Law in Ensuring the Safety of Genetic Technologies Against their Use for Criminal Purposes

Lex Russica ◽  
2020 ◽  
pp. 47-53
Author(s):  
N. V. Kruchinina
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Economic Progress ◽  
Genetic Technologies ◽  
Criminal Groups ◽  
Definition Of

Genetic technologies offer wide prospects for socio-economic progress. At the same time, their application in practice could put at stake the interests of society, human rights and freedoms. Therefore, the development of genetic technologies requires its analysis from the standpoint of jurisprudence, thoughtful legislative regulation and protection from uncontrolled spread and criminal use. The paper analyzes different points of view on the use of genetic technologies. The author substantiates the necessity of proper legal regulation and security of the process of development of genetic technologies. The paper contains the results of the scientific research. The paper elucidates the problems related to the use of genetic technologies in the process of artificial human reproduction: imperfection of the legal framework (In particular, lack of the definition of the legal status of human embryo, lack of justification for the legality of its use for research and therapeutic purposes), the threat of the use of genetic technologies for criminal purposes. The author concludes that the use of genetic technologies for criminal purposes is especially dangerous because organized criminal groups focus their attention on genetic technologies. This gives rise to a special criminal situation that requires new approaches for effective counteraction. To this end, the priority is given to identification of crimes committed with the use of genetic technologies and analysis of the emerging practice of investigating this category of crimes. Failure to comply with standards, deviation from regulations and procedures imposed on medical care may result in harm to health or death also when the assisted reproductive technologies are used. The author has made some proposals to solve these problems with due regard to domestic and foreign experience in the use of genetic technologies in the field of human artificial reproduction (in particular, it is proposed to establish effective international cooperation in this area).

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Consent to the Use of Artificial Reproduction and its Legal Significance for Establishing the Origin of the Child

Lex Russica ◽  
2020 ◽  
pp. 21-31
Author(s):  
D. A. Belova
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Best Interests ◽  
Artificial Reproduction ◽  
Legal Information ◽  
The Status ◽  
The Will

The paper is devoted to the study of problems related to the establishment of the origin of children born as a result of artificial fertilization in the comparative legal aspect. It is noted that the principles laid down as the basis of the rules governing the order of the child’s origin vary significantly depending on whether it is a matter of natural or artificial reproduction. In the case of assisted reproductive technologies (ART), the value of blood (genetic, biological) kinship is leveled, and its substituted by the will of the person to acquire parental rights and obligations with regard to the child. A person’s will to become a child’s parent is expressed before the child is born in a written permission to use the ART. It is noted that the absence of normative rules regulating the order of expression of consent and conditions of its validity is an obvious gap in the legal regulation of the ART application. It is proposed to treat consent as informed consent if the person applying for the use of ART is provided not only medical but also legal information concerning the legal status of the person participating in the ART program and the legal implications of such participation. The author investigates requirements applied to mutual consent and voluntary consent, its substantive and revocable nature, as well as inadmissibility of representation when expressing the will to use the ART. The author argues that the will to acquire the status of a parent should be expressed in a separate document describing the content of the will and verified by the notary. In order to ensure the best interests of the child in parental care, it is proposed to impose statutory restrictions on the free will to apply the ART.

scholarly journals PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  
Keyword(s):  
Public Relations ◽  
Public Service ◽  
Legal Status ◽  
Social Institution ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Servants ◽  
The Public ◽  
The Status ◽  
Definition Of

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.

scholarly journals Issues of regulating cryptocurrency and control over its turnover: international experience

2020 ◽  
Vol 9 (31) ◽  
pp. 10-20
Author(s):  
Mykhailo Dumchikov ◽  
Nataliia Kononenko ◽  
Liudmyla Batsenko ◽  
Roman Halenin ◽  
Nataliia Hlushchenko
Keyword(s):  
Legal Status ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Initial Stage ◽  
Relevant Topic ◽  
Scientific Results ◽  
Definition Of ◽  
And Control

