Surrogacy: An international comparative analysis of the fundamental legislative principles of Ukraine

2019 ◽  
Vol 60 (1) ◽  
pp. 37-44 ◽  
Author(s):  
Svetlana M Sylkina ◽  
Nurlaiym K Mynbatyrova ◽  
Zhuldyz B Umbetbayeva ◽  
Gulmira K Shulanbekova ◽  
Dana U Baitukayeva
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Social Dimensions ◽  
International Comparative ◽  
Further Development ◽  
Individual Regulation

In contemporary societies, the use of assisted reproductive technologies has become increasingly widespread, justifying the need for proper legal regulation of the relevant relationships. The purposes of the article are to analyse the nature the content of the phenomenon of surrogacy, to assess the current legislation of Ukraine in this area and to produce a comparative analysis with the legislation of other states. The aim is to formulate recommendations and outline prospects for further development of national legal regulation of surrogacy relationships. Within the framework of this research, the regulatory matrix and individual regulation of surrogacy were subjected to a comparative analysis within the context of ensuring the rights and freedoms of those citizens implementing surrogacy. This assisted in revealing medical and social dimensions of the legal relations of surrogacy, determining their purpose, considering the specifics of concluding a surrogacy agreement and reviewing the legal status of subjects.

Law in Ensuring the Safety of Genetic Technologies Against their Use for Criminal Purposes

Lex Russica ◽  
2020 ◽  
pp. 47-53
Author(s):  
N. V. Kruchinina
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Economic Progress ◽  
Genetic Technologies ◽  
Criminal Groups ◽  
Definition Of

Genetic technologies offer wide prospects for socio-economic progress. At the same time, their application in practice could put at stake the interests of society, human rights and freedoms. Therefore, the development of genetic technologies requires its analysis from the standpoint of jurisprudence, thoughtful legislative regulation and protection from uncontrolled spread and criminal use. The paper analyzes different points of view on the use of genetic technologies. The author substantiates the necessity of proper legal regulation and security of the process of development of genetic technologies. The paper contains the results of the scientific research. The paper elucidates the problems related to the use of genetic technologies in the process of artificial human reproduction: imperfection of the legal framework (In particular, lack of the definition of the legal status of human embryo, lack of justification for the legality of its use for research and therapeutic purposes), the threat of the use of genetic technologies for criminal purposes. The author concludes that the use of genetic technologies for criminal purposes is especially dangerous because organized criminal groups focus their attention on genetic technologies. This gives rise to a special criminal situation that requires new approaches for effective counteraction. To this end, the priority is given to identification of crimes committed with the use of genetic technologies and analysis of the emerging practice of investigating this category of crimes. Failure to comply with standards, deviation from regulations and procedures imposed on medical care may result in harm to health or death also when the assisted reproductive technologies are used. The author has made some proposals to solve these problems with due regard to domestic and foreign experience in the use of genetic technologies in the field of human artificial reproduction (in particular, it is proposed to establish effective international cooperation in this area).

scholarly journals Consent to the Use of Artificial Reproduction and its Legal Significance for Establishing the Origin of the Child

Lex Russica ◽  
2020 ◽  
pp. 21-31
Author(s):  
D. A. Belova
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Best Interests ◽  
Artificial Reproduction ◽  
Legal Information ◽  
The Status ◽  
The Will

The paper is devoted to the study of problems related to the establishment of the origin of children born as a result of artificial fertilization in the comparative legal aspect. It is noted that the principles laid down as the basis of the rules governing the order of the child’s origin vary significantly depending on whether it is a matter of natural or artificial reproduction. In the case of assisted reproductive technologies (ART), the value of blood (genetic, biological) kinship is leveled, and its substituted by the will of the person to acquire parental rights and obligations with regard to the child. A person’s will to become a child’s parent is expressed before the child is born in a written permission to use the ART. It is noted that the absence of normative rules regulating the order of expression of consent and conditions of its validity is an obvious gap in the legal regulation of the ART application. It is proposed to treat consent as informed consent if the person applying for the use of ART is provided not only medical but also legal information concerning the legal status of the person participating in the ART program and the legal implications of such participation. The author investigates requirements applied to mutual consent and voluntary consent, its substantive and revocable nature, as well as inadmissibility of representation when expressing the will to use the ART. The author argues that the will to acquire the status of a parent should be expressed in a separate document describing the content of the will and verified by the notary. In order to ensure the best interests of the child in parental care, it is proposed to impose statutory restrictions on the free will to apply the ART.

