Constitutional and Legal Foundations of Experimental Legal Regimes in Healthcare

An experimental legal regime is crucial amid the introduction of digital technologies and the support of a competitive environment for the development of entrepreneurship. This is accompanied by the introduction of special regulation. The paper substantiates the thesis that such a regime affects the institution of the realization and protection of human rights. The paper analyzes the programs adopted by the Government, which establish an experimental legal regime as to digital innovations in the field of medical activity. The author considers constitutional principles of the experimental legal regime and the specifics of their implementation in relation to the field of public health protection. Two groups of principles are distinguished among them: those enshrined in the Constitution and legislation and those arising from the meaning of the provisions of the Constitution. It is noted that the Government of the Russian Federation has paid great attention to guarantees of human rights in the field of health protection, in particular, monitoring of medical care provided to citizens, internal control, maintenance by the subject of the experimental regime of the register of offenses, judicial form of protection. At the same time, the presence of legislative gaps and imperfection of legal technology complicate the realization of citizens’ rights and freedoms in the field of health protection under an experimental legal regime: the right to information, personal data protection, and compensation for harm. The paper substantiates the conclusion about the need to improve legislation on experimental legal regimes in the field of healthcare.

1. Dmitriev KA. The role of the program as a tool of public administration in Russia. Vestnik REU. 2012;5:87-94. (In Russ.).

2. Efremov AA. Problems of experimental rulemaking in the field of digital innovations. Vestnik Universiteta imeni O.Е. Kutafina (MGYu) [Courier of Kutafin Moscow State Law University (MSAL)]. 2019;12:53-60. (In Russ.).

3. Golovina AN, Gabsalikhova AN. State programs and their role in the activities of enterprises of the socio-cultural sphere. Vestnik nauki i obrazovaniya. 2021;15-2(118):6-12. (In Russ.).

4. Gribanov VP. The exercise and protection of civil rights. Moscow: Publishing House of Moscow State University; 1972. (In Russ.).

5. Khakimov EI. Suspension of the Russian law in the system of organizational (operational) sanctions. Vestnik KGU. 2018;4:276-281. (In Russ.).

6. Laptev VA. The Constitution of the Russian Federation as a primary source of entrepreneurial law. Lex russica. 2015;6:39-47. (In Russ.).

7. Naumov VB, Butrinovich YaN, Kotov AA. Ensuring the quality of legal regulation of experimental legal regimes. Rossiyskoe pravo: obrazovanie, praktika, nauka. 2020;3:40-49. (In Russ.).

8. Sushilnikov IS. Constitutional and legal foundations of experimental legal regimes. Teoreticheskaya i prikladnaya yurisprudentsiya. 2023;1(15):109-121. (In Russ.).

9. Tarasenko OA. The experimental legal regime is a testing ground for innovation and regulation. Vestnik SPbGU. Pravo. 2023;14(1):40-55. (In Russ.).

10. Zolotareva AB. Reflection of the principles of project and program management in the budget legislation of Russia. Ars Administrandi (Iskusstvo upravleniya). 2021;13(3):285-308. (In Russ.).