scholarly journals LEGAL PROBLEMS OF APPLYING MODERN METHODS FOR PRENATAL GENETIC DIAGNOSTICS IN RUSSIA

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 52-64
Author(s):  
Рита Игоревна ХУСАИНОВА ◽  
Евгения Викторовна АХТЯМОВА ◽  
Илдар Рамилевич МИННИАХМЕТОВ ◽  
Эльвира Махаматовна АЛСЫНБАЕВА
Keyword(s):  
Chromosomal Abnormalities ◽  
Genetic Disorders ◽  
Legal Regulation ◽  
Genetic Diagnostics ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Non Invasive ◽  
Legal Problems ◽  
Using Data ◽  
Diagnostic Technologies

The paper analyzes current ethical and legal problems related to prenatal genetic diagnostics, which is an important part of Russia’s strategy of transition to personalized medicine. Particular attention is paid to the problems of the effectiveness of prenatal diagnostics and legal regulation of the use of modern genetic technologies for non-invasive diagnosis of genetic and chromosomal abnormalities in the fetus. The legal mechanisms for using data on genetic disorders in the fetus and gaps in legislation are considered. Purpose: to analyze the legal regulation of issues of prenatal genetic diagnostics in Russia and its modern non-invasive methods, to identify urgent problems of their application and to determine possible ways to solve them. Methods: the authors use empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; as well as special scientific methods of interpretation of legal norms and legal-dogmatic. Results: it is concluded that the national regulatory framework needs to improve the legal regime for DNA testing. The need to introduce non-invasive diagnostic technologies into the practice of medical genetic counselling for the general population as the safest and most progressive method of genetic diagnostics is identified.

scholarly journals Comprehensive non-invasive prenatal screening for pregnancies with elevated risks of genetic disorders: protocol for a prospective, multicentre study

BMJ Open ◽  
2021 ◽  
Vol 11 (8) ◽  
pp. e053617
Author(s):  
Chenming Xu ◽  
Xiaoqiang Cai ◽  
Songchang Chen ◽  
Qiong Luo ◽  
Hui Xi ◽  
...  
Keyword(s):  
Prenatal Screening ◽  
Chromosomal Abnormalities ◽  
Genetic Disorders ◽  
Treatment Options ◽  
Copy Number Variations ◽  
Outcome Data ◽  
Predictive Values ◽  
Clinical Sensitivity ◽  
Monogenic Disorders ◽  
Non Invasive

IntroductionChromosomal abnormalities and monogenic disorders account for ~15%–25% of recognisable birth defects. With limited treatment options, preconception and prenatal screening were developed to reduce the incidence of such disorders. Currently, non-invasive prenatal screening (NIPS) for common aneuploidies is implemented worldwide with superiority over conventional serum or sonographic screening approaches. However, the clinical validity for the screening of frequent chromosome segmental copy number variations and monogenic disorders still awaits to be proved.Methods and analysisThis study is a multicentre, prospective study. The participants were recruited from three tertiary hospitals in China starting from 10 April 2021. The study is expected to conclude before 10 October 2022. Pregnant women with abnormal prenatal screening results indicated for invasive prenatal diagnosis or those who decide to terminate their pregnancies due to abnormal ultrasound findings will be evaluated for enrolment. Cell-free DNA extracted from the maternal plasma will be used for an analytically validated comprehensive NIPS test developed by Beijing BioBiggen Technology Co. (Beijing, China). The diagnostic results from prenatal or postnatal specimens as well as the pregnancy outcome data will be collected to examine the clinical sensitivity, specificity, positive and negative predictive values of the test.Ethics and disseminationThis study was approved by the Obstetrics and Gynecology Hospital of Fudan University (2020-178). Results of this study will be disseminated to public through scientific conferences and a peer-reviewed journal. Written informed consents will be obtained from participants.Trial registration numberChiCTR2100045739.

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.

MODERN MOLECULAR GENETIC TECHNOLOGIES IN MEDICINE: ETHICAL AND LEGAL ISSUES

2020 ◽  
Vol 16 (2) ◽  
pp. 123-133
Author(s):  
Рита Хусаинова ◽  
Евгения Ахтямова ◽  
Илдар Минниахметов ◽  
Регина Султанова
Keyword(s):  
Social Issues ◽  
Molecular Genetic ◽  
Genetic Research ◽  
Legal Regulation ◽  
Hereditary Diseases ◽  
Genetic Diagnostics ◽  
Molecular Diagnostic ◽  
Dna Testing ◽  
Future Health ◽  
Dialectical Logic

