scholarly journals Legal Issues of Creation and Use of Bioprinted Human Organs

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 109-118 ◽  
Author(s):  
D. S. Ksenofontova
Keyword(s):  
Social Relations ◽  
Rapid Development ◽  
Effective Means ◽  
Medical Science ◽  
Legal Regulation ◽  
Cellular Material ◽  
High Tech ◽  
Human Organ ◽  
Human Organs ◽  
Cell Material

Transplantation of human organs and (or) tissues is an effective means of saving lives and restoring health of citizens. The achievements of modern medical science contribute to a significant reduction in the potential adverse effects of such operations, which largely determines their prevalence and effectiveness. At the same time, the availability of such high-tech medical care raises certain concerns due to the insufficiency of human organs and (or) tissues suitable for transplantation. In this regard, the most promising is the introduction of modern additive technologies (3D bioprinting) into medical practice. However, the rapid development of new medical methods determines the need to address the most complex bioethical and legal problems associated with the need to ensure respect for human dignity and prevent violations of the integrity of the individual. As a result, the legal principles of creation and use of bioprinted human organs in this paper are the following: the principle of inadmissibility of obtaining donor cell material to create a bioprinted human organ in the absence of explicit and specific consent, the principle of permissible use of the resulting cell material. The principles of exclusivity and noncommercialization of the human body should retain limited effect: the first principle — in terms of allowing the production of cellular material to create a bioprinted human organ to be transplanted, only for the treatment of the recipient, and the second — in terms of determining the legal regime of cellular material and bioprinted human organs. The paper emphasizes the importance of extending the principle of priority of human interests over the interests of society and science to the analyzed sphere. In turn, models of legal regulation of social relations arising from the removal and transplantation of human organs and tissues, on the one hand, and about the creation and use of bioprinted human organs, on the other hand, should be based on the principles of unity and differentiation.

Problems of Legal Regulation of Human Organ and Tissue Transplantation Relations

2018 ◽  
Vol 8 (7) ◽  
pp. 2241
Author(s):  
Svetlana Stepanovna SHEVCHUK ◽  
Nazima Shafievna IBRAGIMOVA ◽  
Galina Olegovna BELANOVA ◽  
Mariya Alekseevna MALYKHINA ◽  
Svetlana Nikolaevna IVAKHNENKO
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
Tissue Transplantation ◽  
Human Organ ◽  
Human Organs ◽  
History Of ◽  
Legislative Support ◽  
Rights And Interests ◽  
Further Development

This paper is devoted to research and analysis of the issues on legal regulation of the relations arising in connection with the removal of human organs or tissues with the purpose of their subsequent transplantation to a donor. The current national legal framework and lawenforcement practice in transplantation relations are investigated. The theoretical and practical problems affecting the provision and protection of the rights and interests of parties to these relations are analyzed. The necessity of further development and improvement of legal regulation of transplantation relations is substantiated. The scientific novelty of the work is that the authors, on the basis of studying the history of the formation and development of the institution of human organ and tissue transplantation, have made attempts to identify the main trends and directions of legislative support of this sphere of social relations and to substantiate the most constructive proposals in order to improve the corresponding mechanism of legal regulation.

Law in the Epoch of Digital Transformation: in Search of Solutions

2018 ◽  
pp. 4-11
Keyword(s):  
Social Relations ◽  
Technology Development ◽  
Technological Development ◽  
Rapid Development ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Effi Ciency ◽  
Russian Law ◽  
Integrated Response ◽  
Digital Processes

Humanity is becoming increasingly dependent on technologies. Their rapid development and expansion requires prompt and integrated response of all public institutions and defi nes one of the main challenges facing the law. To overcome them law requires new theoretical and practical solutions that determine the principles and patterns of technology development and impact the effi ciency of law enforcement in conditions of the world’s digital transformation. The article discusses some of the issues and features of development of the Russian law in the context of digital economy development. New approaches to legal regulation and understanding of digital processes are proposed, in particular, in such fi elds as robotics and artifi cial intelligence. While noting the fact that legal regulation of digital relations keeps up with the current level of technological development, the author warns on unreasonable «hyper-regulation». In his opinion in this fi eld of legal regulation priority should be given to measures of encouragement rather than measures of direct regulation of social relations. In conclusion, the author provides justifi cation for a model of «breakthrough» regulation in Russia.

