scholarly journals Human rights and modern biomedicine: problems and perspectives

2021 ◽  
Vol 25 (1) ◽  
pp. 14-31
Author(s):  
Georgy B. Romanovskiy ◽  
Olga V. Romanovskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Regulation ◽  
Main Task ◽  
Innovative Technologies ◽  
Innovative Methods ◽  
Social Risks ◽  
Biomedical Technologies ◽  
Mutual Relations ◽  
Regulatory Powers

The article is devoted to the emerging threats to human rights in the context of the development of biomedical technologies, as well as to the identification of social risks requiring legal resolution in this area. It suggests a human rights model for regulating innovative methods of diagnosis and treatment. The purpose of the article is to analyze legislation in the field of modern biomedicine, genetic engineering, and related innovative technologies. A comparative legal study applied in the work made it possible to substantiate a framework model for regulating modern biomedicine. The main task of such a model is to identify risks affecting fundamental human and civil rights and freedoms. With this approach, the details of regulation are the subject of bylaws or the corresponding prescriptions of professional medical organizations. Methods . The basis of this research was formed by such research methods as analysis of legal regulation, formal legal and comparative legal methods. The main results of the study are to determine the legal links between modern biomedical technologies and the concept of personalized medicine. In fact, the lack of interaction of new advances in biomedicine with the basic provisions of medical care has been revealed. The article proves the need to impose restrictions on the alleged popularization of innovative technologies by persons without medical education, using them for dubious social purposes. The risks of developing updated eugenics have been outlined. The tendency of relativism in consolidating the principles of mutual relations between a person, state, and society has been identified. Conclusions. The development of biomedicine requires an adequate response from the Russian legislation, which does not yet take into account most of its achievements. This creates certain risks for human and civil rights and freedoms. The article substantiates the introduction of bans on the most ethically questionable technologies and experiments. It is proposed to expand the powers of professional medical organizations (including the transfer of some of the regulatory powers to them).

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals Limits of permissible intervention in biomedical studies of somatic human rights

2020 ◽  
pp. 92-96
Author(s):  
Myroslava Hromovchuk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Biomedical Research ◽  
National Level ◽  
Central Place ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Moral Ideal ◽  
The One ◽  
Definition Of

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.

scholarly journals On the issue of countering the spread of coronavirus disease (COVID-19) by means of administrative and criminal law

2021 ◽  
Vol 1 (15) ◽  
pp. 76-90
Author(s):  
Viacheslav Ivanovych Borysov ◽  
Daryna Petrivna Yevtieieva
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Main Task ◽  
Criminal Offense ◽  
European Court ◽  
Protection Of Human Rights ◽  
Legislative Changes

The study highlights the dynamics of legislative changes and the current state of legal regulation of administrative and criminal liability for violations of quarantine rules. The shortcomings of the relevant legislative provisions were revealed, in particular, a conclusion was made about the violation of the principle of system-legal coherence of administrative and criminal legislation. Thus, there are issues about the delimitation of the provisions of the administrative provided in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and criminal offenses provided in the Art. 325 of the Criminal Code (in terms of such consequences as the threat of harm, specified in the part 1 of the Article 325 of the Criminal Code of Ukraine). In addition, there is an excessive severity of sanctions in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and their incompatibility with the sanctions of the Art. 325 of the Criminal Code of Ukraine. In the context of the settled case law of the European Court of Human Rights the fine under the part 1 of the Art. 443 of the Code of Administrative Offenses based on its size and subject to appointment may be recognized as corresponding to a criminal offense within the meaning of the Art. 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Another drawback of the legislation is the lack of enshrining a criminal offense for violating quarantine regulations. On the basis of the conducted research it is offered to make changes to norms of the Art. 44-3 of the Code of Administrative Offenses and the Art. 325 of the Criminal Code of Ukraine in order to optimally regulate legal responsibility for violation of sanitary rules and regulations for the prevention of infectious diseases and mass poisoning (Article 325 of the Criminal Code), as well as quarantine rules (the Art. 44-3 of the Code of Ukraine on Administrative Offenses). The main task of such changes is to construct a consistent chain of normatively established offenses in the field of compliance with quarantine rules (administrative offense - criminal offense – non-grave offense – grave offense) with adequate and proportionate responsibility for their commission.

