GENOMIC RESEARCH: COUNCIL OF EUROPE STANDARDS AND LEGAL REGULATION IN RUSSIA

2019 ◽  
pp. 108-118
Author(s):  
P. A. KALINICHENKO ◽  
◽  
S. V. KOSILKIN ◽  
Keyword(s):  
Research Council ◽  
Legal Regulation ◽  
Genomic Research ◽  
Council Of Europe

scholarly journals SPECIFICS OF LEGAL REGULATION IN GENOMIC RESEARCHES AT THE INTERNATIONAL AND EUROPEAN LEVEL

2020 ◽  
pp. 68-78
Author(s):  
P. A. Kalinichenko ◽  
M. V. Nekoteneva
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Genomic Research ◽  
The European Union ◽  
Genome Research ◽  
Council Of Europe ◽  
Human Genomics ◽  
European Regional

This article is devoted to the analysis of diff erences in approaches and in choice of tools at the international (universal) and European (regional) levels of interaction between states in the regulation of relations in the fi eld of genomic research and the implementation of their results. The article analyzes specifi cs of approaches at the universal and regional level, including activities of the UN family bodies, the Council of Europe, the European Union in the fi eld of protecting human rights and human genomics. Special attention is paid to the role of international soft law in the development of legal regulation (self-regulation) in the mentioned fi eld. The materials of the article can be useful both in theoretical and practical jurisprudence, and may also be of interest for other areas of the human genome research (bioinformatics, medicine, human reproduction, etc.).

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

scholarly journals International legal regulation of transnational cybercrime in cyberspace

2021 ◽  
Vol 66 ◽  
pp. 276-283
Author(s):  
V.V. Popko ◽  
E.V. Popko
Keyword(s):  
Legal Regulation ◽  
International Criminal Law ◽  
Council Of Europe ◽  
Computer Data ◽  
Transnational Organized Crime ◽  
Normative Documents ◽  
Computer Tools ◽  
Universal Instrument ◽  
Characteristic Features ◽  
Terrorist Acts

The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed. The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

2020 ◽  
pp. 352-356
Author(s):  
Anna Kochkova ◽  
Maryna Dei
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Labor Rights ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Association Agreement ◽  
The Impact ◽  
Selection Of ◽  
The Eu

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

scholarly journals Peculiarities of Legal Regulation of the Use of Genomic Technologies in Embryology and Artificial Fertilization in the UK

Lex Russica ◽  
2020 ◽  
pp. 39-46
Author(s):  
S. A. Vasiliev ◽  
S. Kh. Sarmanaev ◽  
S. S. Zenin ◽  
A. Yu. Shirokov
Keyword(s):  
Legal Regulation ◽  
Modern Medicine ◽  
Genomic Research ◽  
High Tech ◽  
Human Fertilisation ◽  
Genomic Technologies ◽  
Human Fertilization ◽  
Artificial Fertilization ◽  
Genomic Editing ◽  
The Uk

The development of modern medicine is based on the development of high-tech treatment methods. One of such methods includes the application of genomic research that in Russia is not inferior, but in many ways superior to the achievements of Western scientists. However, legal regulation, or rather lack of such regulation in our state prevents comprehensive application of advanced techniques in practice. In order to solve this issue, it becomes relevant to study the experience of foreign countries in order to take into account their flaws and gaps in legal regulation to deal with the debate over problems that may be associated with the application of advanced techniques. The paper considers the use of genomic technologies in the UK in the field of embryology and artificial fertilization as one of the most open areas for genomic editing in modern medicine. The paper elucidates the issue of obtaining and withdrawal (revoking or suspending) of the license by organizations that provide medical services in the field of embryology and artificial human fertilization. The authors also deal with the issue of the formation of specialized bodies, e.g. appeals committees in the Human Fertilisation and Embryology Department, dealing with narrow issues. The authors have chosen legal regulation of the issue under consideration in Britain because it appears to be the most liberal regulation as compared with the regulation applied in the other States and even under international law. This, in turn, creates grounds for fears, disputes and discussions in the expert community, which is also of particular interest to the forthcoming Russian law-making and law enforcement. For the purposes of the study, the authors analyze the provisions of the Human Fertilisation and Embryology Act in terms of their applicability both in the UK and in Russia and examine expert opinions regarding the issues under consideration. Based on the work done, the authors propose to implement the model of legal regulation under which both children who appeared as a result of genomic editing and donors are to be informed of the application of this method.

