scholarly journals Actual Problems of Reforming Legislation on Surrogacy

2021 ◽  
Vol 16 (4) ◽  
pp. 66-75
Author(s):  
E. E. Bogdanova ◽  
D. A. Belova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Artificial Reproduction ◽  
Surrogate Motherhood ◽  
Analysis And Evaluation ◽  
The Family ◽  
The Russian Federation ◽  
Russian Law

The paper is devoted to the analysis and evaluation of the draft law “On Amendments to Certain Legislative Acts of the Russian Federation Regulating Surrogate Motherhood Issues” aimed at improving legislation in the field of assisted reproductive technologies. The authors highlight the provisions of the draft law that deserve support due to their focus on ensuring the interests of the child and substantiate the appropriateness of enshrining provisions under consideration in the rules of Russian law, in particular, provisions consolidating age restrictions for potential parents, the prohibition of commercial mediation in the field of artificial reproduction, etc. At the same time, the provisions that need to be changed in order to balance the interests of all participants in the emerging public relations are identified and substantiated. The authors subject to critical analysis provisions restricting access of single individuals to surrogacy technologies due to their unreasonableness, contradiction to the provisions of the Constitution of the Russian Federation and conceptual approaches to understanding the family, motherhood and childhood.

scholarly journals Assisted reproductive technologies: correlation between public law and private law principles

2021 ◽  
pp. 59-68
Author(s):  
Anna Rolandovna Purge
Keyword(s):  
Russian Federation ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Public Law ◽  
Private Law ◽  
Special Contribution ◽  
Assisted Reproduction Technologies ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic

The object of this research is the correlation between public law and private law principles in the context regulation of the use of assisted reproductive technologies in the Russian Federation and the Republic of Tajikistan. The subject of this research is the norms of the Russian and Tajik legislation that regulates the procedure of using assisted reproduction technologies, as well as public law and private law principles of their regulation. The scientific novelty of this work lies in carrying out a comprehensive analysis of the relevant problematic on correlation between public law and private law principles in the context of regulation of the use of assisted reproductive technologies in the Russian Federation and the Republic of Tajikistan (taking into account the contradiction and conflicts of law of these legal relations). The author’s special contribution lies formulation of the original proposals for the progressive solution to the problem of correlation between public law and private law principles in regulation of the use of assisted reproductive technologies in the territory of the Russian Federation and the Republic of Tajikistan.

Formation of the concept of legal regulation of preimplantation genetic diagnosis in the Russian Federation in the context of ensuring and protecting reproductive freedom of the individual

2020 ◽  
Author(s):  
V.V. Komarova , N.A. Altinnik , G.N. Suvorov
Keyword(s):  
Preimplantation Genetic Diagnosis ◽  
Russian Federation ◽  
Assisted Reproductive Technologies ◽  
Medical Science ◽  
Genetic Diagnosis ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Reproductive Freedom ◽  
The Russian Federation ◽  
The Individual

Objectives. The aim of this study is the formation of a concept of preimplantation genetic diagnosis (PGD) in the Russian Federation in the context of ensuring and protecting reproductive freedom of the individual. Material. The regulatory legal acts, the doctrinal sources of the Russian Federation are examined to identify key problems that impede the formation of the desired concept. Methods used: general philosophical, general scientific, private scientific, special (structural-legal, formal-legal). Results. The basic postulates of the concept of legal regulation of PGD in the Russian Federation are substantiated. As part of the analysis of domestic legislation, key problems are identified that impede the formation of the desired concept that meets the level of development of medical science and the needs of consumers of medical services. The conclusion is justified that it is necessary to fix at the legislative level the place of pre-plantation genetic tests in the assisted reproductive technologies system, thus giving PGD independent significance outside the context of the problems of infertility treatment. It has been argued that, in addition to the norms of the basic law on protecting the health of citizens, a separate sub-legislative normative legal act of the Ministry of Health of the Russian Federation should be developed in the system of legal regulation of PGD in Russia, forming a set of mandatory requirements for the PGD procedure, depending on diagnostic goals, as well as determining which methods are preferable depending on the goal and what results the consumer can count on. Conclusions. It is noted that in the system of norms on genetic research, special attention should be paid to genetic counseling, establishing mandatory requirements for the content of the consultation - in relation to PGD, this should include explanations regarding the algorithm and method of the study, the possibilities and limitations of this type of diagnosis for each a particular case, the features of its application to solve a single genetic problem.

