Conditions for the restriction of intellectual rights in the protection of the constitutional right of citizens to health protection

The article examines and substantiates the conditions under which it is possible to restrict intellectual rights, primarily patent holders, in order to protect the constitutional right of a citizen to health protection. The topic is becoming especially relevant in the modern Russian realities of foreign sanctions and the need to ensure the availability, in particular, of medicines and medical devices. Based on the analysis of legislation the author identifies the main goals of restricting rights related to health protection and possible initiators of these restrictions. Based on the results of the study of the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the restriction of rights, as well as on the basis of the analysis of doctrinal sources and the literal interpretation of the norms of sectoral legislation, the main conditions and criteria for restricting intellectual rights in the implementation of the constitutional right to health protection were specified, systematized and justified.