Legal regulation of medical technology exports: Russian and world experience

Abstract

The purpose of the study is a comparative analysis of the experience of public law regulation of the export of medical technologies in the Russian Federation in relation to foreign legislation. The objectives of the study are: the concept of legal regulation of the export of medical technologies in the national export system, as well as the practice of legal regulation of public relations related to the export of medical technologies and their differentiation with medical services and other forms of transfer of medical care. The experience of the COVID-19 coronavirus infection pandemic and other emergency situations of a sanitary and epidemiological nature suggests the possibility of forming the export potential of medical technologies in Russia. The russian legislation on foreign economic activity concerns medical goods, services in the field of public health protection, but does not сoncern technologies in the field of medicine. The export of technologies of this kind comes into contact with various ethical, religious foundations of specific states[1]importers of medical technologies and requires a differentiated approach to the legal regulation of exports. These and other initial problems make it necessary to determine the conceptual framework of the export of medical technologies and the place of this phenomenon in the system of social relations regulated by the norms of law. The goals and objectives of the work determined the research methodology, which is based on comparative legal methods of legal comparative studies. The fundamental result of this work is the idea that the export of medical technologies is limited by the difference in the legislation on the protection of intellectual property in Russia and foreign countries. In this regard, it is necessary to proceed from the priority of the legislation of the country where such technology is exported subject to possible international and national restrictions.