scholarly journals FEATURES OF LEGAL REGULATION OF GENOMIC RESEARCHES: FAILURES, SECURITY CONCERNS AND PROSPECTS

2020 ◽  
Vol 30 (1) ◽  
pp. 145-152
Author(s):  
A.A. Mokhov ◽  
A.N. Yavorsky ◽  
A.R. Pozdeev
Keyword(s):  
Russian Federation ◽  
Assisted Reproductive Technologies ◽  
Genetic Diseases ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Poor Quality ◽  
Federal Law ◽  
The Russian Federation ◽  
Public Health Protection ◽  
Genetic Consultation

The urgency of the article is determined by the need to ensure biological and ecological safety of Russia. The article gives examples of failures of auxiliary reproductive technologies in the Russian Federation and abroad which at present do not have adequate algorithms of legal resolution and are unsafe for ecology and man. Investigating the existing Russian legislation it has been revealed that passing only of obligatory medico-genetic consultation and incomplete medico-genetic inspection with approximate assessment of the genetic status of the donor does not exclude development of the fetus with severe genetic diseases, which is considered by the consumer of the service as poor quality and unsafe. It is noted that in cases of use of biomaterials from abroad, a comparative study of the genome becomes unlikely due to paragraph 7 of Art. 55 of the Federal Law of 21.11.2011 № 323-FZ "On the fundamentals of public health protection in the Russian Federation" and the order of the Ministry of Health of Russia from 30.08.2012. (ed. 01.02.2018) № 107n "On the order of using assisted reproductive technologies, contraindications and restrictions on their use". The conclusion was drawn on the need to develop and fix organizational and legal mechanisms and develop appropriate procedures.

scholarly journals Clinical and economic analysis of using the thrombodynamics test in patients undergoing treatment with assisted reproductive technologies in the Russian Federation

2021 ◽  
Vol 14 (2) ◽  
pp. 124-135
Author(s):  
D. G. Shchurov ◽  
V. S. Dombrovskiy
Keyword(s):  
Russian Federation ◽  
Assisted Reproductive Technologies ◽  
Clinical Effectiveness ◽  
Medical Costs ◽  
Reproductive Technologies ◽  
Number Of Children ◽  
Direct Medical Costs ◽  
The Russian Federation ◽  
Economic Efficacy ◽  
Infertile Patients

