scholarly journals The need for regulation in the practice of human assisted reproduction in Mexico. An overview of the regulations in the rest of the world

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Alma López ◽  
Miguel Betancourt ◽  
Eduardo Casas ◽  
Socorro Retana-Márquez ◽  
Lizbeth Juárez-Rojas ◽  
...  
Keyword(s):  
Latin America ◽  
Assisted Reproduction ◽  
General Health ◽  
Legal Framework ◽  
Legal Regulation ◽  
Official Journal ◽  
Main Body ◽  
Health Law ◽  
Legal Analysis ◽  
National Regulation

Abstract Background The emergence of assisted reproductive technology (ART) in humans has been an important tool for the treatment of infertility. The number of treatments performed in Latin America has been increasing, and Mexico is the third country with the most assisted reproduction cycles performed in the region. However, Mexico lacks a national regulation for assisted reproduction. Therefore, it is necessary to implement regulations that allow for a safe clinical practice based on ethics which can be available to any social group. Main body The aim of this review was to examine the existing legislation that regulates human assisted reproduction practices in Mexico, but also to examine the legal analysis of the policies, laws, and regulations in effect in some countries in Latin America, North America, and Europe. For this, seven databases were consulted, and 34 articles from 2004 to 2021 referring to the practice of ART within the legal framework and the anthropological analysis that this entails were analyzed. Eight documents were also consulted such as the Mexican General Health Law of the Official Journal of the Federation (February 7, 1984) with its last published reform (DOF 01-06-2021). And three official agency websites were also consulted. No specific legislation was found for human assisted reproduction practices in Mexico; however, assisted reproduction clinics are ruled under some agreements implemented by national organizations such as the Mexican Association of Reproductive Medicine and, at the Latin America level, the Latin America Network of Assisted Reproduction (abbreviated REDLARA in Spanish); in addition, the practice of ART is considered, although not explicitly, in the General Health Law. Conclusion In Mexico, there is no legal regulation in charge of assisted reproduction practices, which is why there is an urgent need to establish human assisted reproduction laws without incurring discriminatory and unconstitutional acts, and at the same time, be in accordance with scientific advances. This will allow a considerable reduction in the violation of human rights.

Telemedicine in the EAEU countries: reality and prospects

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
National Regulation ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Development Prospects

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.

scholarly journals Legal regulation in the field of genetically modified organisms (GMO) turnover in Russia and foreign countries

2021 ◽  
Vol 25 (1) ◽  
pp. 32-66
Author(s):  
Ramilya G. Novikova
Keyword(s):  
Production Efficiency ◽  
Genetically Modified Organisms ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Gm Food ◽  
Foreign Countries ◽  
Genomic Studies ◽  
Food Taking ◽  
And Control

One of the most relevant issues, which todays society face is the use of advanced technologies in the field of GMO and GM-food. Taking a look at the world map of law we can see diverse legal regulation of GMO turnover, especially in the context of regulation and control of genomic studies and their practical application, risk assessment of uncontrollable GMO spreading and technologies of genetic editing of organisms including at the level of research planning. The comparative legal analysis of foreign regulation (including in dominant jurisdictions), provided in this article allows revealing those distinctions, determining the basic tendencies in GMO legal development and connected products with GMO components, including the matters of control with regard to GMO turnover. The analysis allowed drawing several recommendations on borrowing foreign experience for the sake of revising Russian regulation, i.e., taking regulatory measures to develop the relevant sphere of social relationships - legal acts, governmental decrees, etc. oriented towards the development of biotechnologies, raising confidence of citizens in genetics, stimulation of GMO production efficiency, and innovative development. Russia is a member of the Eurasian Economic Union (EAEU); therefore, the article discusses the national laws of these countries concerning GMO and contains recommendations for harmonizing the legal framework of the supranational level in the field of GMO turnover.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

L’opera d’arte video tra diritto e mercato

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Alessandra Donati Alessandra Donati ◽  
Eliana Romanelli
Keyword(s):  
Technological Development ◽  
Video Art ◽  
Legal Framework ◽  
Legal Regulation ◽  
Moral Rights ◽  
Legal Analysis ◽  
Collective Work ◽  
Italian Law ◽  
The Status ◽  
Creative Contribution

