Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

Ethical conflicts around the procedure preimplantation genetic diagnosis and their overcoming by legal remedies based on foreign experience

2020 ◽  
Author(s):  
N.A. Altinnik , V.V. Komarova , M.A. Borodina et all
Keyword(s):  
Great Britain ◽  
Preimplantation Genetic Diagnosis ◽  
Genetic Diseases ◽  
Genetic Diagnosis ◽  
Legal Regulation ◽  
Regulatory Requirements ◽  
Foreign Experience ◽  
Legal Remedies ◽  
Ethical Conflicts ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical conflicts arising over the use of preimplantation genetic diagnosis (PGD) and to identify ways to overcome them by legal means, taking into account existing foreign experience. Materials. The legal acts and doctrinal sources of Australia, Great Britain, Canada, China, New Zealand, USA are investigated. The methods used are: general philosophical, general scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical conflicts around the PGD procedure that are relevant for use in Russian conditions are proposed. Conclusions. It was established that the resolution of ethical conflicts around the procedure should be based on state legal regulation of requirements related to informing patients about the content of the services provided and the consequences of the procedure, methods and procedures for the independent interpretation of the results. In addition to the official fixing of the list of genetic diseases, for the presence of markers which are allowed to conduct research, the legislation on the protection of the health of citizens must establish a procedure for authorizing PGD in exceptional cases, as well as factors and circumstances that must be taken into account and evaluated when an appropriate decision is made (including the features of a family history, an assessment of the degree of impaired function of the organism, the state of individual organs and their systems during development of the corresponding disease, etc.). Regulatory requirements can be supplemented and developed in the content of professional manuals

scholarly journals DISTINCTIVE FEATURES OF THE LEGAL REGULATION OF GENETIC SCREENING IN THE IMPLEMENTATION OF PRENATAL DIAGNOSIS (PND) IN FOREIGN COUNTRIES

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 49-56
Author(s):  
M.V. Medvedev ◽  
◽  
S.S. Zenin ◽  
G.N Suvorov ◽  
◽  
...  
Keyword(s):  
Prenatal Diagnosis ◽  
Reproductive Health ◽  
Genetic Screening ◽  
Reproductive Function ◽  
Legal Regulation ◽  
Distinctive Features ◽  
Number Of Children ◽  
Foreign Countries ◽  
The Social ◽  
Biological Health

The reproductive function of man, at all times in any state, has been a determining indicator of the social and biological health of society. In this regard, the birth of a healthy and full-fledged offspring, as well as the preservation of the reproductive health of the population, acquires special urgency. For society and the state, it is primarily important not only the number of children born over a certain period of time, but also how many of them will be born healthy. The study is devoted to identifying the distinctive features of the legal regulation of genetic screening for prenatal diagnosis (PND) in foreign countries for the possible reception of the most successful solutions in the domestic legal system

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals Legal status of diplomatic workers: rights, state guarantees, encouragement

2013 ◽  
pp. 121-126
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

THE ROLE OF POLITICAL PARTY FACTIONS IN PARLIAMENT: NATIONAL AND FOREIGN EXPERIENCE

2021 ◽  
Vol 6 (7) ◽  
pp. 37-43
Author(s):  
Ikhtiyor Bekov ◽  
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Basis ◽  
Foreign Experience ◽  
The Republic

This article is devoted to the issues of constitutional and legal regulation of the legal status of factions of political parties in the parliament. In the article, the constitutional and legal basis of the activity of factions of political parties in the Republic of Uzbekistan has been studied based on comparison with national and foreign experience and its specific features have been revealed. The scientific works of national and foreign researchers on the stages of formation and development of the legal basis of the activity of factions of political parties in the Republic were been analyzed

Peculiarities of Individual Judicial Regulation of Relations with Participation of Peasant (Farm) farms

2021 ◽  
Vol 2 ◽  
pp. 27-33
Author(s):  
V.A. Chirkova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Peasant Farm ◽  
Legal Document ◽  
General Scientific ◽  
The Law

The legal regulation of relations with the participation of peasant (farmer) farms is complicated by the absence of a single legal act that would consistently cover all the rules governing the creation and activities of known types of peasant farms, which include: a sole peasant farm represented by an individual entrepreneur, a contractual association of citizens without the formation of a legal entity and peasant farms as the legal form of a legal entity. Individual judicial regulation, possessing a sign of feedback for legal regulation, can help increase its effectiveness. The purpose is to study the characteristics of individual judicial regulation of relations with the participation of peasant (farmer) enterprises on the example of individual judicial acts, as well as suggesting ways to resolve the problems identified. To achieve the stated goal, the following tasks were set: – designation of peasant farms confirmed by court decisions on disputes involving them; – the identification and study of the features of individual judicial regulation of relations with the participation of these types of peasant farms; – consideration of the possibility of application by courts of an analogy of the law in relation to peasant farms; – suggesting ways to address the identified problems of individual judicial regulation of relations with the participation of peasant farms. The methodological basis of the study consists in the use of general scientific (dialectics, analysis and synthesis) and private scientific research methods (formal legal, document analysis method). Brief conclusions of the study. 1. The marked differentiation of types of peasant farming makes it possible to specify the features of legal and individual regulation of each of them, and also makes it possible to exclude the accidental application of improper legislation in relations with the participation of peasant (farm) farms. 2. To determine the characteristics of individual types of farms, it is necessary to accurately determine the basis for the occurrence of each of them. 3. The application of the analogy of the law to peasant farms as partnerships or societies should be excluded, and the full identification of farms with these legal entities should not be allowed. 4. A special law that would determine the particular legal status of the peasant economy as a legal entity in accordance with clause 5 of article 86.1 of the Civil Code has not yet been adopted.