scholarly journals 同體共生——從佛教觀點看器官捐獻

2011 ◽  
Vol 9 (2) ◽  
pp. 79-90
Author(s):  
Jing HAO
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Rapid Development ◽  
Effective Means ◽  
Medical Science ◽  
Dead Body ◽  
Personal Choice ◽  
The Past ◽  
Digital Commons ◽  
The One

LANGUAGE NOTE | Document text in Chinese; abstract also in English.隨著現代醫療科技的發展與人類對生存質素的要求漸高，器官捐獻已成為廣受議論的倫理難題，也是現代佛教人文關懷必須面對的議題。佛教教理與生命觀自成體系，當能回應現代人因這項抉擇所帶來的煩惱，如指引他們採取何種態度、或真正面臨死生交界之時，應如何在小我利益與大我利益之間抉擇，以發起悲願心，實踐菩薩行中最難以割捨的大體佈施等。本文從中國佛教倫理的觀點立場，反省人類器官捐獻的困惑與迷茫，說明供體的一方如果自願效法菩薩大行、捨身肉頭目髓腦以利濟眾生，其“身佈施、無畏施”的慈悲心行是可貴的。我們可從佛陀釋迦牟尼本生故事中找到菩薩割肉喂鷹、捨身飼虎的豐富例證，以及由佛教“緣起緣生”之基本教義所導出的“護生”精神。With the rapid development of medicinal technology, organ transplantation and donation have become an important issue in contemporary bioethics. On the one hand, organ transplantation is an effective means to saving lifes which has benefited from the incredible progress of medical science in the past few decades. On the other hand, organ donation involves profound ethical dimensions and ambiguities. This paper attempts to examine the issue of organ donation from a Buddhist viewpoint. Through textual exegeses and the explication of some key Buddhist ideas, such as the Bodhisattva’s great compassion and doctrine of inter-dependent origination, it seems that organ donation is accepted by Buddhism. Nevertheless, whether to donate or not is entirely a personal choice, and a dead body should be handled with special care. The conclusion states that organ donation is an act of giving/charity (dāna) to those who need relief from their suffering and thus is seen as a great virtue through which we can create a world of co-existence.DOWNLOAD HISTORY | This article has been downloaded 456 times in Digital Commons before migrating into this platform.

scholarly journals TRANSFORMATION OF STATE SOVEREIGNTY IN MODERN CONDITIONS OF CONSTITUTIONAL LAW DEVELOPMENT

2021 ◽  
pp. 62-65
Author(s):  
V. Shamrai ◽  
I. Sliusarenko
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Constitutional Law ◽  
Effective Means ◽  
Legal Reform ◽  
Legal Regulation ◽  
The State ◽  
State Sovereignty ◽  
Legal Standards ◽  
Legal Globalization

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine

scholarly journals THE PROBLEM OF MEANING OF LAW IN A DIGITAL SOCIETY

2020 ◽  
Vol 24 (3) ◽  
pp. 608-628
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Social Relations ◽  
Meaning Making ◽  
Rapid Development ◽  
Main Tool ◽  
Legal Regulation ◽  
Human Society ◽  
Semantic Approach ◽  
Digital Society ◽  
Wide Range ◽  
Being There

The article is devoted to the evolution of law in a digital society in a semantic approach. The rapid development of digital technologies is characterized by contradictory trends. The new technical and technological reality can be terminal for the development of society if people entrust themselves to a "digit" and will not reasonably and responsibly organize their social relations in terms of legal regulation. A more humane version is to consider digital models as a tool for solving social problems. In this way, law should acquire the quality of the main tool of such transformations and along with new functions; those functions are expert-analytical, forecasting, priority adaptation, standardization of technological control. The problem of meaning of law in a digital society can be attributed to most important problems. It covers a wide range of debatable issues: the relation-ship between the real and the virtual in law, consideration of artificial intelligence as a possible subject of law, distinction between truth and plausibility in law, se-miotic nature and methodology of cognizing the meaning of law in the world of signs, symbols, codes, etc. The purpose of the article is to formulate the author's view on the dynamics of the laws meaning in a digital society from the point of view of ontology, epistemology, methodology and applied aspect of knowledge. Research methods: formal legal, analysis, interpretation, forecasting, and modeling. The results of the study. In a digital society, law is being transformed into digital semiotic and augmented reality, with technology as an integral part of it. In these conditions, law, according to author, will preserve the regulatory and value potential for human society on condition that software machine codes are integrated into the human environment, and used to the benefit of a human being. There-fore, the traditional procedures of law-making, interpretation, concretization, application of law and dynamic meaning-making will remain relevant; by analogy with them, the software allowing to interact with the machine will be created and developed. The article arrives at the concludion that cognition of the meaning of law in a digital society rests in the search for the truth: law is a human reality and scientific and technological progress is evaluated in compliance with it.

