Genetic information as the latest sign of discrimination

2021 ◽  
pp. 65-70
Author(s):  
I. Zharovska
Keyword(s):  
Genetic Information ◽  
The United States ◽  
Legal Regulation ◽  
Practical Significance ◽  
Insurance Companies ◽  
Financial Benefit ◽  
Voluntary Consent ◽  
Foreign Law ◽  
Wide Range ◽  
The Individual

Purpose. Analysis of the latest form of discrimination against a person - according to genetic information, to find out the features of the legal regulation of anti-discrimination in foreign law in relations with insurance companies and employers. Method. The methodology includes a synergetic approach, which indicates the novelty and uncertainty of the latest legal phenomena that have emerged with the development of genetics and biomedicine. The following methods of scientific cognition were used during the research: terminological, comparison, normative-legal, historical. Results. Ukraine needs to update its legal regulations in the field of anti-discrimination. The development of genetics and medicine has opened up the possibility of obtaining a wide range of genetic information. The law should regulate the scope of possible use of information and be based on the principle of voluntary consent to receive it and the individual right to disclose information. Genetic information can be used by employers to give a prerogative to certain categories of workers and insurance companies to obtain a higher level of financial benefit by infringing on people with genetic defects. To combat this type of discrimination, it is proposed to implement the positive experience of the United States in creating specialized legislation. Scientific novelty. In the course of the research it was established that the development of legal policy in the field of combating and preventing discrimination on the basis of genetic information should consist in a comprehensive legal regulation of the issue from the standpoint of medical, civil, family and labor relations. Practical significance. The results of the study can be used in lawmaking as a proposal to supplement anti-discrimination legislation and medical law.

scholarly journals Sources: Oil: A Cultural and Geographic Encyclopedia of Black Gold

2015 ◽  
Vol 54 (4) ◽  
pp. 83
Author(s):  
Paul MacLennan
Keyword(s):  
United States ◽  
International Relations ◽  
The United States ◽  
Monetary Value ◽  
Wide Range ◽  
To Come ◽  
The Individual ◽  
As Effects

In the winter of 2015, as this review is being written, the price of gasoline is plummeting in the United States and what this will mean for the individual, community, and country for the immediate future but also in years to come is unknown. There are a wide range of implications in politics, economics, and international relations as well as effects on what the individual pays for everyday groceries. It is therefore important that libraries provide their communities with the resources that include information and discussion on how energy and its monetary value interact with society.

scholarly journals The Legal Status of Election Officials in the State of Montana

Legal Concept ◽  
2019 ◽  
pp. 137-144
Author(s):  
Alexey Szydlowski
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Full Description ◽  
Election Law ◽  
Us States ◽  
American Federation ◽  
Wide Range ◽  
The Us

Introduction: the election law of the US states to date remains insufficiently studied not only in Russia but also abroad. This is due to the fact that the legal regulation of the electoral process in America is attributed to the powers of the states or municipalities, depending on the legal doctrine applied by the state – Cooley Doctrine or Dillon Rule, which objectively imposes a limit on its study and generalization. The purpose of the study is to acquaint a wide range of scientific community with the latest research in the field of the US election law in regard to the first in the domestic law full description of the organizers of elections and referendums at the state and municipal levels in the United States. The author reviews a wide range of regional and local legislation with references to the constitutional, legal and regulatory acts of the US States. The paper is part of a series that explores all fifty subjects of the American Federation and the District of Columbia. Procedure and methods of research: the author analyzes the constitutional and electoral legislation of the United States at the level of Montana at the beginning of 2019. The methodology of the study was the comparative law, formal-legal, formal-dogmatic, specific-sociological, empirical, dialectical, analytical methods, the systematic approach. Results: the information about the organizers of elections and referendums in Montana, which was not previously covered in the Russian scientific literature, is introduced into scientific circulation. The interpretations of certain provisions of the law and legal consciousness of the U.S election law and law enforcement practice are given. The gaps of the legislation requiring additional research are surfaced. The theoretical and practical significance lies in the generalization of both the established and the latest legal sources (constitutions, organic laws, federal laws, charters, by-laws and regulations) of the United States and the subject of the American Federation and the development of proposals for the enrichment of the Russian science and the formation of objective understanding of the processes taking place in the United States in the field of constitutional, electoral law and the state-building. Conclusions: for a systematic and comparative legal analysis the author proposed the review of the legislation on the organizers of elections and referendums of Montana, revealing the existing contradictions, from the point of view of the Russian researcher, which allows considering the full range of elements of the electoral legislation of Montana from a new angle, seeing new legal structures, previously unknown to the domestic statesmen and law enforcers.

