Constitutional foundations of cross-border digital healthcare

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The purpose of the research is to look at the issues of legal regulation of information healthcare, consider the positive experience of international legal regulation to overcome legal gaps in digital healthcare, improve the quality of life of the population and the systemic functioning of information biomedicine based on the principles of mutually beneficial cooperation between Russia and foreign countries. It examines the historical aspects and modern trends of cross-border digital healthcare in accordance with international standards, positive and negative consequences of the information biomedicine impact on basic constitutional human rights and freedoms. The research analyzes national and international legislation, the main directions of constitutional regulation of digital biomedicine and proposes to create an effective mechanism for implementing national legislation on digital healthcare, based on the positive experience of international legal regulation and protection of basic constitutional human rights in order to prevent the use of ethically unacceptable methods. The following scientific methods have been applied in the research: theoretical, historical, empirical, classification and comparative legal analysis. The study identified the urgent need for holistic approach to transnational digital healthcare, characterized by integration of law and biomedicine, and constitutional regulation of the biomedical research approbation. It is worth mentioning that the practical research activities of medical professionals and lawyers are interrelated and require constant interaction and analysis of biomedical results and their legal justification. Therefore, the function of law is to regulate the limits of human intervention in information biotechnologies, identify and exclude all possible risks of approbation of scientific research and their results in the sphere of digital healthcare. The author believes that development of information biomedicine involves interplay of various spheres of knowledge based on scientific synergy of medical, legal, and ethical aspects, integration of interrelated legal and non-legal sciences. Given the importance of integrating the constitutional foundations of cross-border digital healthcare, the author proposes to create a single extraterritorial Concept of Transnational eHealth. It is essential to consider international experience in order to ensure proper protection of human rights in the sphere of information healthcare.

About the authors

Yanina V. Akimtseva

Peoples’ Friendship University of Russia

Author for correspondence.
ORCID iD: 0009-0000-3354-4889

Postgraduate student of the Department of Constitutional Law and Constitutional Proceedings, Law Institute

6 Miklukho-Maklaya str., Moscow, 117198, Russian Federation


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Copyright (c) 2023 Akimtseva Y.V.

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