Human rights in information society in the context of globalization

2021 ◽  
pp. 91-103
Author(s):  
Marina Haustova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Modern Society ◽  
Legal Regulation ◽  
Modern World ◽  
Main Body ◽  
The World ◽  
New Challenges ◽  
Legal Globalization ◽  
The Impact

Problem setting. The problem of human rights in the context of globalization is complex and requires concerted and effective actions, which should be applied not only at the level of nation states, but also at the global level. Globalization has opened new challenges, related to the implementation, development and transformation of human rights, accelerated their universalization, and set new challenges for the world community. The purpose of the article is to analyze the essence of globalization and the impact of globalization processes in the world on the definition of the essence and approaches to human and civil rights and freedoms, analysis of the legal basis for their consolidation and guarantee. Analysis of resent researches and publications. Today, the interest of scientists to globalization in general and legal globalization has increased significantly. The problem of human rights has a worldwide character, it has been studied by such leading foreign specialists as Z. Baumman, in. Beck, K. Omaye, S. Strahej, E. Toffler, M. Foucault, Y. Habermas, J. Rola, F. Fukuyama, etc. Certain aspects of legal globalization were studied by domestic scientists – O. Petrishin, P. Rabinovich, O. Dashkovskaya, L. Wasechko, I. Zharovskaya, N. Onishchenko, O.Uvarova and others. However, consideration of the problem of human rights transformation requires a solidise analysis and a comprehensive approach. Articles main body. The issues of interaction between globalization and law at the present stage of society development are considered. Particular attention is paid to the analysis of the factors of interaction between globalization changes and human rights in modern society. The following signs of transformation of the institution of rights and freedoms are singled out: change of the content of human rights under the pressure of global problems of the present; emergence and legal development of new human rights and freedoms; universalization and regionalization of human rights; complicating the system of international legal regulation of human rights. It is determined that in the context of globalization processes human rights standards in the sphere of digital technologies and further development of human rights to prohibit discrimination in all spheres of relations, in particular on the grounds of sexual orientation and gender identity, also deserve special attention. Conclusions. Analyzing the different approaches to the legal opportunities of people in the era of globalization, it can be stated that given the diversity of relations of which everyone in the world is a member, international organizations and each country should not dwell on developing and improving the legal framework to guarantee and protect human interests and rights. . But they are obliged to continue the legal policy on the recognition and consolidation of human rights and freedoms that appear in the changing conditions of today in the modern world under the further influence of scientific and technological progress, as well as geopolitical challenges.

scholarly journals DISMISSAL AS A MEASURE TO ENSURE CRIMINAL PROCEEDINGS

2021 ◽  
Vol 1 (10) ◽  
pp. 104-109
Author(s):  
V. Anastasiyeva ◽  
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Labor Rights ◽  
Practical Implementation ◽  
Main Task ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Social Difficulties ◽  
Legitimate Interests ◽  
The Individual

The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulation of such a measure of criminal proceedings as removal from office, given the underdevelopment of its effectiveness and significance by the pre-trial investigation authorities. The main task of the current CPC of Ukraine is to respect and protect the rights and legitimate interests of persons involved in criminal proceedings, to ensure the legality and reasonableness of restrictions on constitutional human rights and freedoms at the pre-trial stages of criminal proceedings. Measures to ensure criminal proceedings are directly related to the restriction of human rights. This institute is given considerable attention both at the legislative level - within the CPC of Ukraine provides for a separate year II, and in the practical implementation of its provisions - the implementation of specific criminal proceedings. Modern criminal procedural legislation of Ukraine, enshrining a new system of coercive measures, proposed a humanistic approach to the restriction of labor rights of the individual and established preliminary judicial supervision over the legality and justification of temporary removal from office of a suspect or accused. In the system of measures of criminal procedural coercion, removal from office occupies a special place due to the high probability of creating social difficulties for a suspect or accused person who loses his job, position and position in society, receiving a statutory level of material support from the state. Therefore, there are problems of unclear legal regulation of removal from office, the practice of applying this measure to ensure criminal proceedings has not been properly formed, which has led to a decrease in the number of satisfied requests of the prosecution. The following problems can be argued: first, the lack of justification for the need to restrict the labor rights of citizens, second, the growing role of legal guarantees to protect the rights of citizens in restricting their constitutional rights, and third, the lack of a clear list of grounds for dismissal. , the content of this measure to ensure criminal proceedings and legal regulation of the legal consequences of removal from office.

scholarly journals General Traits and Features of Present-Day National Human Rights Institutions