scholarly journals Аdvocacy in protecting reproductive rights

2021 ◽  
pp. 62-66
Author(s):  
N. V. Kruchinina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Surrogate Mothers ◽  
Vitro Fertilization ◽  
Human Reproductive ◽  
Genetic Parents ◽  
Further Development

As the number of infertile couples is growing in Russia, the use of assisted reproductive technologies (In vitro fertilization, surrogacy, etc.) have been widely developed. Thus, there is the urgent need of proper legal regulation and measures to protect the rights of both surrogate mothers and genetic parents from diff erent abuses, including those of criminal nature. The legislation governing relations in this area needs further development. There are a review of foreign laws concerned, and the analysis of different positions on human reproductive rights in this article. An attempt has been made to determine the list of crimes against human reproductive rights. The necessity of advocacy in the sphere of assisted reproductive technologies is reasoned as a measure of protection of human reproductive rights.

scholarly journals The Surrogacy Laws in Australia: What Can Be Useful for Ukraine

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 9-23
Author(s):  
S. V. ANTONOV ◽  
Keyword(s):  
Comparative Analysis ◽  
Key Words ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Main Question ◽  
Surrogate Mother ◽  
Human Right ◽  
Art Methods

The main question of this article is the identification and comparative analysis of legislative provisions of states and territories of Australia that regulate the use of surrogacy. The particular importance lies in specifying those prohibitions and restrictions, who they are applied to, and how they relate to the human right to procreation. The comparison will be made with the laws of other countries and legislative norms will be determined that will be useful for borrowing into the legislative system of Ukraine. Key words: surrogacy, assisted reproductive technologies (ART), legal regulation of ART methods, surrogate mother

scholarly journals Principles of Correlation Between Self-Regulation and State Legal Regulation of the Relations Related to Genetic Research: Modern Prospects

2019 ◽  
Vol 8 (2) ◽  
pp. 3850-3855
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Self Regulation ◽  
Genomic Medicine ◽  
Genetic Research ◽  
Professional Associations ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
State Regulation ◽  
National Standards

The principles of correlation between self-regulation and state legal regulation of the relations related to genetic research have been discussed in this article. Today the development of genetics and applied genomic medicine has a direct effect on legal relations on protecting the rights and legal interests of an individual. The main goal of the study is to research regulatory legal acts, judicial practice, and doctrinal sources aimed at determining the optimal correlation of the beginnings of self-regulation and state legal regulation of relations related to genetic research. When writing the article, the methods of collecting and studying singularities, the generalization methods, the scientific abstraction methods, as well as the method of inquiry into regularities have been used. This study is characterized by using the experience of foreign self-regulatory organizations and professional associations involved in genetics. In their study, for the first time, the authors have substantiated the conclusion that the model of the optimal correlation of state regulation and self-regulation of legal relations related to genetic research is based on the following principles: 1) informed consent for genetic research and protection of the confidentiality of the obtained information, 2) participation of self-regulating associations of medical geneticists in developing national standards for the quality of medical services in genetic research, as well as the requirements for medical organizations and medical employees who provide them, and 3) legalization of the legal status of a person providing counseling services in genetic research and in associated areas related to defining a strategy for the treatment of genetically determined diseases and the use of assisted reproductive technologies (genetic counselors). In the article it has also been stated that it is necessary to define the legal mode of protecting the information obtained during the genetic research depending on classifying such research as a certain specific category – diagnostic, pre-symptom or prognostic (carried out to assess the vulnerability of an individual to a specific disease). Third parties can only access the results of diagnostic genetic research.

Legal restrictions on pre-implantation genetic diagnostics in the framework of in vitro fertilization procedure: foreign experience and Russian perspective

2019 ◽  
Author(s):  
N.A. Altinnik , S.S. Zenin , V.V. Komarova et all
Keyword(s):  
In Vitro Fertilization ◽  
Assisted Reproductive Technologies ◽  
Genetic Diseases ◽  
Genetic Diagnosis ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Genetic Diagnostics ◽  
Vitro Fertilization ◽  
Medical Indications

The article discusses the factors that determine the content of the legal limitations of pre-implantation genetic diagnosis in the framework of the in vitro fertilization procedure, taking into account international experience and modern domestic regulatory legal regulation of the field of assisted reproductive technologies. The authors substantiates the conclusion that it is necessary to legislate a list of medical indications for preimplantation genetic diagnosis, as well as the categories of hereditary or other genetic diseases diagnosed in the framework of this procedure.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Liability in the field of digital payment systems and cryptocurrencies: mission is (im)possible?