VARIETIES OF BURDEN IN RELIGIOUS ACCOMMODATIONS

2019 ◽  
Vol 34 (1) ◽  
pp. 42-63
Author(s):  
Anna Su
Keyword(s):  
Burden Of Proof ◽  
The United States ◽  
Community Practice ◽  
Equitable Distribution ◽  
Government Regulations ◽  
High Courts ◽  
European Court ◽  
Wide Range ◽  
Religious Accommodation ◽  
The Individual

ABSTRACTReligious accommodation analysis often takes the form of a tripartite test. One of the factors in such a test is the presence of burden, the current judicial understandings of which have been inadequate to capture a wide range of impact that government regulations have on the individual or community practice of religion. This article considers and compares the jurisprudence of the high courts of the United States and Canada and the European Court of Human Rights and argues for an expansive understanding of the burden requirement in the evaluation of religious accommodation claims, namely to consider burden as (1) coercion, (2) impact, and (3) ratification. I argue that it is imperative to acknowledge different kinds of burden before proceeding to determine its gravity. This approach takes religion more seriously than prevailing approaches and provides for a more equitable distribution of the burden of proof in religious accommodation claims.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

scholarly journals The Oxford Handbook of Productivity Analysis

2018 ◽  
Keyword(s):  
Productivity Growth ◽  
Management Practices ◽  
New Technologies ◽  
Global Financial Crisis ◽  
Organizational Factors ◽  
Well Being ◽  
The United States ◽  
Productivity Analysis ◽  
Wide Range ◽  
The Individual

According to the Organisation for Economic Co-operation and Development (OECD), in the two decades preceding 2014 two member countries, Italy and Spain, experienced productivity decline, while just four member countries, Korea, Ireland, Finland, and the United States, managed to achieve rates of productivity growth in excess of one percent per annum. Rates of productivity growth slowed following the global financial crisis in nearly all member countries. These diverse national productivity performances are aggregates of the productivity performances of individual producers, which are influenced by organizational factors such as the quality of management practices and the adoption of new technologies, and also by institutional features such as the stringency of product and labor market and environmental regulations. At the level of the individual producer, productivity has an important impact on financial performance and survival, while at the aggregate level, productivity is a critical determinant of national well-being. The essays collected in the Handbook provide significant contributions to our understanding of the causes and consequences of productivity growth. Part I contains the editors’ introduction. The chapters in Part II address a variety of measurement issues, from both analytical and practical perspectives. The chapters in Part III address a wide range of productivity issues at the level of the individual producer or industry. The chapters in Part IV address a range of aggregate productivity issues, both domestic and international.

Legal Problems and Risks of Genetic Revolution: Genetic Information and Discrimination

Lex Russica ◽  
2019 ◽  
pp. 18-29 ◽  
Author(s):  
E. E. Bogdanova
Keyword(s):  
Genetic Information ◽  
New Technologies ◽  
Legal Regulation ◽  
Hereditary Diseases ◽  
Legal Nature ◽  
Genetic Revolution ◽  
The Russian Federation ◽  
The Individual ◽  
Intangible Benefit ◽  
Family Privacy