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Irina Levchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Framework ◽  
The State ◽  
Main Task ◽  
Control Analysis ◽  
Progressive Development ◽  
National Human ◽  
And Performance ◽  
National Human Rights Institutions

The article reflects the historical features of the process of emergence and establishment of national human rights institutions (NHRIs). Performing human rights functions by non-governmental bodies and organizations is of great importance for progressive development of the civil society and the state. Human rights are a limitation of political power and act as a means of monitoring its implementation. The author investigates both foreign and domestic experience of development and performance of NHRIs. Attention is drawn to the activities of ombudsmen in modern countries related to due course of law and the strengthening of the legal framework in the activities of the executive, extrajudicial control. Analysis of the NHRI performance allows to reveal their common and specific features. The NHGIs are an important additional (subsidiary) mechanism of legal support, not substituting but acting along with the parliamentary, judicial, administrative and other forms of control existing in the state. Their main task is to protect the rights of citizens. The article carries out a comparative analysis of the regulatory and legal support of the NHRIs, notes the need for international cooperation and exchange of experience. It makes a conclusion that legislative support of the NHRI performance contributes to the development of democratic processes related to the implementation of human and civil rights and freedoms.

scholarly journals Restriction of human rights and freedoms for the purpose of health protection under pandemic conditions: problems and offers

2021 ◽  
Vol 4 ◽  
pp. 52-59
Author(s):  
N.M-o. Salamov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Regulation ◽  
The Body ◽  
Legal Representation ◽  
Legal Norms ◽  
The Russian Federation ◽  
Effectiveness And Efficiency ◽  
The Republic ◽  
Legal Fictions

The cognitive of the author is aimed at the constitutional and legal representation of decisions of state power, on the limitation of human rights and the body of a person in a pandemic, studying the problem of constitutional and legal regulation of guarantees of human rights and freedoms, as well as putting forward proposals for their extrapolation. The regulatory framework for the study was made up of legal acts of the Russian Federation and the Republic of Azerbaijan. The theoretical basis was the works of legal scholars. The methodological foundations of the research are the general dialectical method of scientific knowledge, methods of an empirical and theoretical nature, as well as special legal methods (formal legal, comparative legal). In the course of the study, official documents are explicated and analyzed that regulate the implementation of human rights and freedoms and establish guarantees in this area. Particular attention is paid to the comparative and analytical analysis of the texts of these documents, their legal and technical design, their correlation with other regulatory legal acts. As a result of the research, the author came to the apodictic conclusion that gaps are revealed in legislative acts – lack of norms regulating situations within the scope of legal impact, as well as collisions – disagreements or contradictions between individual legal norms. These problems turn the guarantees of human and civil rights and freedoms established by legislation into legal fictions. On the basis of the analysis, a well-grounded author’s position on improving the normative regulation of guarantees of human rights and freedoms, ways of eliminating gaps and collisions from the relevant acts is proposed. Raising the level of legal regulation will ensure the effectiveness and efficiency of guarantees of human rights and freedoms, will contribute to raising the level of legal culture in society.

scholarly journals Development of theoretical and legal approaches to understanding the essence of somatic human rights in the process of biomedical research

2021 ◽  
pp. 6-15
Author(s):  
Dmytro Bielov ◽  
Myroslava Hromovchuk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Social Relations ◽  
Biomedical Research ◽  
Comparative Method ◽  
Legal Regulation ◽  
Functional Method ◽  
Legal Issue ◽  
Historical Period ◽  
Legal Method