Despite being a form of art that dates back in time, the work of video art still struggles today to find a shared legal framework. There is a risk to associate video art with other more traditional artistic forms and this risk has prevented video art from attributing its own autonomy, independence and expressive specificity. Artists’ videos are not listed among the works expressly protected by Italian Law no. 633/1941 (Law on protection of copyright and moral rights), with all the consequences in terms of determining the holders of the moral and patrimonial rights of the author and the division of these rights between the various persons who, in various ways, contribute to their realization (artist, director, screenwriter, interpreters, music authors, etc.), especially if the video works result from the indissoluble creative contribution and the collective work of a group of people. Finally, video art inevitably suffers the limits of digital art: it is easily reproducible, perishable, not limited and numbered in its editions, subject to obsolescence resulting from technological development; these factors causes the arising of various difficulties in terms of claiming the status of a work of art in the essence of its uniqueness, originality and authenticity. The relevance of issues related to legal regulation and the conservation of video art is also relevant for the possible recognition as a cultural asset that audiovisual media of a rare and valuable nature can obtain under the Italian Legislative Decree no. 42/2004 (Code of Cultural Heritage). Of extreme importance, therefore, is the legal analysis aimed at qualifying such a medium, through which to frame its expressive nature and understand how to manage the circulation of such works of art, how to ensure their protection and preservation and ensure their authenticity and paternity.

Features of civil law nature of legal assistance agreement

2020 ◽  
pp. 50-55
Author(s):  
Viktor Popov ◽  
Viktoriya Slyvnaya
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Main Body ◽  
Legal Assistance ◽  
Legal Analysis ◽  
Legal Structure ◽  
Advocacy Activity ◽  
Service Agreement ◽  
Work Contract

Problem setting. Today, the conclusion of a legal assistance agreement is directly regulated by the Law of Ukraine “On the Bar and Legal Practice”. But for effective and lawful implementation the parties should also be guided by the provisions of the Civil Code of Ukraine. Therefore, it is necessary and relevant to determine which provisions of the Civil Code of Ukraine fall under this agreement and the relations arising from its conclusion. Target research. The aim of the work is to analyze the provisions of civil law on the differences between work and services, to determine which category of contracts is a legal assistance agreement and which rules of the Civil Code of Ukraine regulate advocacy and this agreement. Analysis of recent research and publication. The issue of delimitation of works and services is debatable among scientists. In particular, such authors as Gnatiuk G.I, Barinov N.O., Shablova O.G., Pushkin O.A., Ponomarenko O.M., Voronyak A.S., Braginsky M.I., Luts V.V. paid attention to this question. The works of such authors as Gavrilyuk M.O., Sviatotska V.I., Tubelets O.K., Rafilska I.S., Yanovska O.G., Biryukova A.M. are devoted to the question of research of features of legal regulation and realization of advocacy activity in Ukraine. Article’s main body. The article is devoted to the legal characteristics and features of the legal assistance agreement, the discussion issues regarding the regulation of these relations by acts of civil law are considered. In addition, the article analyzes the legal content of such phenomena as work and services and the main differences between the service agreement and the work contract to determine the category of relations of the legal assistance agreement. Conclusions and prospect of development. Thus, the characteristics of the legal structure of the agreement between the lawyer and the client are important for the protection of the interests of both parties. Also, having studied all the features of this agreement and various reasoned opinions of scientists on this issue, we can say that advocacy is multifaceted and can take many forms and types, but the legal analysis of these actions still includes it to services.

scholarly journals THE DEVELOPMENT OF THE LEGAL FRAMEWORK FOR “GREEN” FINANCE IN RUSSIA, THE EU AND CHINA: A COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 24 (2) ◽  
pp. 335-352 ◽  
Author(s):  
Elena P. Ermakova
Keyword(s):  
Climate Change ◽  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Low Carbon ◽  
The European Union ◽  
Dialectical Logic ◽  
Green Finance ◽  
The Eu