2021 ◽  
Vol 10 (42) ◽  
pp. 186-195
Author(s):  
Liydmyla Panova ◽  
Siuzanna Tsurkanu ◽  
Oleh Synieokyi ◽  
Zoriana Dilna ◽  
Ivan Prymachenko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Electronic Payment ◽  
Payment Systems ◽  
Legal Method ◽  
Internet Users ◽  
System Method ◽  
International Comparative

An electronic payment system is a system of settlements between different organizations and Internet users when buying or selling goods or services over the Internet. The relevance of the research topic is that electronic payment systems are used widely at the present stage of the development of society. This area has not escaped criminal activity. Penalties for digital payment systems and cryptocurrencies should be commensurate with the level of damage caused. The article analyzes the international legal establishing liability for this type of crime. At the instant, it remains an open question for further study of the legal status of cryptocurrency in different countries and the settlement of penalties for violations in the field of digital payment systems and cryptocurrency. Research methods: comparison, observation, analysis, synthesis, analogy, the system method, generalization method, and formal-legal method. According to the results of the study, the international comparative aspect of the types of liability for offenses in the field of digital payment systems was analyzed; the issue of criminal liability for offenses in the field of digital payment systems and cryptocurrencies, as a key punishment for these actions; identified means of protection of payment systems; the issue of legal regulation of cryptocurrency in different countries.

scholarly journals Converging by procedures

2012 ◽  
Vol 12 (3-4) ◽  
pp. 300-327
Author(s):  
Simone Penasa
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Decision Making Process ◽  
Legal Systems ◽  
The European Union ◽  
Specific Content ◽  
National Regulation ◽  
Law Making

This article is structured in three sections. In the first section, the theoretical framework of the analysis will be laid out, grounded on the need for a paradigm shift when classifying national regulations on assisted reproductive technologies (ARTs). Instead of focusing directly on the specific content of each national regulation, it is more appropriate to move towards a focus on the characteristics of the decision-making process which drive political choices. In the second section, a comparative analysis will be provided of legal systems belonging to different legal families (civil law and common law families), such as Spain and the UK, France and Italy. The analysis will be conducted using a set of classificatory indexes covering both the decision-making process and the theory of law which is developed within specific but different regulatory regimes. According to these criteria, the legal systems analysed have been classified according to a threefold distinction: the ‘procedure-oriented’ model (UK and Spain); the ‘hybrid’ model (France); and the ‘value-oriented’ model (Italy). Comparison seems to show the need for new actors, sites and procedures of law-making in the field of ART. Accordingly, it seems advisable to devise new regulatory systems, in order to achieve, on the ground of comparative analysis, original mechanisms of law-making, starting from the assumption that sharing common deliberative methods proves to be more effective in view of a convergence of national policies. In the last section, a new regulatory mechanism will be proposed. It has been defined as ‘integration by specialisation’ of regulatory tools. This proposal stems from the assumption that, rather than harmonisation by imposing common regulatory content, harmonisation between national regulations (which is crucial in the light of both a uniform health care system and a common ‘market’ of biotechnological research in the European Union framework) can be effectively achieved by enforcing common regulatory mechanisms. These mechanisms can be based on the plurality of regulatory tools, each characterised by a specific (autonomous) normative function. 1

scholarly journals DISTANCE EMPLOYMENT AS AN INSTITUTION OF WORKING TIME AND THE MAIN EVOLUTIONARY TYPE OF EMPLOYMENT IN A PANDEMIC

2021 ◽  
Vol 7 (1) ◽  
pp. 126-146
Author(s):  
Angelika V. Yasinskaya-Kazaschenko ◽  
Irina V. Sholomitskaya
Keyword(s):  
Comparative Analysis ◽  
Labor Relations ◽  
Legal Regulation ◽  
Remote Work ◽  
Global Pandemic ◽  
The Russian Federation ◽  
The Republic ◽  
The Stability ◽  
Distance Work ◽  
Further Development

The development of the digital economy, the change in the image of workers, their values, as well as the threat of a global pandemic indicate the further development and widespread introduction of non-traditional forms of employment. The article examines the historical preconditions for the formation of a distance form of employment. The authors conclude that distance employment is an evolutionary form of employment and, in the context of the COVID-19 pandemic, is designed to ensure the stability of labor relations. The features of the legal regulation of distance work in the Republic of Belarus are analyzed, a comparative analysis of the legal regulation of distance employment in the Russian Federation is carried out. The main mistakes made by employers when transferring workers to remote work have been studied. Basic recommendations are given for transferring employees to a remote form of employment, taking into account the requirements of the legislation of the Republic of Belarus. There were used such methods as analysis, synthesis, dialectical, historical, formal logical, formal legal and comparative legal in this research.

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