scholarly journals LEGAL AND ORGANIZATIONAL ASPECTS OF PERFORMANCE OF GENOME RESEARCH IN THE USA

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 13-19
Author(s):  
S.A. Vasiliev ◽  
◽  
A.M. Osavelyuk ◽  
A.K. Burtsev ◽  
◽  
...  

This work is devoted to the legal regulation of the organization of genomic research in the United States. On the territory of this state, an approach that is atypical for the Russian reality is used, according to which the bulk of genomic research is regulated by an organization subordinate to the US Department of Health. The article analyzes some of the problems associated with diagnostics and genome editing, in conclusion, a comparison with Russian realities. This study is of interest in view of the fact that the Russian Federation, having a solid groundwork in medical and clinical advances in this area, has practically no legal regulation in order to effectively implement these areas of medical activity. Taking into account foreign experience can be useful for Russia, of course, based on domestic specifics in the process of forming a regulatory framework for treatment using genomic research.

2019 ◽  
Vol 23 (4) ◽  
pp. 546-564
Author(s):  
Emil V. Alimov

This article is devoted to the analysis of the genomic research legal regulation in the Russian Federation and the USA. In the United States, in addition to the legislation great importance is attached to medical and scientific institutions self-regulation, and such information is usually open. It is concluded that in Russia, despite the presence of both state and non-state scientific institutions engaged in genomic research, the mechanism of self-regulation as a whole is fragmented. It is also noted that Russia and the United States have specific legal regulation of these relations, which is reflected in the text of the article. For example, in the United States, unlike Russia, most organizations conducting genomic research, including genomic testing, are non-governmental. Currently, the general trend in the legal regulation of genomic research in Russia and the USA is the active development of normative legal regulation. Moreover, a significant difference in the approaches of these countries is the active role of the US states in the development of regional legal regulation on these issues. Despite the fact that Russia is a federal state, the subjects of the Russian Federation are significantly limited in the genomic research legal regulation possibilities. This is largely due to both legal and political reasons that were given in this article. In the United States, a number of statutes have been adopted at the state level that regulate genomic research in such aspects as health insurance, confidential of personal information, the prohibition of discrimination, screening of newborns, and certain types of clinical and scientific research. It should be noted that the genomic research regulation in the United States is not integrated into a single national consolidated act, which is a feature of this legal system. A comparative legal study of the fundamentals of legal regulation and self-regulation of genomic research in Russia and the USA made it possible to understand the specifics of regulation of these issues in different legal systems. The positive regulatory experience in conducting genomic research in the United States can be used to improve the regulatory framework of the Russian Federation in this area.


2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.


Author(s):  
Anatoliy Khudoliy

The article deals with the policy of the United States of America, Peoples’ Republic of China (PRC) and the Russian Federation in the Asia-Pacific Region. Leadership ambitions of the countries became evident in political, economic, military, technological and space spheres especially over the last few years. The purpose of the article is to analyze American-Chinese and Russian-Chinese relationships in the Asia-Pacific and identify reasons for their foreign policy course. Both countries, China and the USA are eager to play leader’s part in the regional politics. The relationships between the PRC and the United States significantly deteriorated, especially during D. Trump presidency. The author draws attention to the US policy and its attempts to strengthen its own positions in the region as well as to China’s economic activity reflected in transport projects, for instance – One Belt, One Road initiative, perceived by Washington as a challenge to its leader’s position. Tensions between two countries increased due to aggressive regional policy of China which claimed sovereignty over few small islands in the South China Sea. Beijing and Washington compete for leadership in the sphere of technology where China is ahead of the USA.


2020 ◽  
Vol 12 (6) ◽  
pp. 78-108
Author(s):  
M. M. Panyuzheva

The article discusses the security relations among the United States, the EU and Russia in the context of Donald Trump's populism, the change of Western political elites and the erosion of arms treaty regimes. The purpose of the article is to analyze the current state and identify the probable scenarios of relations in the triangle of the USA – the EU – Russia. The article explores the features of the Euro-Atlantic security system from 1990’s till the mid-2000’s; the concept of Euro-Atlantic security in 2008-2009; the US, the EU and Russia relations under Barak Obama and Donald Trump. As a result of a comprehensive analysis, the author comes to the following conclusions: 1) the concept of Euro-Atlantic security is still relevant. Since the NATO based security arrangements are not stabile, security interaction among the USA, the EU and Russia is growing in importance. 2) European leaders seem to be moving towards building a new security architecture and a more balanced dialogue with Russia. The EU remains the main economic partner of the Russian Federation. 3) Trump's “transactional” approach has prompted Europeans to strengthen its defense identity and seek a compromise with Russia. 4) In a multipolar world, the Euro-Atlantic regional security is no longer closed to transatlantic ties. It is important to rethink the concept towards cooperation with non-regional countries. 5) The complex game of engagement and deterrence is likely to continue in relations between Russia and the West. The more uncertain the transatlantic relations become, the more the EU and the US need Russia.The author declares absence of conflict of interests.


