scholarly journals General Principles and Logic of the Legal Regulation of Genetic Research in Australia

Lex Russica ◽  
2020 ◽  
pp. 69-75
Author(s):  
T. G. Suranova ◽  
S. S. Zenin ◽  
G. N. Suvorov
Keyword(s):  
Russian Federation ◽  
Genetic Research ◽  
Primary Source ◽  
Legal Framework ◽  
Legal Regulation ◽  
Sequencing Data ◽  
Full Genome Sequencing ◽  
Aboriginal Population ◽  
Private Interests ◽  
The Russian Federation

The paper deals with the features of the legal regulation of genetic research in the Commonwealth of Australia with due regard to the state structure, national, ethical and other factors. The primary source of law in Australia is the common law articulated in judicial precedents (case law) that has recently been supplemented by acts of statutory regulation. The paper thoroughly investigates the processes of storage, access and protection of full-genome sequencing data. The authors analyze the peculiarities of functioning of the judicial system of Australia; the experience of normative consolidation of informed consent for genetic research, confidentiality of obtained information, strategic priorities in integration of the results of genetic research into Australia’s health system. The paper provides the analysis of the list of documents containing indications of cases in which medical organizations should not collect confidential information about a person. As a result of the study, the authors identify certain gaps in the normative legal regulation of genetic research and inconsistencies and contradictions of certain normative legal acts. The paper focuses on specifics of genetic research with the participation of the Aboriginal population of Australia, which, in turn, will help in the formation of the relevant legal framework in the Russian Federation.As a conclusion, the authors note that in the field of legal regulation of the processes of storage, access and protection of genetic information in Australia there is a tendency to use normative regulators. Particular attention is drawn to the normative consolidation of the priority of public interests over private interests and its reflection not only in numerous reservations and exceptions, but also in the framework of generally relevant strategic priorities. Presuming the development of the similar legal framework in the Russian Federation and taking into account the multiethnicity of the population, it should be highlighted that Australia’s experience in implementing the genetic research involving the Aboriginal population should be implemented.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

scholarly journals The role of international bodies and organizations in the development of legal framework for application of video conferencing in criminal proceedings of the Russian Federation

2021 ◽  
pp. 31-41
Author(s):  
Mariia Aleksandrovna Iurkevich
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Video Conferencing ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Agreements ◽  
Criminal Proceedings ◽  
Short Period ◽  
The Russian Federation

Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.

scholarly journals Legal regulation of telemedicine in the health care system of the Russian Federation: state and prospects for improvement.

2019 ◽  
Vol 21 (3) ◽  
pp. 15-22
Author(s):  
N V Allamyarova ◽  
E G Sanakoeva
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Health Care System ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Documents ◽  
Current State ◽  
The Russian Federation ◽  
Care System

The legislation in the field of e-health, adopted in 2017, opens fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is made of the current state of telemedicine legal regulation in Russia. The law on telemedicine requires adjustment and refinement of existing regulations, procedures, standards of medical care with a detailed regulation of tools and situations of their application.

scholarly journals Grounds for Canceling Seizure in Pre-Trial Criminal Proceedings

2020 ◽  
pp. 228-233
Author(s):  
Boris B. Bulatov ◽  
◽  
Alexander S. Dezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Public And Private ◽  
Private Interests ◽  
Procedure Code ◽  
Civil Lawsuits ◽  
The Russian Federation

The article examines the normative legal basis of the grounds for canceling property seizure in pre-trial criminal proceedings. The problem of the legislator’s usage of evaluative categories in removing investigator’s, interrogator’s or court’s restrictions is also analyzed. The solution of this problem is made dependent on the implementation of public or private interests. Discussing these issues, the authors come to the conclusion that this sphere is neither presented nor analyzed in academic monographic works. This circumstance indicates the novelty of the study owing to the legal positions of the Constitutional Court of the Russian Federation on the issue. The conclusion about the priority of public principles over private interests concerning matters which are not related to civil lawsuits is made on the grounds of empirical data and the analysis of legislative approaches. The contradictions of the provisions of the Criminal Procedure Code of the Russian Federation regulating the basis and procedure for canceling property seizure and the laws on bankruptcy are identified. The directions for improving the legal regulation of these issues are presented. The necessity of a multisectoral regulation of some aspects of law enforcement is inferred. The examination of private principles in canceling property seizure is connected with securing a civil lawsuit in criminal proceedings. The authors substantiate the existence of additional opportunities in making decisions in this field via the legal regime. This regime is also used in some other legal acts and may be put into practice in accordance with the Criminal Procedure Code of the Russian Federation. However, the imposed restrictions can be canceled on the basis of the decision by a person considering a criminal case. The authors note the incoherence of some provisions of Part 3 and Part 9 of Article 115 of the Criminal Procedure Code of the Russian Federation. This incoherence is connected with different approaches to the view on public and private interests in decision making. The authors substantiate the necessity of a legal linking of grounds for canceling property seizure with the decision on imposing this resriction. The conclusion about the comprehensive order of property seizure is made in the final part of the article. It is also stated that this order does not contain distinct criteria of the legality of the decision. Certain parts of the criminal procedure laws should be corrected. Some ways to improve the field of legal regulation concerning the opportunity of canceling seizure are given.