Cryptocurrency as an object of tax law: practice of political application and legal regulation

2020 ◽  
pp. 24-30
Author(s):  
Dmytro Kobylnik ◽  
Anton Burchak
Keyword(s):  
Legal Status ◽  
Value Added ◽  
Legal Regulation ◽  
Control Measures ◽  
Tax Law ◽  
Scientific Article ◽  
Main Body ◽  
Foreign Experience ◽  
Tax Legislation ◽  
Legal Nature

Problem setting. The work is devoted to the study of the legal status of cryptocurrency as an object of taxation. The legal status of cryptocurrency in legal relations between tax authorities and individuals or legal entities is an urgent problem, since there is only a small number of works on this issue. Of particular note is the study of international experience in taxation of cryptocurrency transactions, as well as an analysis of the most relevant proposals for amending national legislation in order to establish the legal status of cryptocurrency and transactions related to cryptocurrency as an object of tax legal relations. Analysis of recent researches and publications. Despite the great relevance of this topic, in the modern science of tax law there are no fundamental scientific works and studies on the problems of taxation of cryptocurrency and cryptocurrency transactions. Target of research. The purpose of the scientific article is to conduct research on the legal nature of cryptocurrency, as well as the disclosure of theoretical, practical problems and features of legal regulation of cryptocurrency and operations related to the use of cryptocurrency in modern tax law. Article’s main body. The article deals with the legal nature of transactions connected with the use of the cryptocurrency as an object of tax relations. The issues of the possibility of attributing income, as well as profits from cryptocurrency transactions to the objects of taxation of personal income tax, profit tax, and value-added tax, are disclosed in accordance with the current tax legislation. The following conclusions have been drawn: it is impossible to impose the relevant taxes on income and profits from transactions with the cryptocurrency; there is a conflict in the current legislation, according to which the proceeds from transactions with cryptocurrency may be subject to the Law ‘On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime or Terrorism Financing, as Well as Financing Proliferation of Weapons of Mass Destruction’ In addition, foreign experience of legal regulation of transactions with cryptocurrency in tax legislation in such economically developed countries as the USA, Great Britain, Canada, Germany, Switzerland, etc. has been analyzed. It has been established that nowadays, in world practice, there is no unambiguous approach to the tax regulation and taxation of cryptocurrency transactions. So, in some countries, the income from operations with cryptocurrency is taxable, while in others cryptocurrency transactions do not belong to objects of taxation. Conclusions and prospects for the development. As a result, the author presents her own proposals on amending the tax legislation aimed at determining the legal status of cryptocurrency transactions in tax law. The article is devoted to the legal nature of transactions related to the use of cryptocurrency as an object of tax relations. Foreign experience of taxation of operations with the cryptocurrency is analyzed. The author considers current proposals for amending the tax legislation of Ukraine, who’s the purpose of which is to determine the legal status and control measures for compliance with tax legislation in the implementation of cryptocurrency transactions in tax law.

scholarly journals PUBLIC-PRIVATE PARTNERSHIP AS AN INSTRUMENT OF STATE INVESTMENT POLICY: ECONOMIC MODELS AND LEGAL REGULATION

2021 ◽  
Vol 4 (27) ◽  
pp. 28-34
Author(s):  
V.A. Kulikov ◽  
◽  
Keyword(s):  
Great Britain ◽  
Legal Regulation ◽  
The State ◽  
Investment Policy ◽  
Financial Policy ◽  
Private Partnership ◽  
Foreign Countries ◽  
The Russian Federation ◽  
State Investment ◽  
Legal Forms

The article presents the organizational and legal characteristics of public-private part-nership as one of the effective instruments of state financial policy. The origin of the PPP institute in foreign countries is considered: Great Britain, USA, etc. The branches of law regulating PPP in the Russian Federation are characterized. The advantages of PPP for the state and business are described: reducing the burden on the budget, access to state assets, synergy of the administrative resource of the state and the innovative po-tential of business, etc. The PPP models are characterized: ВОТ, DBOT, BOOT, etc., as well as organizational and legal forms of PPP implementation: concession, life cycle partnership, etc.

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