Currently, the methods of molecular diagnostic technologies are being developed, improved and implemented in clinical practice, ensuring the progress of medicine. The strategy of the new direction - personalized medicine is diseases prevention and treatment based on the results of molecular genetic researches at the earliest stages of disease, however, the use of genetic testing raises a number of ethical, legal and social issues that require legislative regulation. Information obtained as a result of a genetic test allows us to predict future health status and assess the risks of pathological conditions, but can also be used by third parties to discriminate and infringe on human rights, as well as contain unexpected findings, affecting the family and descendants of the examined person. Aim: analysis and synthesis of theoretical knowledge and practical experience of legal regulation of the issues of preimplantation and prenatal genetic diagnostics; the use of genomic technologies for DNA typing of hereditary diseases and current trends in the improvement of regulatory legal acts in this field of research. 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 experience of legal regulation of the genetic research regime both in the countries of the world and in national legislation is studied. It is concluded that the national regulatory framework needs to improve the legal regime of DNA testing. Some ways to resolve regulatory issues of DNA testing are identified.

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.

scholarly journals Legislative Regulation of the Activities of Intelligence-Gathering Units of the Penal System in Ensuring the Execution of Punishment

2021 ◽  
Vol 15 (3) ◽  
pp. 642-649
Author(s):  
Igor A. Ivankov
Keyword(s):  
Legal Regulation ◽  
Penal System ◽  
Correctional Institutions ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Legislative Regulation ◽  
Central Management

Introduction: the article analyzes legislative norms regulating the activities of operational units of the Federal Penitentiary Service of Russia. Aim: by analyzing the norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, to put forward proposals for introducing amendments to certain norms so as to improve the effectiveness of legal regulation of the activities of operational units of the penal system. Methods: comparative legal method, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: having analyzed certain norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, we see that the norms under consideration are in a certain contradiction, and there are also gaps in the legislative regulation of the activities of operational units of the Federal Penitentiary Service of Russia. Conclusions: we argue that structural operational units of the territorial and central management bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities outside the territory of correctional institutions, including cases when such activities are conducted according to regulations set out as the tasks of intelligence-gathering activities in institutions executing sentences in the form of imprisonment. We also argue that operational units of the territorial bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities aimed at establishing the location of convicts, those who have escaped from correctional institutions, their detention and delivery to the investigator (inquirer) for conducting investigative actions. We note legal gaps in the legislative regulation of these measures and propose amendments to legislative acts aimed at improving the effectiveness of law enforcement practice.

scholarly journals Forest and Plant Life: Legal Problems of Distinction

2021 ◽  
pp. 84-104
Author(s):  
E. L. Minina ◽  
◽  
Yu. I. Shupletsova ◽  
Keyword(s):  
Legal Regulation ◽  
General Purpose ◽  
Green Spaces ◽  
Wild Plants ◽  
Legal Analysis ◽  
Dialectical Logic ◽  
Legal Concept ◽  
Legal Norms ◽  
Plant Life ◽  
The Status

Introduction: the article discusses issues related to the legal definition of concepts of forest and other vegetation, green spaces, as well as vegetation and plant life in general. Purpose: to perform a legal analysis of the transformation of approaches to understanding the term ‘forest’ in Soviet and modern Russian legislation. The analysis involves comparison of domestic experience with the experience of legal regulation in foreign countries and also takes into account views of Russian and foreign scientists on the relation between the legal concept of forest and vegetation outside forests. Methods: comparative legal, comparative historical, description and interpretation, theoretical methods of formal and dialectical logic, special scientific methods: formal dogmatic approach and interpretation of legal norms. Conclusions: the authors have studied legal issues concerning the status of green spaces in cities and other settlements, which is currently regulated in Russia at the regional level, in the same way as in some European countries (with the case of Austria used as an illustration in this article). Results: using specific examples, the authors have shown the process of formation of legislation on the use and protection of plant life objects, including cultivated and wild plants. Taking into account the experience of the neighboring countries and also the developments of the constituent entities of the Russian Federation, the authors made some proposals concerning the legal enshrinement of main mandatory provisions that could form the basis for further development of legislation in this sphere.

scholarly journals Institution of Legal Support for the Turnover of Genetic Information: Paradigm of the Future of Information Law

Lex Russica ◽  
2021 ◽  
pp. 92-101
Author(s):  
I. M. Rassolov ◽  
S. G. Chubukova
Keyword(s):  
Genetic Information ◽  
Scientific Community ◽  
Information Technologies ◽  
Genetic Research ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Digital Identification ◽  
Information Law