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.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

scholarly journals Legal Basis for Remote Sale of Medicines in the Russian Federation

2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Telecommunication Services ◽  
Scientific Methods ◽  
Current Trends ◽  
General Scientific ◽  
The Russian Federation ◽  
The Moment ◽  
Almost All

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

Legal Foundations of Russia’ Military Security

2015 ◽  
pp. 56-63
Author(s):  
V. Yakovlev
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Armed Forces ◽  
Legal Framework ◽  
Legal Regulation ◽  
Constant Attention ◽  
Daily Work ◽  
Military Security ◽  
The Russian Federation ◽  
Russian Military

The military security of the Russian Federation in the face of external and internal threats is still primarily important. In this context the rightful principles of defense and security in Russia play a discrete role. The article provides the analysis of these principles for a legal framework of the Russian military security regulation. It reveals system problems, gaps and contradictions of the legal regulation. Complex and urgent measures for the legal system and legal instruments improvement are suggested in the article. It is proposed to develop a number of regulatory acts needed by reason of the blanket character of the Federal Defense Act. Among these are: The Armed Forces of the Russian Federation Act, The Operational Equipment of the Territory of the Russian Federation for the Purpose of Defense Act, The Armed Forces of the Russian Federation Management and Control during the War Act, etc. Problems of the social relations legal regulation in the defense and security sphere are systemic and complex, require a constant attention on the part of government agencies and a painstaking daily work of legislators. It should facilitate bringing the defense and military security system of the Russian Federation to a fundamentally different, whole new level relevant to the present level of external and internal threats.

REGULATORY LEGAL FRAMEWORK FOR PROVIDING PALLIATIVE MEDICAL CARE IN THE RUSSIAN FEDERATION

2021 ◽  
pp. 247-253
Author(s):  
Khabriev R.U. ◽  
Kolomiychenko M.E.
Keyword(s):  
Palliative Care ◽  
Medical Care ◽  
Russian Federation ◽  
Public Awareness ◽  
Action Plan ◽  
Medical Personnel ◽  
Legal Framework ◽  
Legal Regulation ◽  
Adults And Children ◽  
The Russian Federation

Palliative care as a separate type of medical care was enshrined in legislation 10 years ago. However, the law-making process is still ongoing. The guidelines for this type of medical care for adults and children have been approved twice. It must be noted amendments to the Federal Law in 2019 (which significantly expanded the definition and consolidated the "varieties" for the provision of palliative care), and the interdepartmental Regulation on the organization of the provision of this type of assistance was approved (which now includes not only the guidelines for this type of medical care for adults and children, but also provides for the guidelines for interdepartmental interaction). In addition, since 2019, regional programs for the development of palliative care in the constituent entities of the Russian Federation are being developed. Together with these documents, an action plan was approved for the implementation of the Strategy for the Development of Healthcare of the Russian Federation for the period up to 2025, in which the development of palliative care is designated as activities; action plan has been approved ("road map") "Improving the quality and availability of palliative care" until 2024 was approved, among the tasks of which: improving legal regulation, increasing the availability and quality of painkillers, developing infrastructure for providing palliative care in the constituent entities of constituent entities of the Russian Federation, training of specialists (medical personnel, clinical psychologists, social workers), public awareness about the provision of this type of medical care, the implementation of a multidisciplinary approach. This publication includes an overview of the legislation governing the functioning of the palliative care system in the Russian Federation.

scholarly journals Implications of the legal regulations of marketing communications in the Russian Federation

2021 ◽  
Vol 12 (34) ◽  
pp. 45-59
Author(s):  
Maksim G. Chardymskiy ◽  
Mikhail V. Gundarin ◽  
Irina Y. Ilina ◽  
Evgeniya E. Jukova ◽  
Dmitrii A. Lomonosov
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Marketing Communications ◽  
Russian Market ◽  
Legal Norms ◽  
Commercial Activities ◽  
Study Results ◽  
The Russian Federation ◽  
Business Practitioners

The aim of implemented research is to form an understanding of the basics of legal regulation of marketing communications in the Russian Federation both among legal theorists and business practitioners interested in carrying out commercial activities in a large, dynamically developing Russian market. This article presents the study results of the legal framework in the field of marketing communications that has developed in the Russian Federation with the country's transition to the market economy. In the course of study, the authors identified the regulatory legal acts of the Russian Federation that directly or indirectly regulate marketing communications, considered the main legal norms in this area, and identified general patterns of functioning of the Russian legal framework in the field of marketing communications.

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