scholarly journals APPROACHES TO LEGAL REGULATION OF GENETIC TESTING IN THE RULE-OF-LAW STATE

2020 ◽  
Vol 16 (2) ◽  
pp. 145-156
Author(s):  
Светлана Чубукова
Keyword(s):  
Human Rights ◽  
Genetic Testing ◽  
Genetic Data ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Insurance Companies ◽  
Dialectical Logic ◽  
Genetic Characteristics ◽  
Legal Norms ◽  
Freedom Of Contract

The relevance of legal regulation of genetic testing is determined by the fact that genetic data can be used not only for the good, but also for discrimination against a person. Aim: To analyze the approaches of different countries to the development of legal regulation of genetic testing and the use of genetic data. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; private scientific methods: comparative legal and the method of interpretation of legal norms. Results: Two approaches are identified in legal regulation of the use of genetic data. The first approach involves limiting the freedom of contract in the field of employment or insurance, introducing general prohibitions on human rights discrimination on the grounds of genetic characteristics or creating special legal rules for insurance companies and employers. The second approach is to enact comprehensive privacy laws to protect genetic data from collection, use and disclosure without the consent of the parties involved. It is concluded that only an integrated approach to legal regulation of genetic researches and the use of genetic information, including the introduction of general prohibitions on discrimination on the ground of genetic characteristics in human rights legislation, the creation of special legal norms for insurance companies and employers, the establishment of a strictly controlled regime for genetic data use will ensure the protection of the rights of subjects of genetic data and the bio-security of the state.

scholarly journals LEGAL REMEDIES FOR PREVENTING DISCRIMINATION ON GENETIC CHARACTERISTICS IN THE INSURANCE SPHERE

2020 ◽  
Vol 16 (2) ◽  
pp. 31-43
Author(s):  
Елена Крюкова
Keyword(s):  
Genetic Information ◽  
Information Needs ◽  
Insurance Companies ◽  
Dialectical Logic ◽  
Genetic Characteristics ◽  
Scientific Methods ◽  
Legal Norms ◽  
Insurance Sector ◽  
Legal Remedies ◽  
Access To Data

The article analyzes the norms of Russian and foreign legislation regarding the prohibition of discrimination on genetic characteristics in the insurance sector. The article reviews the problem of increasing the risks of insurance companies to have large payments in the future and the unaccounted load on the remaining insured persons due to the lack of complete and reliable genetic information about the insurance body. Aim: a comprehensive analysis of Russian legislation in terms of the possibility of insurers using genetic information about the insured. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods are used: legal-dogmatic and the method of interpretation of legal norms. Results: the conclusions about the need to detail international principles in the mentioned sector and the regulation of the procedure for providing genetic information to third parties are substantiated. The author proposes a differentiated approach regarding the possibility of access to data on the human genome within the framework of various types of insurance. The article emphasizes that health insurance should be based on the concept of solidarity regardless of the genetic characteristics of insured persons, and as a result, the regulatory framework that ensures the regime of confidentiality of genetic information needs to be strengthened and specified.

scholarly journals Ensuring Human Rights in Ukraine: Problematic Issues and Ways of their Solution in the Social and Legal Sphere

2020 ◽  
Vol 37 (64) ◽  
pp. 124-136
Author(s):  
Yevhen Leheza ◽  
Tatiana Filipenko ◽  
Olha Sokolenko ◽  
Valerii Darahan ◽  
Oleksii Kucherenko
Keyword(s):  
Human Rights ◽  
Integrated Approach ◽  
Unified Approach ◽  
Legal Norms ◽  
The Social ◽  
Political Forces ◽  
Protection Of Human Rights ◽  
The Stability ◽  
Development Prospects

The article discusses some complex factors influencing the process of realization of human rights in Ukraine, highlights the unified approach to the classification of legal norms that exercise human rights and freedoms, as well as problems and development prospects. Now the real protection of human rights is one of the most acute problems of the Ukrainian reality. It serves as one of the most important tasks, not only for the functioning but also for the existence of the Ukrainian state. Therefore, it should be borne in mind that guaranteeing respect for human rights in Ukraine is only possible through effective reform of the power system and compliance with an integrated approach to guarantee human rights, both by the State and by society. civil. It is concluded that guaranteeing the general enjoyment and enjoyment of human rights is a matter of co-responsibilities, which is why it is also negatively affected by the rigid opposition of the political forces, which undermines the stability of society, the stability of the constitutional order. While increasing the low level of legal culture of officials and citizens.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals Problematic issues of qualifying actions encroaching upon persons executing justice or preliminary investigation

2021 ◽  
Vol 108 ◽  
pp. 02005
Author(s):  
Aleksander Nikolayevich Varygin ◽  
Irina Alekseyevna Efremova ◽  
Vladimir Gennadyevich Gromov ◽  
Pavel Anatolyevich Matushkin ◽  
Anastasiya Mikhaylovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Norms ◽  
The Russian Federation ◽  
Structural Methods

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.

scholarly journals Reproductive health and human rights: concept, features and classification