Objective: early assessming the clinical and economic efficacy of the thrombodynamics test in infertile patients undergoing treatment with assisted reproductive technologies (ART), as well as the impact of this test on the health care budget of the Russian Federation.Material and methods. The study was carried out on the basis of statistical data on the number of ART cycles, the proportion of patients with hypercoagulation and normocoagulation of blood, data on the clinical effectiveness of ART programs in Russia, including the dependency on the status of blood coagulation, as well as cost data. The analysis was carried out according to three scenarios: 1) thrombodynamics test with subsequent correction of the revealed hypercoagulability status before in vitro fertilization (IVF); 2) thrombodynamics test with the subsequent refusal to perform IVF in patients with hypercoagulability; 3) thrombodynamics test with subsequent correction of the revealed hypercoagulability status before the start of the frozen-thawed embryo transfer. The criteria for clinical effectiveness were the following indicators: the number of children born and the number of potentially saved life years. Clinical and economic efficacy criteria included: total direct medical costs; incremental cost-effectiveness ratio (ICER); changes in the amount of total direct medical costs; resizing effectively and ineffectively spent funds.Results. The use of the thrombodynamics test will potentially increase the number of children born by 21–33 children and the number of years of life saved, with discounting considered, within the range of 923–1448 years per 1000 ART cycles, depending on the study scenario. The smallest ICER values were observed in Scenario 2, and amounted to 112,120 rubles for 1 child born and 2519 rubles for 1 saved year of life. The highest ICER values were obtained in Scenario 1: 275,576 rubles for 1 child born and 6191 rubles for 1 saved year of life. The use of the thrombodynamics test in women with infertility before ART in Russia will require an increase in direct medical costs from 174 to 425 million rubles (by 1–5% of the initial level of costs) in absolute terms, depending on the chosen scenario with a time horizon of 1 year.Conclusion. Due to the expected significant improvement in treatment outcomes and the small amount of additional costs, the introduction of the thrombodynamics test into the routine practice of assessing blood clotting in infertile patients before the start of the ART cycle is potentially cost-effective, but further clinical studies are required for a more accurate economic assessment.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

Regional experience in adapting decent wage standards in agriculture: analysis and evaluation

2021 ◽  
pp. 10-22
Author(s):  
V. N. Kiryanova
Keyword(s):  
Minimum Wage ◽  
Russian Federation ◽  
Comparative Assessment ◽  
Practical Implementation ◽  
Average Wage ◽  
Analysis And Evaluation ◽  
Collective Agreements ◽  
Subsistence Minimum ◽  
The Russian Federation

In article the question of extent of adaptation of Standards of the decent salary in branch of agriculture as one of important instruments of increase in profitability of work in agriculture is considered. In order to solve this problem, the author analyses and carries out a comparative assessment of the content of Sectoral Labour Agreements with a view to reflecting in them social guarantees on decent remuneration of workers of the industry in a number of subjects of the Russian Federation. In addition, the article provides analytical material on the degree of practical implementation of social guarantees, as the basis of Decent Wage Standards, using statistical groupings of the constituent entities of the Russian Federation on a number of indicators. For example, by ratio. The minimum wage and subsistence minimum, as well as the average wage and subsistence minimum; Their dynamics by years are given. In addition, the author of the article believes that in order to gain a better understanding of the implementation of the Decent Wage Standards in the industry, it is necessary to study the practice of their application at the level of enterprises and organizations in order to assess the degree of implementation of social and legal guarantees when concluding collective agreements directly in organizations. This will be the next stage of the study on the adaptation of Decent Wage Standards.

A checklist of bat-associated macronyssid mites (Acari: Gamasina: Macronyssidae) of Russia, with new host and geographical records

Zootaxa ◽  
2021 ◽  
Vol 4974 (3) ◽  
pp. 537-564
Author(s):  
M.V. ORLOVA ◽  
P.B. KLIMOV ◽  
O.L. ORLOV ◽  
D.G. SMIRNOV ◽  
A.V. ZHIGALIN ◽  
...  
Keyword(s):  
Russian Federation ◽  
Small Mammals ◽  
Mite Species ◽  
Russian Regions ◽  
New Host ◽  
Extensive Survey ◽  
Blood Sucking ◽  
The Family ◽  
The Russian Federation ◽  
Host Parasite

The family Macronyssidae (Acari: Mesostigmata) comprises mostly obligate blood-sucking ectoparasites of bats (Mammalia: Chiroptera) and some other animals, such as small mammals, reptiles and birds. Here, we document and curate previously known data, and, based on our extensive survey, provide this article of bat-associated macronyssid mites of the Russian Federation. We record a total of 24 mite species belonging to 4 genera (Ichoronyssus, Macronyssus, Steatonyssus, and Cryptonyssus). Twenty-seven new host-parasite associations are reported. In addition, were provide data on five major Russian regions, for which bat-associated mite records were lacking. 

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