The article is devoted to the analysis of the legal regulation of green financing in the European Union, China and Russia. It has been substantiated that a harmonious and completed system of regulatory regulation of green financing has not yet developed either in the PRC or the EU. In this regard, a comparative analysis of the above issues is of particular importance. The purpose of this article is to form an understanding of the legal framework for green finance in the European Union, China and Russia based on an analysis of regulatory acts and scientific sources. The following methods have been applied: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods employed in the work are legal-dogmatic and the method of interpretation of legal norms. Results: the study showed that green financing refers to financial transactions that support the transition to an economy with low carbon emissions and the fight against climate change. In recent years, China has been the leader in green financing, accounting for 28%, or $ 32 billion, of green bonds issued in 2018. Conclusions: In the PRC, the concept and foundations of the legal regulation of green finance are enshrined in the 2016 Guide to Creating a Green Financial System. The main elements included in the concept comprise: 1) pilot areas of green financing, 2) green loans, 3) green funds and public-private partnerships; 4) green securities; 5) green insurance; 6) environmental credit trading; 7) environ-mental risks. The European Union also strives to be a global leader in the fight against climate change. A number of EU regulations and directives regulate various aspects of green financing. On December 11, 2019, the European Commission introduced the European Green Deal, a new concept for economic growth aimed at making Europe the first climate neutral continent. The most ambitious draft of this program is the development of a pan-European climate law (climate code), a draft of which is due in March 2020. Russia is still lagging behind world leaders on the regulatory regulation of green financing, but the first steps in this direction have already been taken. The study was prepared with the financial support of the Russian Federal Property Fund in the framework of the scientific project No. 20-011-00270 "а" (Scientific adviser - E.E. Frolova).

scholarly journals ISSUES OF CRIME AND PUNISHMENT IN CONSTITUTIONAL ACTS OF ASIAN COUNTRIES

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Юлия Ливадная ◽  
Yuliya Livadnaya
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Asian Countries ◽  
National Regulation ◽  
Crime And Punishment ◽  
Individual Character ◽  
Legal Nature ◽  
The Law ◽  
The Moment

The current article presents a comparative legal analysis of existing constitutions and acts of constitutional meaning of Asian States, which allowed the author to disclose universal and individual approaches of understanding of legal nature and concept of notion of crime and punishment as applied to constitutional legal regulation. Examples of identical statement of the main elements of crime and punishment in the constitutional acts of Asian countries (crime and punishment established by a law; punishment is determined by the court for act, which is an offence by the law at the moment of its commission; nobody can be subject to sentence more than is provided by the law at the moment of the crime; punishment has individual character) and the original national regulation of protection of separate public relations from criminal infringements (inviolability of state authority, public order and security, individuals’ rights and freedoms, right of ownership, historical and cultural heritage) are provided. The author made a conclusion that universal and individual approaches of understanding of legal nature and content of notion of crime and punishment are not strongly differentiable in constitutions of Asian countries. They are closely bound and are in constant cooperation. This is particularly evident when questions connected to deprivation of passive and (or) active electoral right as well as dismissal of heads of states and disqualification of officials of public authorities.

POLISH REGULATORY POLICY AIMED AT COUNTERACTING ALCOHOLISM AS AN ELEMENT OF ENSURING SAFETY IN TOURISM – THE CASE OF TRAVEL INSURANCE

2021 ◽  
Vol 57 ◽  
pp. 4-4
Author(s):  
Michał Koszowski
Keyword(s):  
Alcohol Consumption ◽  
Regulatory Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Strict Sense ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Theoretical Concepts ◽  
Insurance Contracts ◽  
Judicial Decisions