2020 ◽  
Vol 9 (29) ◽  
pp. 550-557
Author(s):  
Oleksandr Shevchuk ◽  
Volodymyr Harashchuk ◽  
Igor Protsiuk ◽  
Sergii Mokhonchuk ◽  
Kseniia Naumova
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Health Protection ◽  
Synthesis Methods ◽  
Health And Human Rights ◽  
Legal Norms

The article explores the features of reproductive health legal regulation in Ukraine. The concept of “reproductive rights” is proposed, their basic principles are revealed, elements of the system of such human rights and criteria for their classification are introduced. Legal norms don`t fully provide opportunities for individuals` reproductive rights realization and preservation of their reproductive health. The purpose of the article is to disclose the features of legal regulation of reproductive rights implementation when studying the concepts of “health and human rights” and “the concept of reproductive rights”. The methodology of this research is based on use of general scientific and special cognitical methods. Comparative legal and comparative methods have allowed studying of laws governing the human right to access “assisted reproductive technologies”. The formal logical method was used to differentiate the criteria for distinguishing between legal structures “reproductive health”, “protection of reproductive health” and “reproductive rights”. The modeling, analysis and synthesis methods made it possible to identify the legal basis for human rights protection in reproductive health field, the principles for reproductive rights implementation, the reproductive rights system and their classification, and deficiencies in legal regulation. The results of this work allowed us to identify the legal problems of legislation that arise in the reproductive human rights implementation. It was proposed the adoption of a single legislative act in Ukraine, which would comprehensively regulate the reproductive health protection, consolidate reproductive human rights and provide guarantees for their implementation.

scholarly journals Genetic Discrimination in Access to Life Insurance: Does Ukrainian Legislation Offer Sufficient Protection against the Adverse Consequences of the Genetic Revolution to Insurance Applicants?

Laws ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 2
Author(s):  
Mykhailo Arych ◽  
Yann Joly
Keyword(s):  
Human Rights ◽  
Family History ◽  
Life Insurance ◽  
Genetic Information ◽  
Legal Framework ◽  
Genetic Discrimination ◽  
Insurance Companies ◽  
European Convention ◽  
Genetic Characteristics ◽  
Application Forms

This paper presents an inter-disciplinary study of the risk for, and protections against, genetic discrimination in access to life insurance in Ukraine. It aims (i) to review questions related to genetic information, health status, and family history currently included in Ukrainian life insurance application forms; (ii) to analyze the Ukrainian legislation related to equity and nondiscrimination and to determine whether it provides adequate protection against genetic discrimination (GD). Research findings of our insurance application forms review show that Ukrainian life insurance companies ask broad questions about health and family history that may be perceived by applicants as requiring the disclosure of their genetic information. Our legal analysis shows that today there are no genetic specific law protecting Ukrainians people against GD in insurance. However, Ukrainian human rights legislation provides some protection against multiple grounds of discrimination and given the ratification by Ukraine of the European Convention on Human Rights it is possible that these grounds could be interpreted by tribunals as also including genetic characteristics. As a next step, Ukrainian researchers should develop a survey to obtain much needed data on the incidence and impact of GD in Ukraine. Following this it will be possible for policymakers to better assess whether there is a need for an explicit non-GD law in this country. Such a law would have the benefit of explicitly aligning Ukraine’s legal framework with that of many of its European partners.

scholarly journals SOME ASPECTS OF DEFINING THE ESSENCE OF CHALLENGES AND THREATS TO RUSSIA'S ECONOMIC SECURITY IN THE CONTEXT OF DIGITALIZATION

2020 ◽  
Vol 16 (4-2) ◽  
pp. 11-27
Author(s):  
Марина Арутюнян ◽  
Оливер Хисматуллин
Keyword(s):  
Negative Impact ◽  
Legal Regulation ◽  
Economic Security ◽  
The State ◽  
Dialectical Logic ◽  
Economic Interests ◽  
Internal Factors ◽  
Scientific Methods ◽  
Economic Relations ◽  
Legal Norms

Improving the legal regulation of the mechanism for ensuring economic security is an important permanent task. The variability of external and internal factors, the formation and development of the digital economy necessitates the timely development and implementation of a set of adequate measures to ensure the economic interests of the society, the state and its citizens. Purpose: to characterize legally established challenges and threats to Russia's economic security, to determine their essence, meaning, forms and degree of influence on the state of protected interests in the process of digitalization of economic relations. Methods: the research is based on empirical methods of analysis, comparison, description, interpretation; theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the study allows us to determine the essence, meaning and role of threats and challenges to economic security, to determine the prerequisites for their occurrence and the forms existing in the digital environment, to formulate generalizing conclusions and proposals aimed at reducing the negative impact of threatening factors.

scholarly journals The role of specialized rules of law in the mechanism of administrative and legal regulation of human rights of the fourth generation

