Constitutional and legal protection of the somatic rights of individuals and citizens in the Russian Federation: a public law analysis.

The article is dedicated to the study of the constitutional and legal protection of the somatic rights of individuals and citizens in the Russian Federation. It substantiates the role and significance of somatic rights in the overall system of human and citizens' rights and freedoms, examining the current state of the constitutional and legal protection of human and citizens' rights and freedoms. The main problems hindering its optimal functioning concerning somatic rights are formalized and studied, in particular: a) the absence of a definition of the concept of "somatic rights" in the Constitution and legislation; b) the controversial attitude in Russian society towards a number of somatic rights; c) the lack of detail regarding some somatic rights in Russian legislation (for example, the right to surrogate motherhood services); d) the presence of a presumption of voluntary consent for posthumous donation in legislation; e) the lack of financial opportunities for certain categories of Russian citizens to exercise some of their somatic rights; f) the weak powers of public control subjects, including human rights and children's rights commissioners, which do not allow them to adequately protect the somatic rights and freedoms of citizens. The work employs a number of scientific research methods, including formal-logical; comparative-legal; historical-legal; statistical; sociological; and the method of analyzing specific legal situations. The study develops and justifies a system of measures to address the aforementioned problems, including: a) the formalization of the concept of somatic rights in the country's Constitution and legislation; b) a review of the composition of somatic rights in Russia considering public opinion; c) the adoption of a separate Federal law "On the Somatic Rights of Citizens in the Russian Federation," which will detail their concept, content, grounds, and conditions for implementation, as well as a mechanism for legal protection; d) the tightening of the conditions for the application of the presumption of voluntary consent for posthumous donation; e) the creation of a mechanism for targeted support for specific population categories from the budget to ensure their ability to exercise certain somatic rights; f) the establishment of real powers for public control subjects, federal and regional human rights and children's rights commissioners for the legal protection of somatic rights of individuals and citizens.