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 ◽  
◽  
...  

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

Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all

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.


Author(s):  
Kovalyshyn O. A.

The reproductive system is exposed to various adverse factors and harmful effects at all stages of functioning of an organism. Against the background of declining levels of women's reproductive health in recent years, there has been a clear tendency towards an increase in the number of patients with pathology of puberty. The low level of somatic and reproductive health before pregnancy causes a high incidence of complicated labors, which leads to a deterioration in the development of subsequent generations.The purpose of the study. To provide clinical characteristics of women who had menstrual dysfunction in puberty, which were based on the study of clinical and anamnestic data, laboratory and instrumental research methods, analysis of risk factors, clinical course, treatment effectiveness and dispensary observation.Materials and methods. According to the nature of the disfunctions, the main group of women (n = 210) who had menstrual disorders in puberty was divided into 3 subgroups (n = 70): the first - women with primary oligomenorrhea and timely average menarche, the second - with late menarche, the third - with pubertal bleeding. The control group included women (n = 70) with the correct rhythm of menstruation in puberty.Results. The clinical prospective study analyzed the social status of women with reproductive dysfunction in puberty, the frequency and structure of existing concomitant somatic diseases, the duration of the menstrual cycle, the nature of diseases of the female genital organs; the assessment of the comprehensive treatment of revealed disorders, which allowed to obtain a favorable reproductive prognosis. The majority of surveyed women (53.3%) planned a pregnancy, which occurred in 75.9% from among of planning ones.Conclusions. The conduction of clinical and anamnestic analysis of the reproductive function of women with menstrual dysfunction in puberty will increase the effectiveness of the treatment of identified disorders and will allow developing algorithms for management of such women during planning and during pregnancy.


2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.


Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 67-73
Author(s):  
G.N. Suvorov ◽  
◽  
M.V. Medvedev ◽  
S.S. Zenin ◽  
◽  
...  

The article examines the legal aspects of the functioning of the mechanism of prenatal diagnosis in Canada and the genetic testing procedure, accompanied by genetic counseling, taking into account the state structure, national, ethical and other distinctive features.


Author(s):  
Petr Evgenievich Mazepov

The subject of this research is the legal regime of social franchising in the Russian Federation. The object of this research is the social emerging between the actors of social franchising. The article outlines the essential characteristics of social franchising on the basis of existing research and effective legislation of the foreign countries. Attention is given to the role of the phenomenon under review within the franchising system and its related to the concession agreement. The article explores the existing legal regulation of social franchising in the Russian Federation and formulates the conclusion on purposefulness of its improvement. The scientific novelty consists in comprehensive examination of social franchising from the legal perspective, determination of its role within the system of the types of franchising, and recommendations for the improvement of the corresponding legal regime. The conclusion is made that social franchising represents the system of relations that are based on the contract on the exercise of exclusive rights. Similar to commercial franchising, the central place is held by the intellectual-legal and obligatory aspect of relations, but the fundamental difference lies is the vector towards fulfillment of the socially useful functions, alleviation of social problems, and rendering aid to vulnerable population. The development of this institution requires elaboration of the special legislation, since the norms of the Chapter 54 of the Civil Code of the Russian Federation do not correspond with the established practice of social franchising.