It is pointed out that theoretical ideas about the relationship between man and the field of biomedical research inevitably affect the coverage of aspects that are not reduced to the subjects of constitutional and legal regulation. Accordingly, it was methodologically unjustified to limit the idea of realization of somatic rights of citizens only to the analysis of the norms of constitutions. The essence of the implementation of somatic rights of citizens in the process of biomedical research as effective elements in the development of society and in accordance with one category of constitutional law determines the need to review them from the standpoint of ontology, epistemology and axiology of rights. Thus, studies of these complex relationships do not take into account that they determine approaches to their knowledge, explore the order and principles of their implementation and protection, socio-legal "existence", analyze the value of political and legal image. Certainly, in order to create a reliable modern scientific foundation for understanding the essence of somatic human rights in the process of biomedical research, it is advisable to influence historical excursions in the specialty that studies a particular legal issue, constitutional and legal foundations of individual somatic rights, , on the basis of and formulated previously existing and current legislation. This will exclude certain trends in the development of both legal doctrine and rule-making activities, the results of which are a thorough improvement of current legislation of Ukraine, including codified content, solve certain problems while opening ways to solve them in different historical periods to avoid in the future. negative and borrow positive experiences. The authors argue, based on the analysis of theorists of state and rights, constitutionalists, natives who are involved in the study of somatic human rights, religious scholars who can achieve the result that the historiography of somatic human rights in biomedical research in the broad scientific field of knowledge development of constitutional and legal science and its regularities; in the narrow sense, it is a set of works on various problems of the history of modern constitutionalism, human rights, the influence of religion on human rights and the mechanism of their implementation and protection in a certain historical period. At the same time, the aim of the work is to study the constitutional and legal principles and the influence of various factors on the mechanism of realization of somatic rights in the process of biomedical research. The methodological basis of the study was the worldview dialectical, general scientific and specific scientific methods of cognition of the phenomena of state and legal reality. Thus, in particular, formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of somatic human rights among other human and civil rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of biomedical research with human participation were identified. The structural-functional method allowed to clarify the internal structure of the mechanism of constitutional and legal support of somatic rights and freedoms of man and citizen in the process of biomedical research, as well as to determine the functional purpose of each element of this mechanism. The content of legal regulations governing social relations, within which the organization and functioning of the mechanism of protection of somatic human rights in the process of biomedical research, was revealed using a special legal method of cognition. The comparative method made it possible to identify similar features and differences in the constitutional and legal regulation of the mechanism of protection of somatic human rights in the process of conducting biomedical research.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

LEGAL AND ETHICAL ASPECTS OF BIOMEDICAL TECHNOLOGIES DEVELOPMENT AND THEIR IMPACT ON A HUMAN BODY

2017 ◽  
Author(s):  
Anna Koval ◽  
Keyword(s):  
Organ Donation ◽  
Medical Practice ◽  
Human Body ◽  
Rapid Development ◽  
Legal Regulation ◽  
Biomedical Ethics ◽  
Health Protection ◽  
Hereditary Diseases ◽  
Social Regulation ◽  
Biomedical Technologies

he end of the twentieth century and the beginning of the twentyfirst century has begun the rapid development of scientific researches in the biological and medical fields. This process is associated with using of fundamentally new methods, which are primarily aimed at the disease prevention, as well as the introduction into the treatment of human diseases with the latest scientific and innovative technologies, methods and techniques of their application. These opportunities in the development of scientific technologies in the field of biology and medicine have led to the emergence of such a direction of scientific activity as "biotechnology". The proposed article notes that using of biomedical technologies has caused a number of new problems in the field of law and ethics. Legal arrangement in the field of the health protection have become much more complicated. Thanks to new opportunities, today these relations regulate rights and responsibilities of a fairly large number of people. Modern relations in the field of medical services and medical care lead to the emergence of new approaches to their regulation by both legal and ethical norms. In the past, relations in the field of the health protection were usually between two subjects, a doctor and a healthcare consumer. Nowadays, in a medical practice, relations in the field of the health protection involve: a health-care consumer, his family members (e.g., in the case of hereditary diseases diagnosis, blood and organ donation etc.) and third parties (e.g., organ donation, reproductive cell donation, surrogacy etc.). In the general doctrinal concept, biotechnology is the industrial use of living organisms or their parts (microorganisms, fungi, algae, plant and animal cells, cellular organs, enzymes etc.) for product producing or modifying, improving plants and animals, and in medical practice - in relation of the individual human organs (or body as a whole) functioning. These circumstances require improving the legal regulation of modern medicine public relations, bringing them into line with emerging realities. Moreover, the specifics of relations in this field determines the specifics of their legal regulation. The application of new medical technologiesin relation to human treatment has given rise to a significant number of moral and ethical problems that could not be solved within the framework of medical ethics and deontology alone. In connection with this, the way out of the current situation could be the consolidation of bioethics as an interdisciplinary field of knowledge, as a science, which makes it possible to explain moral, ethical and legal aspects of the medicine. This, for example, determines the allocation of medical law in an independent branch of law in some Western countries and Ukraine. The article focuses on biomedical ethics, which is a component of the medical activities system regulation. In the context of considering the levels of social regulation of medical activities, bioethics (biomedical ethics) is an interdisciplinary science that studies moral and ethical, social and legal problems of medical activities in the context of human rights protection. Bioethics should create a set of moral principles, norms and rules that are binding on all mankind and delineate the limits of scientific interference in the nature of the human body, the transition through which is unacceptable.

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