SOME ASPECTS OF DETERMINING HOW TO PROTECT THE OWNERSHIP OF REAL ESTATE

2021 ◽  
Vol 11 (1) ◽  
pp. 243-264
Author(s):  
V.N. KOVAL
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Social Relations ◽  
Rapid Development ◽  
Correct Choice ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legitimate Interests ◽  
Special Rules ◽  
Business Entities

The issues of choosing and determining the best ways to protect property rights to real estate remain relevant at the present time, the constant and rapid development of social relations and legal norms that are a reaction to social changes. At the same time, the mechanisms of legal regulation are being transformed in a significant way in order to effectively restore violated rights. As a result of the described protsesses, a situation occurs when it is difficult to determine not only the norm to be applied, but also the methods of restoring the violated law and order in relation to a specific person. This article is devoted to the problem of determining the appropriate ways to protect the ownership of real estate, based on the analysis of the law enforcement practice of arbitration proceedings and doctrinal developments on this topic. The author, using the example of specific court decisions, presents the approaches of a law enforcement officer in assessing the correctness of the chosen methods of protecting rights. The work done in the course of the study makes it possible to assess the importance of the correct choice of the type of claim that should be applied to the competent authorities in the combination of certain circumstances, for the effectiveness of judicial protection, the role of the first instance court in helping the parties to determine the correct and effective method of protection in specific circumstances. violated or contested right. The paper considers examples of the practice of courts considering economic disputes, according to the types of methods for protecting the rights to real estate of business entities, public law entities and other participants in arbitration proceedings. In addition, the article analyzes general and special rules for choosing the appropriate ways to protect subjective rights and legitimate interests.

scholarly journals Problems of Legal Regulation of Contractual Relations in the Process of Creating Bio-Print Human Organs

Lex Russica ◽  
2019 ◽  
pp. 92-99
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
3D Printing ◽  
Industrial Revolution ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Regulatory Framework ◽  
3D Printer ◽  
Medical Organization ◽  
Human Organ ◽  
Freedom Of Contract ◽  
Human Organs

Additive manufacturing, 3D printing and bio-printing are technologies of the Fourth Industrial Revolution. Currently, due to the possibility of hacking the human genome, it is important to define the concept of legal regulation of relations concerning bioprinting and creation of a regulatory framework for their legal regulation, which would determine who should be held responsible for the defect takes place when printing a human organ (a creator of a digital template, a manufacturer of a 3D printer or a person who operates the 3D printer), what obligations arise with regard to the template, who owns the rights to it, what contracts mediate the relationship between the template creator, the printer manufacturer, the material manufacture, the person who manages the printer and the consumer. One more question is what are the limits of the principle of freedom of contract in the field of 3D printing, in particular in the field of bioprinting. When considering the issues of 3D printing of human organs, inevitably arises the question of rights, obligations and responsibility of a medical organization within which the medical organization would carry out medical intervention in order to implant and transplant printed organs. One more issue that needs consideration is the legal framework of printed organs. It is obvious that before they are implanted in the human body, they can be subject to the regulatory framework applicable to things. After implantation, the printed organ should lose the properties of things and it should be subject to the legal regulation that is applied to intangible things. To this end, the author suggests that it is necessary to introduce certain restrictions on the principle of freedom of contract in this area and the possibility of carrying out medical intervention only by certain entities (medical organizations) authorized to perform such operations.

scholarly journals Regulation of Settlement Relations under Civil Law in the Context of Development of the Sharing Economy

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
Social Relations ◽  
Rapid Development ◽  
Civil Law ◽  
Rapid Change ◽  
Legal Regulation ◽  
Sharing Economy ◽  
Goods And Services ◽  
Blockchain Technology ◽  
New Institutions ◽  
Modern Era