2021 ◽  
pp. 209-213
Author(s):  
S.O. Boldizhar
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Medical Care ◽  
Legal Regulation ◽  
Fourth Generation ◽  
Public Authorities ◽  
Legal Norms ◽  
Characteristic Features ◽  
High Level

he article is devoted to the study of the role of specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation. The study of specialized rules of law in the context of fourth-generation human rights is not given much attention. It is determined that specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation occupy a prominent place, because due to their existence reflect its basic elements (principles, tasks, principles), which are fundamental in determining the vectors of administrative and legal regulation of human rights. generation. Among such norms, norms-principles, norms-tasks, norms-principles, conflict norms, operational norms, norms-definitions, norms-terms and norms-presumptions were singled out. It is emphasized that the norms-principles determine the provisions on state priorities, among which one of the main roles is played by health care. Based on this, the state should take the necessary means to maintain a high level of health and improve medical care using special methods. Norms-tasks are aimed at defining specific tasks for public authorities in the field of human rights of the fourth generation. The guidelines define the content and basic principles of legal regulation for the entire health care system during the organization and provision of medical care using special methods. Norms-principles can be narrower when we specify the relevant human rights of the fourth generation. It is emphasized that the conflict rules in this area determine the choice to be made in case of competition of legal norms, and operational rules of law determine the order of validity of other rules until the entry into force of other rules. Emphasis is placed on the fact that among the system-simplifying norms of law in the studied area there are norms-definitions, norms-terms and norms-presumptions. Norms-definitions define basic concepts that are logical and contain the characteristic features of the concept. Deadlines are aimed at defining and calculating deadlines. In the context of transplantation of anatomical materials, presumptive norms play an important role, which determine the assumptions about the consent or disagreement of a person to remove anatomical materials from him after his death for the purposes of transplantation.

Protection of the Rights of Consumers of Services in Court and the Responsibility of the Contractor

2020 ◽  
Vol 1 ◽  
pp. 24-31
Author(s):  
A. N. Levushkin ◽  
◽  
Keyword(s):  
Public Relations ◽  
Consumer Protection ◽  
Service Provider ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Consumer Services ◽  
Political Economic

Problem Statement. We believe that a special interest is the protection of the rights of citizensconsumers in domestic service, which is considered one of the most important socially significant sectors, providing a huge variety of services. Moreover, the most acute issues are the protection of the rights of consumers of services in court and the responsibility of the service provider. Purpose and Objectives of the Study. Identify the essential features of the application of consumer protection services in court to determine some features of the responsibility of the service provider under the legislation of the Russian Federation. Research objectives: to analyze some features of protection of the rights of consumers of services in court; to determine the order of responsibility of the service provider in case of violation of the quality of the rendered service; to identify the shortcomings of legal regulation in the protection of the rights of consumers of services in court and on their legal analysis to formulate individual proposals for the reform of the current legislation. Method of Research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; historical-legal and comparative-legal methods. Results, Brief Conclusions. It is defined that the protection of consumer rights refers to the activities of the state aimed at regulating public relations that arise between a consumer and a business entity. It is established that in the entire sphere of legal regulation of consumer protection there are certain principles that determine the ways to improve consumer legal norms, taking into account political, economic, ideological and environmental conditions. They help ensure the unity of the application of legal norms in the sphere of consumer services, as well as identify ways to improve the human rights mechanism. It is argued that in ensuring the quality of household services rendered, its performers play a fundamental role. However, the correct actions on the part of the consumer, expressed in its obligation to comply with the rules for using the results of the service provided, also play a role in ensuring their proper quality. In case of rendering of household services of inadequate quality and absence of a positive result of an out-of-court dispute resolution procedure, the consumer»s right to protection is implemented by applying to the court.

The No-Gaps Approach to Parallel Application in the Context of the War on Terror

2007 ◽  
Vol 40 (2) ◽  
pp. 563-591 ◽  
Author(s):  
Fionnuala Ni Aolàin
Keyword(s):  
Human Rights ◽  
War On Terror ◽  
Legal Regulation ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Parallel Application ◽  
Legal Norms ◽  
International Human

This article asserts that a challenge exists in deflecting the prevailing view that a general gap of legal applicability exists in respect of legal regulation of the war on terror. This “gap” is articulated by a focus on a new phenomena—namely the emergence of Al Qaeda as a non-nationally motivated, transnational terrorist organization whose actions and actors do not “fit” existing legal norms and sanctions. In addressing that challenge, this article will rebut the argument that suggests a legal lacuna exists, and that no appropriate legal tools are available to states and international organizations as they confront the post September 11thcontext. In particular, the argument asserts that existing legal norms provide sufficient coverage to respond to the conflicts experienced in the contemporary moment, as well as to the state and non-state entities participating in them. The article suggests that clarity about the boundaries between the legal regime of international human rights law and international humanitarian law would assist closing off perceived regulatory gaps. It contends that the usual rationale given in favor of parallel application, namely higher protection for the victims of conflict, substantially underestimates its other valuable policy and instrumental benefits. Specifically, the traditionally vaunted victim centered rationale does not sufficiently weigh the value of affirming consistent rule of law coverage to situations of conflict. The article asserts that while further regulatory measures may be possible and even desirable to confront the contemporary challenges of conflict forms (including terrorism), a combined or dynamic approach to the law of war and international human rights law provides sufficient traction and norm content to address and be relevant to present needs.

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