The increased scale of genetic research in the world determines the relevance of legal regulation of relations on the turnover of genetic information. The purpose of this study is to define a new legal institution for the circulation of genetic information and the main directions of development of future legislation. The methodological basis of the study comprises empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; private scientific methods: the method of comparative jurisprudence and the method of interpretation of legal norms. The results of the study allow the authors to state that there is a process of separation of the still few legal norms on the turnover of genetic information into a separate institution in the system of the information law branch.The developing institute should include norms (principles) of turnover and processing of genetic information. These are norms that consolidate the rights and obligations of subjects of information legal relations regarding the turnover of genetic information; norms that establish the legal regime of biological banks and national databases of genetic information; protective norms for state supervision of the activities of subjects in the field of turnover of genetic information; special norms on liability for violations of the requirements of the law.The most effective solution to the problem of legal regulation of relations on the turnover of genetic information in the Russian Federation is the adoption of a special law.The information activities of various entities in this area are often international in nature and are based on the norms established in treaties and national legislation. In this regard, it seems appropriate to launch a broad discussion of the problems of genetic information turnover at the level of the international scientific community. These should include identification of threats; identification of possible risks of using information technologies in medicine; unification of digital identification mechanisms; development of ethical codes of conduct for the scientific community; use of foresight methodology in order to develop common positions.

scholarly journals Legal regulation of artificial intelligence in the financial services market: a comparative analysis

2021 ◽  
Vol 118 ◽  
pp. 04007
Author(s):  
Olga Viktorovna Sushkova ◽  
Aleksey Vladimirovich Minbaleev
Keyword(s):  
Artificial Intelligence ◽  
Comparative Analysis ◽  
Financial Services ◽  
Legal Regulation ◽  
Privacy Rights ◽  
Dialectical Logic ◽  
Digital Platforms ◽  
Legal Norms ◽  
Ex Post ◽  
Artificial Intelligence Technology

The study aims to conduct a comparative analysis of the legal regulation of the use of artificial intelligence in the financial services market. The research was carried out based on empirical methods of comparison, description, interpretation, and theoretical methods of formal and dialectical logic. Particular scientific methods were used: legal-dogmatic and the method of interpreting legal norms. The financial services market is currently expanding access to finance. At the same time, the normative legal regulation of artificial intelligence technology (hereinafter referred to as AI) in the financial sector is rather fragmentary and declarative. The position is expressed that artificial intelligence in the financial services market can lead to systemic risks and the manipulation of such a market on trading platforms. It is argued that the development of artificial intelligence should adhere to regulatory goals related to market security, consumer protection, and market integrity. The authors highlight regulatory objectives and possible regulatory methods for peer-to-peer platforms that ensure equality and fair access to financial instruments. The results of the work were the justification for the need to use robotic consultants in the field of investment activities to provide consumers with access to financial services markets. It is shown that the current legal regime does not provide adequate protection for consumers of financial services in this regard. At the same time, the authors believe that artificial intelligence can be used as a form of RegTech (regulatory technology) to optimize compliance processes, thereby increasing competition in financial markets and benefiting consumers. However, such use may be contrary to the principles of confidentiality, data protection, and ethical considerations. The novelty of the work lies in the proposed basic guidelines for the development of detailed regulators for the certification of algorithms and digital platforms, for enhancing ex-ante and ex-post protection of individuals using robotic consultants, and for addressing the question of how individual rights such as privacy rights and data rights can be exercised.

scholarly journals PROBLEMS IN THE LEGAL REGULATION OF THE PROVISION OF HEALTH SERVICES: RIGHTS AND OBLIGATIONS OF THE PATIENT

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 100-112
Author(s):  
Андрей Алексеевич ИНЮШКИН ◽  
Полина Сергеевна КУДАШЕВА
Keyword(s):  
Health Services ◽  
Legal Status ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Patient’S Rights ◽  
Special Scientific

The paper analyzes the patient's legal status as a key figure in the provision of health services, identifies and qualifies his rights and obligations, reveals the specifics of some legal opportunities for consumers of health services. The purpose of the paper is a comprehensive analysis of the patient’s rights and obligations under the contract for the provision of medical services. Methods: the authors use empirical methods of comparison, description, interpretation and theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and the method of interpreting legal norms. Results: the authors conclude that it is necessary to develop a clear and complete conceptual apparatus; they propose to expand and structure the list of rights by strengthening their informational component, to detail the set of patient's obligations, and to adjust the norms on the patient's voluntary informed consent to medical intervention. The role of insurers in the medical field in helping patients to realize their legal opportunities is highlighted.

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.

Sign in / Sign up

Export Citation Format

Share Document