Legal Aspects of Evaluating the Genetic Consequences of Medical Exposure

2019 ◽  
Vol 64 (5) ◽  
pp. 73-75
Author(s):  
А. Самойлов ◽  
A. Samoylov ◽  
Е. Голобородько ◽  
E. Goloborodko ◽  
Т. Астрелина ◽  
...  

Introduction Legal aspects of the application of medical technologies related to the use of ionizing radiation sources. Constitutional aspects of genetic research. Problems of legal regulation of genetic risks. Conclusion

2019 ◽  
Vol 64 (5) ◽  
pp. 71-72
Author(s):  
А. Самойлов ◽  
A. Samoylov ◽  
Е. Голобородько ◽  
E. Goloborodko ◽  
Т. Астрелина ◽  
...  

Introduction Legal aspects of the application of medical technologies related to the use of ionizing radiation sources. Constitutional aspects of genetic research. Problems of legal regulation of genetic risks. Conclusion


Lex Russica ◽  
2019 ◽  
pp. 110-121 ◽  
Author(s):  
E. S. Boltanova ◽  
M. P. Imekova

In the last few decades, issues related to the legal regulation of genetic research and the legal regime of genetic information derived from it have become particularly relevant both at the international level and at the level of individual countries. However, Russia has only recently come to realize the need for legislative regulation of the relevant relations. At the same time, a distinctive feature of such regulation is the emphasis on public-legal aspects, and civil-legal aspects have been left without due attention.The distinction between genetic information and genetic data is essential for the determination of the civil law regime of genetic information. Genetic information is personified genetic (genomic) information (information), because it has an individual, personal character as relating directly or indirectly to a particular or identifiable person. Genetic data is non-personalized (anonymized) genetic data, which are characterized by a formalized species, often contained in the information system and in this regard — systematized. Genetic information is an element of such an intangible good as the secret of private life, genetic data are, as a rule, an element of such a result of intellectual activity as a database. In addition, it is concluded that there is no doctrinal or legislative basis for the recognition of genetic information as an independent object of civil rights. The necessity of additional legislative regulation of activity of the biobanks carrying out storage of biomaterials, respectively, genetic data is proved. Genetic information contained in such biobanks should be subject to the legal regime of privacy.


2020 ◽  
Vol 3 ◽  
pp. 36-39
Author(s):  
Samson O. Paulinus ◽  
Benjamin E. Udoh ◽  
Bassey E. Archibong ◽  
Akpama E. Egong ◽  
Akwa E. Erim ◽  
...  

Objective: Physicians who often request for computed tomography (CT) scan examinations are expected to have sound knowledge of radiation exposure (risks) to patients in line with the basic radiation protection principles according to the International Commission on Radiological Protection (ICRP), the Protection of Persons Undergoing Medical Exposure or Treatment (POPUMET), and the Ionizing Radiation (Medical Exposure) Regulations (IR(ME)R). The aim is to assess the level of requesting physicians’ knowledge of ionizing radiation from CT scan examinations in two Nigerian tertiary hospitals. Materials and Methods: An 18-item-based questionnaire was distributed to 141 practicing medical doctors, excluding radiologists with work experience from 0 to >16 years in two major teaching hospitals in Nigeria with a return rate of 69%, using a voluntary sampling technique. Results: The results showed that 25% of the respondents identified CT thorax, abdomen, and pelvis examination as having the highest radiation risk, while 22% said that it was a conventional chest X-ray. Furthermore, 14% concluded that CT head had the highest risk while 9% gave their answer to be conventional abdominal X-ray. In addition, 17% inferred that magnetic resonance imaging had the highest radiation risk while 11% had no idea. Furthermore, 25.5% of the respondents have had training on ionizing radiation from CT scan examinations while 74.5% had no training. Majority (90%) of the respondents were not aware of the ICRP guidelines for requesting investigations with very little (<3%) or no knowledge (0%) on the POPUMET and the IR(ME)R respectively. Conclusion: There is low level of knowledge of ionizing radiation from CT scan examinations among requesting physicians in the study locations.


Author(s):  
Ivanna Babetska

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.


Author(s):  
Olena Savchuk

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.


Author(s):  
Dmitry G. Bachurin ◽  

The article discusses the legal aspects of supranational legal regulation of value added taxation in the Persian Gulf countries. The novelty of the research lies in the comparative aspect of the legal study of supranational law on the value-added tax in the Gulf countries, which allows formulating fundamentally new characteristics and interpretations that extend the theoretical and legal views on the legal mechanism of VAT, and analyzing the key provisions of the legal regulation of VAT of the states that are parties to the Common VAT Agreement. The issues of the Agreement for the countries of the Gulf Cooperation Council, as well as acts of national legislation on this tax, were studied. The analysis of the provisions of the Agreement allows concluding that the tax instrument this Agreement regulates can be classified as a type of neutral legal regulation of value-added taxation. Its peculiarity is that the country for one reason or another introduces VAT into the national tax system with minimal tax rates and continues to keep it at a low level that does not have a restraining effect on the development of its own industry. This is the reference point for the Common VAT Agreement for the countries of the Gulf Cooperation Council. The research shows that the supranational legislation of the Persian Gulf countries covers the most complex and fundamentally significant issues of legal regulation of value-added taxation, which developed taking into account the accumulated world experience in the administration of this tax. Conclusions have been obtained that the main direction of the adopted supranational legislation is the creation of a unified legal framework for the development of a coordinated legal regulation of VAT in each of the six Arab states of the Persian Gulf. The definitions of concepts that are crucial for VAT regulation are given, among which the following can be distinguished: reverse VAT accrual, input tax, deductible tax, net tax, mandatory registration threshold, voluntary registration threshold, and tax group. In the final part of the work, it is concluded that the second regional system of legal regulation of value-added taxation after the European one is being created, which begins its development on the basis of supranational legislation. Within its framework, the states that are parties to the Agreement shall organize administrative cooperation in the following areas: (1) exchange of information necessary for determining tax accuracy; (2) coordination of synchronized audit procedures and participation in audits; (3) assistance in tax collection and adoption of necessary procedures related to VAT collection.


Author(s):  
Екатерина Викторовна Глебова

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.


2010 ◽  
Vol 24 (11) ◽  
pp. 893-896
Author(s):  
Yu.V. Ivanovich ◽  
E.M. Tabakin

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