time, an analysis of the regulatory framework showed that a risk-oriented model was formed to a greater extent and is functioning in terms of classification (categorization) by the risk of harm to the health of legal entities (LE), individual entrepreneurs (IP) or their activities than risk-based supervision of products traded in the consumer market. The transition to a new model of state control (supervision) requires legal consolidation of the risk management system in the law on sanitary and epidemiological well-being and taking into account the experience of the EU and EAEU countries in this area.