Purpose. The aim of the article is to assess whether the current legal framework on travel insurance contracts allows the regulations in question to be included in the legal instruments that both ensure safety in tourism and constitute an element of the regulatory policy aimed art counteracting alcoholism and the negative effects of alcohol consumption. Method. The main method used in the submitted article is the legal dogmatic method, which, however, is not used in the strict sense. Additionally, analysis of the normative text is supplemented with the author's independent reference to judicial decisions and legal doctrine. Findings. Analysis of legal regulations and judicial decisions allows to indicate that the structure of travel insurance makes it an element of the regulatory policy aimed at counteracting alcoholism. Accidents can often be classified as insurance events within the meaning of various types of insurance contracts, including travel insurance. Therefore, the structure of these agreements cannot assume the form of a specific sanction for alcohol consumption. However, to ensure the fullest possible safety in tourism, insurance events of this type should not be excluded from the liability of insurers without deeper reflection on the purpose of this kind of protection, also within the context of the policy aimed at counteracting addictions and their effects on health and life. Research and conclusions limitations. The legal analysis is focused on the Polish legal regulation of the issue. Practical implications. The conducted research may be an indication for the creation of mandatory regulations regarding travel insurance contracts, as well as the content of the contracts themselves and general insurance conditions. Originality. Research on regulatory policy that is rarely of interest to legal scientists. Type of paper. In the article, theoretical concepts are presented. This text is an overview in nature.

scholarly journals Genesis of the national pharmaceutical legislation on the territory of modern Ukraine between IX and early XX centuries: historical and legal aspects

2021 ◽  
Vol 14 (1) ◽  
pp. 127-132
Author(s):  
O. H. Aleksieiev
Keyword(s):  
Public Perception ◽  
Professional Training ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Legal Analysis ◽  
Close Attention ◽  
Analysis And Synthesis ◽  
Life Threatening

The aim of the paper is to elucidate the genesis and early development of the national pharmaceutical legislation on the territory of modern Ukraine between IX and early XX centuries taking into account historical and legal aspects. Materials and methods. The research was carried out with the use of methods of analysis and synthesis, as well as historical, and comparative and legal methods. Results. The regulation of relations that arose during the production or sale of medical drugs has always been subject to the close attention of the state, even before pharmacy became separated frommedicine. This attitude is explained primarily by the public perception of drugs as a means of possible harm to health and life-threatening. The issue of legal regulation of pharmaceutical activities should be studied from the standpoint of linguistic analysis of this term, since the Greek word pharmacon means medicine or poison. Realizing this, different countries and their institutions at different historical stages of their existence have always tried to define the legal framework of the pharmaceutical business – to outline its powers, competence and responsibility. Conclusions. The results of the historical and legal analysis show that the issue of proper suply of the population (or, at different historical stages, its separate strata) has always been under the close attention of the state. State bodies have always been paid special attention to the quality of medicines and professional training of pharmaceutical workers.

scholarly journals LEGAL REGULATION OF GOVERNMENT SERVICES IN THE PROVISION OF PUBLIC SERVICES IN THE UNITED STATES AND RUSSIA

2019 ◽  
Vol 23 (2) ◽  
pp. 289-304
Author(s):  
Inna D. Novikova
Keyword(s):  
United States ◽  
Russian Federation ◽  
Public Services ◽  
The United States ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Advantages And Disadvantages ◽  
Provision Of Services ◽  
The Russian Federation

Having adopted the Constitution in 1993 and declared itself a social state, the Russian Federation assumed the duty not to exert power over its citizens, but to provide them with services. However, the provision of services has become a new, previously uncharacteristic area of activity of the state apparatus. Given this, the issue of creating a qualitatively new system of public administration in Russia was of particular relevance. Since the early 2000s. its decision is directly related to the «administrative reform», in which, among other things, the term «public service» was introduced into domestic legal circulation. Currently, the issue of improving the efficiency of public services is still on the agenda, because in the sphere of realization of citizens and organizations of their right to receive public services remains unresolved a number of problems, the main of which is the lack of a full legislative framework governing the institution of public services. The author, having carried out a comparative legal analysis of the administrative legislation of the Russian Federation with the legislation of the United States, which is considered more progressive in this area, attempts to identify the most significant advantages and disadvantages of the current domestic legal framework in the provision of public services. Taking into account the findings, the author formulates proposals aimed at improving the efficiency of management decisions in the provision of public services.

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