The modern era is characterized by a rapid change in social relations, the emergence of new institutions, which has become a consequence of rapid development of technologies, their penetration into everyday life. Nowadays, measures are being taken to develop the digital economy. At the same time, the society is experiencing crisis phenomena, environmental problems, which, consequently, leads to changes in the culture of consumption of available limited resources: in the economy there is a tendency to shift from a society of consumption (consumerism) to the sharing economy. Indeed, the idea of the economy of joint use of goods and services (sharing economy, peering economy) is not a new one in itself, but it has gained new impetus in the context of the development of modern technologies, digitalization of the economy, when the creation of uniform technological platforms and marketplaces facilitates the unification and connection of an unlimited number of strangers. All this determines the relevance of the study of the features of civil law regulation of relations associated with the implementation of settlements in connection with the performance of obligations under the contracts concluded in the context of the sharing economy, determination of the possibility of using blockchain technology in this field and peculiarities of the legal regulation of relations in connection with its application. The article highlights that, at the present stage, different models of contractual relations are formed to mediate relations existing in the sharing economy, within each of these models there are peculiarities of performance of obligations, while the model of the sharing economy gives the possibility of using the blockchain technology, but its use is complicated by the lack of proper legal regulation of the relations under consideration.

scholarly journals Personal Non-Property Rights Arising in Human Organs Bioprinting

Lex Russica ◽  
2020 ◽  
pp. 24-33
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
3D Printing ◽  
Property Rights ◽  
New Technologies ◽  
Personal Data ◽  
Legal Regulation ◽  
Third Parties ◽  
The Body ◽  
Human Organism ◽  
Human Organ ◽  
Human Organs

3D printing is currently one of the markers of the technological revolution. The development of additive production challenges the legal science to search for adequate legal regulation of relations concerning the use of 3D printing in the area of treatment of humans. At the present stage, we need to resolve not only the issues concerning regulation of property relations arising in connection with bioprinting, but also the issues of regulation of personal non-property relationships. The implementation of 3D printing of human organs is inevitably associated with the interference with the exercise of personal non-property rights. New technologies development requires the resolution of the content of the right to health, the liability and responsibilities of creators of 3D printing files (CAD-files), medical establishments. The need to address bioethical problems is a new challenge for the humanity. Due to the possibility of creating human organs artificially, it is important to define the limits of the exercise of personal non-property rights. Do the limits for the perfection of a person’s body exist? Can an individual freely dispose of his or her body, their organs, individual cells of the body? Can the human organism, its individual cells, be considered as a material for bioprinting, giving them all the properties of material objects having marketability? On the other hand, the creation of bio-prints raises the problem of protection of personal data, information about the person’s health, other personal data that may become available to third parties and be used by the third parties to the detriment of the individual. Can the appropriate bio-material or a layout of printed unique human organ be used by third parties in their activities? How does the exercise of property and intellectual rights relate to the exercise of personal non-property rights in the framework of personal non-property relationships not related to property relationships? The research is devoted to finding answers to the questions posed.

scholarly journals Legal and Bioethical Changes in the Commodification of Human, Including Bioprinted, Organs and Tissues

Lex Russica ◽  
2020 ◽  
pp. 100-107
Author(s):  
D. S. Ksenofontova
Keyword(s):  
Human Body ◽  
Three Dimensional ◽  
Third Party ◽  
3D Bioprinting ◽  
Financial Benefit ◽  
Three Dimensional Model ◽  
Human Organ ◽  
Human Organs ◽  
Cell Material ◽  
Biomedical Technologies

Modern breakthrough scientific ideas in the field of introduction and development of biomedical technologies have led to a significant objectification of the human body. The paper analyzes the trend of commodification of the human body and its parts from the standpoint of bioethics and law, which determines the consideration of these as goods that participate in economic turnover and have their own price. The problems of insufficiency of human organs suitable for transplantation, the risk of rejection of the transplant by the recipient’s immune system, as well as the need to ensure the safety of donor organs and tissues can be leveled by creating artificial human organs and tissues, including through the use of advanced additive technologies (3D bioprinting), creating a three-dimensional model of a human organ on a cellular basis, which is subject to subsequent transplantation to a recipient in need. The development of 3D-bioprinting allows us to resolve bioethical and legal contradictions caused by the actual inclusion of human organs and tissues in civil (economic) turnover, while international acts enshrine the principle of inadmissibility of commercialization of the human body, by virtue of which the human body and its parts should not be a source of financial benefit. The author summarizes that 3D bioprinting is able to significantly smooth out the negative manifestations of the human body commodification trend. The peculiarity of applying the principle of non-commercialization of the human body is due to the fact that in this case the emphasis is placed on obtaining cellular material for creating a bioprinted human organ. First of all, the principle of non-commercialization of the human body should remain in effect when providing cell material by a third party (donor), even if only in terms of determining the legal regime of cell material and created bioprinted human organs and tissues. If the recipient’s own cells are used, this principle loses its meaning.

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