Protection of human rights in the field of biomedicine in the practice of international and national judicial authorities

Background. The article examines the problems of ensuring the protection of human rights on the basis of judicial decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights. Judicial acts have repeatedly high-lighted the problem of violations of the right to privacy and confidentiality. This means that the existing legislation does not fully regulate the issue of the turnover of genetic personal data. The purpose of the work is to identify and analyze human rights issues in conducting biomedical research based on judicial acts of various courts. Materials and methods. The implementation of the research objectives was achieved based on the analysis of judicial decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights, which dealt with disputes related to human rights violations. The methodological potential includes the method of comparative legal analysis, which allows comparing the judicial decisions of the Constitutional Court of the Russian Federation and the ECHR and identifying relevant problems. Results. The reasons for the emergence of disputes related to the violation of human rights in the field of biomedicine are analyzed. The differences between the positions of the Constitutional Court of the Russian Federation and the ECHR on similar issues are considered. The problems and shortcomings of the current legislation have been identified. Conclusions. The study of the practice of international and national judicial authorities makes it possible to identify the features of the legal regulation of biomedical research in Russia and abroad. Despite a fairly wide range of both international and national regulatory legal acts, ensuring respect for human rights and dignity when conducting biomedical experiments remains a big problem. In this regard, people involved in these studies apply to the judicial authorities for violations of their rights.