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.