The article deals with an important and relevant topic – the definition of the concept and essence of cryptocurrencies, the study of the problems of their legal regulation, the rationale for control over their turnover, as well as the analysis of ways to counter money laundering that involves cryptocurrency. The authors emphasize that measures taken exclusively at the state level are not enough to create an effective, integrated and comprehensive system for regulating the legal status of cryptocurrencies. Therefore, international cooperation and the strengthening of cooperation between various states in the field of cryptocurrency regulation is important. The authors analyze the scientific doctrine regarding the essence of cryptocurrency. It was found out that there was no single approach to the definition of “cryptocurrency” among scientists. Moreover, cryptocurrencies in various laws of the world have different status. The authors used general scientific and special scientific methods, which provided an objective analysis of the purpose of the study. The research methods were used in interconnection and interdependence, which ensured the comprehensiveness and completeness of the research, as well as the validity of the obtained scientific results. The authors have determined states where cryptocurrency has an official status, is at the initial stage of legal regulation or completely prohibited at the state level. The relevance of the research consists in the actual absence of the legal framework for the regulation of cryptocurrencies, which is conditioned by the novelty of this phenomenon and the problems related to its functioning. The authors proposed their own definition of cryptocurrency based on its main features.

scholarly journals On the issue of legal regulation of surrogate motherhood

2020 ◽  
pp. 102-108
Author(s):  
Antonina Chuprova ◽  
Nataliya Dolgushina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Infertility Treatment ◽  
Medical Community ◽  
Surrogate Motherhood ◽  
Legislative Framework ◽  
State Programs ◽  
Protection Of Participants

The review article describes the legal basis for regulating surrogacy as one of the programs of assisted reproductive technologies, highlights the shortcomings of the Russian legal framework and the complexity of its application in cases related to surrogacy. It should be noted that currently the problem of infertility treatment, including the use of assisted reproductive technologies, is one of the priority state programs. Surrogacy, although controversial among legal scholars and medical professionals, is embedded in these programs. A significant part of the medical community notes that, despite the insignificant contribution of this program to the demography of the country, the ambiguity of ethical aspects, the use of this method of infertility treatment should not be underestimated. At the same time, it is necessary to improve the legislative framework governing the institution of surrogate motherhood, which will ensure the protection of participants in these legal relations.

scholarly journals International Legal Regulation of Preimplantation Genetic Diagnostics (PGD) and Trends in the Development of Russian Legislation in the Field of Assisted Reproductive Technologies

Lex Russica ◽  
2019 ◽  
pp. 9-17
Author(s):  
N. A. Altynnik ◽  
V. V. Komarova ◽  
M. A. Borodina ◽  
E. I. Suvorova ◽  
S. S. Zenin ◽  
...  
Keyword(s):  
Assisted Reproductive Technologies ◽  
Genetic Research ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Genetic Diagnostics ◽  
Chromosomal Disorder ◽  
Right Not To Know ◽  
The Right ◽  
Selection Of

The article analyzes key instruments of international legal regulation of preimplantation genetic diagnostics (PGD) procedure. The authors substantiate the conclusion that the requirements and principles formulated in these instruments can be successfully used for the development and improvement of the national legal framework aimed at regulating the PGA. The main directions of such use are defined. First, it is necessary to consider the existence of genetic predisposition to a particular disease or chromosomal disorder (the medical purpose) and provide a qualified consultation of a genetic scientist concerning the mechanism and consequences of diagnostics. Secondly, the legal regulation of genetic information obtained through the PGA requires an independent normative framework: determining the framework the law-maker must be guided by the fact that any intervention in the human genome aimed at modifying it may be carried out only for preventive, diagnostic or therapeutic purposes. In this regard, it is important to prohibit the PGA for social purposes (selection of embryo according to specific characteristics, establishment of compatibility between a donor and a recipient, looking beyond the prohibition to choose the embryo gender that is currently imposed under Russian legislation). Third, a separate regulatory framework is needed to resolve the problem of informing the patient about the results of examination: in addition to the right to be informed of the results of examination, it is also necessary to recognize the individual’s «right not to know,» particularly relevant to predictive genetic research.

