Ensuring the Health of the Nation as a Determinant of Innovations in Law Enforcement and Judicial Activities

Abstract

The Constitutional Court of the Russian Federation has repeatedly stated the extreme importance of human life and health as values without which all other benefits lose their relevance. Despite this approach, practicing law upholders and law-makers are constantly faced with a dilemma between ensuring the human health and following public interests in a different dimension of the state activity. The purpose of this paper is 1) to substantiate the system-forming role of such vital values as preservation of human life and health in law-making and law enforcement, and 2) to determine the vector of legal regulation in the field of public health protection. The authors have analyzed the transformation of the legal regulation of relations aimed at ensuring the health of the nation in a number of key areas: the health of minors, high-tech medicine, the balance of interests of a doctor and a patient in law enforcement, digitalization of medicine and its impact on relations in the field of personal data protection, artificial intelligence in medicine, advanced legal regulation of the constituent entities of the Russian Federation in the field of healthcare. Based on the Russian and foreign legislation, the practice of the courts of the highest instance and the lower courts, the authors have proved a determinative influence of the constitutional obligation of the state to ensure the rights to life and health on the legal regulation and law enforcement. Proposals have been made concerning the need to finalize legal acts aimed at detailing the regulation of issues in these key areas.