Current Problems of Constitutional and Legal Strengthening and Realization of Somatic Rights in the Russian Federation

Abstract

In modern conditions of development of Russian society the study of realization of somatic rights and their legal consolidation is of particular importance due to the fact that there is practically no normative regulation and effective mechanism of their consolidation in the federal legislation. This problem entails spontaneity and uncontrolled emergence of legal relations based on this category of rights, leading to inconsistency of law with modern requirements of society. At the same time, somatic law is a very controversial and insufficiently researched category, in connection with which the purpose of this study is to identify the main problematic aspects of the legislative consolidation and implementation of some of the most common somatic rights in the Russian Federation. In the process of a comprehensive analysis of the category of somatic rights we have identified: the need to formulate a legal definition of somatic (personal) rights in order to prevent their identification with personal human and civil rights; the importance of dialogue with patients and medical workers regarding their attitude to the legalization of euthanasia and the development of the law «On Euthanasia»; establishing «communication» between state and municipal bodies, their officials and the population (especially teenagers) to provide them with competent information about gender.