In the article the author highlights that new technologies can significantly change both the life of each person and the development of human civilization as a whole. In this regard, it is necessary to draw attention to the fact of increasing importance of genetic information contained in human DNA in various areas of life of a human being and, due to this fact, the need for legal science to effectively protect the rights of an individual in order to prevent harm caused by the misuse of his genetic information.On the basis of the analysis of the problems arising in connection with the use of genetic information about a person, the author concludes that the legislation in this area needs to be improved also with a view to preventing discrimination against individuals on the basis of genome. By its legal nature, genetic information is an element of personal, family privacy of an individual and is included in the broader concept of privacy of the individual. Therefore it must be protected by law as an intangible benefit (Art. 150 of the Civil Code of the Russian Federation). However, the existing legal regulation is not able to take into account the specifics of genetic information and to provide effective protection against misappropriation and misuse of this information including protection against actions aimed at establishing restrictions on the basis of hereditary diseases and other characteristics in employment, conclusion of contracts of insurance, credit agreements, etc.

scholarly journals Comparative Susceptibility of Kudzu Accessions from the Southeastern United States to Infection by Phakopsora pachyrhizi

Plant Disease ◽  
2009 ◽  
Vol 93 (6) ◽  
pp. 593-598 ◽  
Author(s):  
M. R. Bonde ◽  
S. E. Nester ◽  
W. F. Moore ◽  
T. W. Allen
Keyword(s):  
United States ◽  
Southeastern United States ◽  
Average Diameter ◽  
Economic Loss ◽  
The United States ◽  
Soybean Rust ◽  
Phakopsora Pachyrhizi ◽  
Wide Range ◽  
The Individual ◽  
A Site

Soybean rust, caused by Phakopsora pachyrhizi, was first discovered in the continental United States in the fall of 2004. The potential for economic loss in the United States hinges largely on whether or not the pathogen can survive winters in the absence of soybean. Kudzu (Pueraria lobata) is known to be a host for P. pachyrhizi in Asia and South America and is widely distributed in the southern United States. This study examined reactions of kudzu collected from several areas of the southeastern United States to three isolates of P. pachyrhizi, one each from Alabama, Louisiana, and Brazil. Susceptible tan (TAN) lesions, resistant reddish-brown (RB) lesions, and immune (IM) response, previously described on soybean, were produced on kudzu based on the evaluation of 125 plants. However, in contrast to soybean, the RB response on kudzu was common, with approximately 50% frequency. IM responses to at least one isolate were observed on five individual plants, and two plants were immune to all three pathogen isolates used in the test. TAN lesions averaged 3.2 uredinia per lesion with an average diameter per uredinium of 121 μm. In contrast, RB lesions had an average of 0.3 uredinia per lesion with an average uredinial diameter of 77 μm. In 25 of 39 (64%) instances in which multiple plants were tested from a site, each reacted the same to the individual pathogen isolates. This suggested a tendency for plants at specific sites to be genetically identical with respect to rust reaction. Only 19 of 125 (15%) individual plants produced a different reaction to one isolate than to the other two isolates. When four kudzu plants previously shown to produce only TAN lesions to P. pachyrhizi isolates Alabama 04-1, Brazil 01-1, and Louisiana 04-1 were inoculated with eight additional isolates from several areas of the world, all 11 isolates produced only TAN lesions. Likewise, when five other plants previously shown to produce only RB lesions when inoculated with the three isolates were inoculated with the 11 isolates, all produced only RB lesions. These results suggest that susceptibility or resistance to P. pachyrhizi in individual kudzu plants often is broad, extending over a wide range of P. pachyrhizi isolates.

scholarly journals The role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries

2021 ◽  
pp. 22-62
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Information Security ◽  
Patent Protection ◽  
The United States ◽  
Legal Regulation ◽  
Patent Law ◽  
Practical Significance ◽  
Technical Data ◽  
Brics Countries ◽  
Advanced Development