scholarly journals CURRENT ISSUES OF LEGAL REGULATION OF HUMAN GENOME DATABASES CREATING AND FUNCTIONING

2020 ◽  
Vol 16 (2) ◽  
pp. 134-144
Author(s):  
Алексей Чемерис ◽  
Владимир Анисимов ◽  
Фарит Аминев
Keyword(s):  
Human Genome ◽  
Genetic Information ◽  
Large Scale ◽  
Legal Regulation ◽  
National Standards ◽  
Genomic Research ◽  
Genomic Information ◽  
Federal Law ◽  
Genome Databases ◽  
State Organizations

The relevance of the article is due, on the one hand, to the active introduction of genomic research technologies into everyday life and the accumulation of a significant amount of genetic information while providing medical care and other genome screening and sequencing services by private and state organizations. On the other hand, it is relevant due to the beginning of the implementation of large-scale government projects to create an information-analytical system for storing and processing genetic data. In these circumstances, the issues of developing an effective legal regulation of creating and functioning of human genome databases are of particular importance. Aim: to study the requirements of international and national standards for statutory regulation of relations connected to genomic researches, as well as to collecting, processing, storing and using genetic information. Methods: in the study formal logical and general scientific methods of scientific knowledge are used; private scientific (comparative legal, formal dogmatic) methods are used. Results: Based on these requirements, the current national legislation is assessed, an urgent need is defined to adopt a special federal law on the protection of genomic information, which enshrines the necessary rules on procedures for forming relevant databases, the procedure for storing and using the resulting genomic information, as well as the legal regime of the information contained in the database.

LEGAL REGULATION OF HUMAN ORGANS AND TISSUE TRANSPLANTATION: INTERNATIONAL AND FOREIGN EXPERIENCE

2021 ◽  
Vol 74 (10) ◽  
pp. 2651-2658
Author(s):  
Oleksandr Ya. Rogach ◽  
Anatoliy M. Potapchuk ◽  
Tereziia P. Popovych ◽  
Oksana V. Maslyuk
Keyword(s):  
Legal Regulation ◽  
World Health ◽  
Council Of Europe ◽  
Foreign Experience ◽  
Human Organs ◽  
Wide Range ◽  
The World ◽  
General Scientific ◽  
Guidelines And Standards ◽  
Health Organization

The aim: To highlight and analyze the international aspect of the legal regulation of human organs and tissues transplantation, as well as foreign experience of regulation in this area within the relevant national legal systems (for example, US, Germany, Israel, Switzerland, Spain, Argentina, China and India). Materials and methods: Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Thus, the efforts of the international community and the countries under study in the field of transplantation are focused on a wide range of important issues that need to be regulated. The international legal regulation of transplantation covers the results of the activities of such international organizations as the World Health Organization, the Council of Europe, and the World Medical Assembly. The acts adopted by them are mainly of a recommendatory nature (with the exception of some Council of Europe acts on trafficking in human organs) and are addressed primarily to States, offering guidelines and standards for the legal regulation of transplantation within national legal orders. Therefore, the issues of donation and transplantation of human organs and tissues in the respective states are determined by special legislative acts, which comprehensively regulate the procedure for their transplantation.

Ethical and Legal Aspects of Regulating Genomic Research in International and Russian Practice

2019 ◽  
Vol 64 (5) ◽  
pp. 69-70 ◽  
Author(s):  
П. Калиниченко ◽  
P. Kalinichenko ◽  
Д. Пономарева ◽  
D. Ponomareva
Keyword(s):  
Human Rights ◽  
Radiation Exposure ◽  
Legal Aspects ◽  
International Standards ◽  
Genomic Research ◽  
Council Of Europe ◽  
European Court ◽  
The Subject

Despite the UN efforts at the universal level, there are no legally binding instruments at this level devoted exclusively to biomedicine and genomic research. However, an experience in the field of protection against radiation exposure could be useful in this regard. The active development of Biomedicine and genomic research has led to conflicts between ethics and law, which have been the subject of consideration in the higher courts, including at the supranational structures level, in particular, the Council of Europe and the European Court of human rights. Nevertheless, it should be noted that despite all the laws imperfections, Russia is building its approach within the existing system of international standards that allow for the national uniqueness of the regulation in the relevant sphere.

scholarly journals Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights

2018 ◽  
Vol 28 (4) ◽  
pp. 16-22
Author(s):  
M. Dei ◽  
A. Kochkova
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
Judicial System ◽  
International Standards ◽  
Labor Rights ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
The Status ◽  
Protection Of Human Rights

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

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