Author(s):  
S. V. Kartashov ◽  
◽  
E. Yu. Kuzmenko ◽  

Emphasis is placed on the social conditionality of criminal liability for the manufacture, storage, transportation or sale of counterfeit money or securities. Attention is drawn to the features of the signs of elements (objective and subjective sides) of the corpus delicti, which form the act we are analyzing under the Criminal Code of the Russian Federation and a number of foreign Criminal Code in countries belonging to the Romano-Germanic (Germany, Denmark and Switzerland) and post-socialist legal families (Republic of Kyrgyzstan, Republic of Kazakhstan, Republic of Belarus, Turkmenistan, Republic of Azerbaijan, Ukraine, Republic of Latvia). The goal is to analyze the general and distinctive features that characterize the act in question through the prism of comparative legal research. The study concluded that there are differences in the technical and legal design of norms. Special attention is paid to the fact that in the current Russian criminal law, unlike the laws of some foreign countries, there are no such signs of the objective side of a crime as sending counterfeit money; import of counterfeit money from abroad; purchase of clichés, specialized paper, etc. for the production of items of corpus delicti. It is concluded that, according to judicial practice, these actions are qualified under Art. 186 of the Criminal Code of the Russian Federation, but at the same time, the domestic legislator needs to analyze the feasibility of reflecting in it such alternative qualifying signs of the objective side of this crime as: importing from abroad and sending counterfeit money or securities.


Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 57-66
Author(s):  
M.V. Medvedev ◽  
◽  
G. N. Suvorov ◽  
S.S. Zenin ◽  
◽  
...  

The article analyzes the features of legal regulation of genetic screening for prenatal diagnosis in the people’s Republic of China. The conducted research allowed to establish the main principles and regularities of the corresponding regulation. It is summarized that the leadership of the people’s Republic of China conducts a targeted policy for improving the health of the population, where one of the priorities is not to increase the population, but to improve the” quality “ of newborns (in the context of health). Realizing, in this regard, the positive possibilities of genetic screening in HDP in terms of improving the overall level of health of the population, the state is making a lot of efforts in the financial, legal, scientific, social and other spheres for its wide implementation in everyday clinical practice. Genetic screening when PND is free and available to alsegments of the population of China, it is part of health services financed by the state. These principles, as shown by the analysis of the legal framework for genetic screening in HDP, are system-forming in the framework of its legal regulation in the PRC. Currently, the main trend in the development of Chinese legislation in the field of genetic screening for HDP is more detailed regulation of various aspects of the use of this medical technology. China’s accumulated experience in legal regulation can be taken into account by the domestic legislator


2020 ◽  
Vol 34 (2) ◽  
pp. 128-132
Author(s):  
A.V. Kachmazova ◽  

A comparative analysis of foreign criminal legislation in this area contributes to a full understanding of the social and legal nature of crimes that infringe on the mandatory execution of court decisions. A comparative study of these provisions makes it possible not only to objectively assess the existing legal regulation of criminal liability for failure to comply with a court order, but also to develop ways to optimize it. The article presents the results of a comparative legal study of the criminal legislation of foreign States on liability for non-execution of a court order. It is concluded that criminal legal counteraction to non-execution of a court order is carried out in the prevailing majority of foreign countries. At the same time, a number of States have criminalized a wider range of acts in the field of enforcement of court orders. The author focuses on the features of legal regulation in this area, which can be productively used in modern Russian criminal legislation


Author(s):  
Oleg Ivanovich Beketov ◽  
Aleksei Davidovich Maile ◽  
Ol'ga Sergeevna Goman ◽  
Vadim Igorevich Surgutskov

The object of this research is the social relations established with regards to the sales of personal weapon in the United States, Japan, and Germany. The subject of this research is the legislation of the aforementioned countries, which regulates the sales of weapon for civilian population. The key goal lies in elaboration of the models of legal regulation of the sales of personal weapons based on the analysis of normative legal acts. The article reveals the peculiarities of establishment, development, and current state of legal regulation of sales of personal weapons abroad using the example of three countries – United States, Germany, and Japan. The scientific novelty of the conducted research consists in description of the three contrasting models of legal regulation of sales of personal weapons: liberal-permissive, prohibitory-paternalistic, and combinatory. The conclusion is made that the choice of the method of legal regulation of sales of personal weapons depends on the objective factors the country exists in, namely: social, political, cultural, ideological, religious, as well as historical experience of the country, regulation of domestic social issues, population mentality, presence or absence of the “war status”. There is yet no universal model for regulation of the sales of personal weapon. Most efficient implementation of the indicated models is possible only in case of the balanced consideration of all objective actors for each particular country.


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