Author(s):  
S. E. Kuzmin

The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition) laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the higher courts are binding for cases adjudicated in lower courts. Judicial decisions have a major impact on the regulation of mergers and acquisitions of corporations, in particular, the state corporate Laws. The article analyses the main similarities and differences of sources of legal regulation of mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States.


2021 ◽  
Vol 341 ◽  
pp. 00001
Author(s):  
Andrey Korochkin

The methodology for calculating pavements used in the United States is discussed in this article. The article contains the principles of pavement design outlined in the manual “P. Design of New and Reconstructed Flexible Pavements. Part 3”, which are used by designers not only in the United States, but also in many countries around the world. Differences in approaches to pavement design in the Russian Federation and the United States are shown. It is marked that in difference from Russia, where requirements documents are valid on all territory of the country, in America each state develops its own requirements documentation, however the general principles of designing presented in the above-mentioned manual, remain invariable. In order to compare the pavement structures used in Russia and the USA the author has given examples of constructions developed on the basis of the US guidelines and has shown the main differences of these constructions from those which are traditionally applied in our road construction. In addition, the author draws attention to the fact that in contrast to Russia in the U.S. roads usually have a non-rigid type of pavement, which significantly increases their strength and durability


2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Анна Назарова ◽  
Anna Nazarova

This article is devoted to analysis of legal regulation of the use of assisted reproductive technologies by persons, not married among themselves, in the Russia and the United States. The purpose of this work is due to the increase in the number of actual marital relations in the modern world and the emergence of new ways of human reproduction. In Russia 13% of the adult population are in unregistered marriages. For best results of the investigation, the author used a comparative legal method, that allows to consider the experience of not only Russia, but also foreign countries. The author of the article examines the existing in Russia and the US versions of legal regulation of the use of assisted reproductive technologies by persons not married to each other. The author compares the regulation of the legal consequences of persons, married and non-married among themselves. As a result of the conducted research the author comes to the conclusion that in Russia the legal regulation of the effects of the use of assisted reproductive technologies differ depending on the marital status among themselves. Persons, who are not married, are not subject to special provisions of the Family Code of the Russian Federation, dedicated to regulation of the legal implications of the use of reproductive technologies. In the US it is fixed the same procedure for determining the origin of a child, conceived by nontraditional means, regardless of the status of persons in marriage.


Author(s):  
Анна Назарова ◽  
Anna Nazarova

This article is devoted to the analysis of legal regulation of marriage in fact in the Russian Federation and the United States. The purpose of this work is due to an increase in the number of marriage in fact and as a consequence the need for legal regulation of these relations. For a comprehensive study the author uses comparative legal method that takes into account the experience of not only Russia, but also foreign states. The author examines the legal regulation of marriage in fact in Russia and the United States; defines the legal norms, which is applied for the regulation of relations between the actual spouses, current Russian legislation and the legislation of the states of the USA. In the issue the researcher comes to the conclusion that neither in Russia, nor in the US states in the regulation of marriage in fact, special marriage and family provisions are not applied. At the same time the factual spouses are under legal protection. In Russia, the legal regulation of the relations developing between the actual spouses, no different from the regulation of corresponding relations of other persons. In some US states the actual spouses have special rights and duties, the scope of which is substantially less than the amount of the rights and duties of legal spouses.


Author(s):  
Halyna Shchyhelska

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress


2019 ◽  
Vol 5 (2) ◽  
pp. 214-240
Author(s):  
Rob J Gruijters ◽  
Tak Wing Chan ◽  
John Ermisch

Despite an impressive rise in school enrolment rates over the past few decades, there are concerns about growing inequality of educational opportunity in China. In this article, we examine the level and trend of educational mobility in China, and compare them to the situation in Germany, the Netherlands, the UK and the USA. Educational mobility is defined as the association between parents’ and children’s educational attainment. We show that China’s economic boom has been accompanied by a large decline in relative educational mobility chances, as measured by odds ratios. To elaborate, relative rates of educational mobility in China were, by international standards, quite high for those who grew up under state socialism. For the most recent cohorts, however, educational mobility rates have dropped to levels that are comparable to those of European countries, although they are still higher than the US level.


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