The subject of this research is the role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries. The relevance of the selected topic is substantiated by the fact that modern countries, for example, the founder of computer industry – the United States along with the BRICS member-states, realize the importance and practical significance of cryptography in different spheres (military, civil) and aim to develop the means and systems of information security, establishing legal regulation for various aspect of its application. Such approach needs elaboration on the development and implementation of cryptography from the perspective of supranational and international law. It is determined that the currently used encryption methods are essentially based on the methods that use special mathematical algorithms built in computer software. Such methods are a substantial  but surmountable obstacle for acquiring copyright and patent protection. The examined legal orders evolve by encouraging the development of national cryptographic and software systems, and ensuring its protection by patent law under certain conditions and based on a number of principles that are taken into account in national legislation of the BRICS countries. Correlation of the effectiveness of ensuring information security using only patented encryption or with application of additional protection based on the provisions on commercial secret, demonstrated futility of using the latter. From the perspective of international (or supranational) law, cryptographic software is controlled within the framework of international agreements on distribution of technical data, military and dual-purpose products.

scholarly journals Ethic principles of using genetic information during criminal jurisdictional activity

2021 ◽  
Vol 136 (3) ◽  
pp. 86-97
Author(s):  
O.I. Andreeva ◽  
◽  
O.A. Zaitsev ◽  
Keyword(s):  
Genetic Information ◽  
Legal Regulation ◽  
Private Life ◽  
Criminal Case ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Data Bases ◽  
The Individual ◽  
Genome Information

The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.

CONCERNING THE APPLICATION OF LEGAL TRANSPLANTS IN LABOUR LAW OF UKRAINE

2021 ◽  
pp. 12-16
Author(s):  
S. Venediktov ◽  
Keyword(s):  
Rapid Development ◽  
Legal Regulation ◽  
Labour Law ◽  
Related Factors ◽  
Wide Range ◽  
The World ◽  
Complex Procedure ◽  
Labour Standards ◽  
Legal Transplantation ◽  
The Individual

The paper analyzes the features of the implementation of legal transplants in the labour law of Ukraine, as well as the factors that contribute to the effective implementation of this category. Transplantation of legal rules and institutions from one country to another is quite common in the world and the history shows many examples of positive or negative transplantation of rules and institutions of labour law. Collective labour law is characterized by a pronounced complexity, which manifests itself in a variety of related interdependent elements that require mandatory accounting. In the individual labour law, such complexity is less pronounced, therefore, some of its practical elements are naturally inclined towards greater acceptance. The most comprehensive example of successful legal transplantation is labour standards of the International Labour Organization. The ILO is a specialized agency of the United Nations that deals directly with the world of work. As of today, 187 states are members of this organization. The ILO adopts conventions, recommendations and protocols on labour issues. The most striking manifestations of legal transplants in the labour law of Ukraine are characteristic, first of all, for the period of its formation and development, which falls on the 20th century. Turning to the prospects for the use of transplants in labour law of Ukraine, it should be noted that in the future this phenomenon to some extent will inevitably accompany the rule-making process. This is facilitated by Ukraine's membership in the ILO, EU integration, growing globalization, the gradual narrowing of social barriers, the rapid development of digital technologies, etc. However, in this case, it should always be remembered that legal transplantation does not forgive formalism and dilettantism, it is not expressed in the literal transfer of the rule or institution of law, but is a complex and complicated process, which is characterized by a wide range of related factors. Such factors include: political component, socio-economic context, traditions in society and social culture, legal culture. Labour law belongs to those branches of law that are naturally suitable for legal transplants. More than a century of ILO activity is a vivid confirmation of this. In turn, legal transplants should not be considered as an option that allows to minimize efforts in reforming national legislation, on the contrary, they are characterized by a rather complex procedure, which is influenced by political, socio-economic, cultural and legal factors. But a comprehensive and balanced consideration of these factors will undoubtedly lead to a positive result. This is due to the presence of a significant number of foreign examples that have long been tested in practice and have led to favorable consequences in the legal regulation of employment relationships, and their implementation in Ukraine would certainly serve as an impetus for the further development and effective functioning of domestic labour law.

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