General principles of regulation of pre-implantation genetic diagnosis: the definition of Russian prospects taking into account foreign experience

2019 ◽  
Author(s):  
N.A. Altinnik , V.V. Komarova , M.A. Borodina et all
Keyword(s):  
Assisted Reproductive Technologies ◽  
Genetic Diagnosis ◽  
Professional Community ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Basic Principles ◽  
Reproductive Freedom ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to the problem of determining the basic principles of the legal regulation of preimplantation genetic diagnosis (PGD) in the Russian Federation, taking into account existing international experience. It is substantiated that the development of national legislation in this area should include the legal definition of PGD as one of the stages of using assisted reproductive technologies, as well as the establishment of generally binding requirements for the procedure, conditions and features of the diagnosis, taking into account the need to minimize the damage caused to the embryo. A comprehensive model for the development of domestic legislation and law enforcement is proposed, the content of which includes state guarantees and restrictions harmoniously complemented by ethical requirements developed by the professional community of specialists in genetics, extending the content of the process of genetic counseling for PGD, interpretation of research results and ensuring compliance with the principle of reproductive freedom in deciding on the results of diagnosis.

Surrogacy: An international comparative analysis of the fundamental legislative principles of Ukraine

2019 ◽  
Vol 60 (1) ◽  
pp. 37-44 ◽  
Author(s):  
Svetlana M Sylkina ◽  
Nurlaiym K Mynbatyrova ◽  
Zhuldyz B Umbetbayeva ◽  
Gulmira K Shulanbekova ◽  
Dana U Baitukayeva
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Social Dimensions ◽  
International Comparative ◽  
Further Development ◽  
Individual Regulation

In contemporary societies, the use of assisted reproductive technologies has become increasingly widespread, justifying the need for proper legal regulation of the relevant relationships. The purposes of the article are to analyse the nature the content of the phenomenon of surrogacy, to assess the current legislation of Ukraine in this area and to produce a comparative analysis with the legislation of other states. The aim is to formulate recommendations and outline prospects for further development of national legal regulation of surrogacy relationships. Within the framework of this research, the regulatory matrix and individual regulation of surrogacy were subjected to a comparative analysis within the context of ensuring the rights and freedoms of those citizens implementing surrogacy. This assisted in revealing medical and social dimensions of the legal relations of surrogacy, determining their purpose, considering the specifics of concluding a surrogacy agreement and reviewing the legal status of subjects.

scholarly journals LEGAL REGULATION OF THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES BY PERSONS, NOT MARRIED AMONG THEMSELVES, IN RUSSIA AND THE USA

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Анна Назарова ◽  
Anna Nazarova
Keyword(s):  
Assisted Reproductive Technologies ◽  
Adult Population ◽  
The United States ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Modern World ◽  
Legal Method ◽  
The Us ◽  
The Usa

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.

scholarly journals APPLICATIONS OF GENETIC TECHNOLOGIES WHILE PROVIDING SERVICES FOR SURROGACY: PROBLEMS OF JUDICIAL PROTECTION OF RIGHTS

2020 ◽  
Vol 16 (2) ◽  
pp. 44-57
Author(s):  
Анатолий Левушкин ◽  
Сулико Алборов
Keyword(s):  
Assisted Reproductive Technologies ◽  
Genetic Material ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Private Life ◽  
Genomic Research ◽  
Scientific School ◽  
Scientific Methods ◽  
Genetic Technologies ◽  
Judicial Protection

At the present stage of the formation of the rule of law and a developed civil society in Russian medical practice, the possibility of using genes and genetic technologies related mainly to the sphere of private life for surrogacy and protecting the rights of citizens while providing such services is of particular relevance. A scientific school in the field of medicine has already been formed in the world, aimed at implementing genetic technologies and genomic research with assisted reproductive technologies. Aim: scientific and practical understanding of the problems of judicial protection of rights in the sphere of applying genetic technologies while providing surrogacy services and some trends in legal regulation of surrogacy. The methodological base of this work is general scientific methods of cognition of legal phenomena, such as synthesis, the method of analogy, formal logic, and others, as well as the private scientific methods of studying contractual regulation. Results: It is proved that modern society has existed for a long time in the era of genetic technologies. The practice of introducing such developments is aimed at the implementation and protection of human rights while providing surrogacy services in medical activities. The problems of judicial protection of the rights of subjects of legal relations of surrogate motherhood are identified. In legal relations of childbearing, in which a donor of genetic material took part, the need to protect the rights of a given person has been proved when he is charged with parent duties, although his actions were not aimed at giving birth to a child.

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