Methods of Legal Regulation for Surrogacy in Ukraine and Abroad

2020 ◽  
pp. 129
Author(s):  
SERGII ANTONOV
Keyword(s):  
Legal Regulation ◽  
Legal Issues ◽  
Human Reproduction ◽  
Theoretical Development ◽  
Practical Significance ◽  
Human Right ◽  
Main Research ◽  
Same Sex Couples ◽  
Commercial Surrogacy ◽  
Delayed Parenthood

Almost at the onset of surrogacy as a method of ART, it has been attracting the attention of society as the way to fulfill the issue of high priority – procreation and family. Surrogacy has become one of the main research objects of bioethics that studies the ethical and moral aspects of the use of new biological and medical technologies. The main issue of this article is the identification and comparative analysis of the features of the legal regulation of the method of surrogacy in Ukraine and other countries. The particular importance lies in specifying those prohibitions and restrictions, who they are applied to, and how they relate to the human right to procreation. The comparison to the laws of other countries that have a better legal surrogacy regulation will take place. The theoretical and practical significance of the work is reflected in the fact that the results can be used in the further theoretical development of the legal issues related to surrogacy as one of the methods of human assisted reproduction. The research made it possible to find out the basic terms that are used in the legal regulation of surrogacy. In the course of the research, it was found out that legal regulation of the use of the ART methods in the word, including surrogacy, varies depending on the jurisdiction. Each country has their laws. Nowadays it is possible to divide legal regulation of the use of the surrogacy method into four basic legal regimes: – regime of permission; – regime of restriction; – regime of complete prohibition (in any form); – regime of uncertainty. Ukrainian legislation is considered to be very liberal in relation to surrogacy. Major types of surrogacy, including commercial surrogacy, are permitted and widely used. Moreover, in Ukraine, legislation does not allow traditional surrogacy, and also does not allow couples who do not have a registered marriage, single people, and same-sex couples, to use this method. It should also be borne in mind that the method of surrogacy can only be used for medical reasons. In Ukraine, taking into account the peculiarities of notarization, agreements (contracts) on commercial surrogacy should be preferably signed by a notary. However, in the legislative norms there is no direct reference to the notarized form of such an agreement.The obtained research results indicate that Ukrainian surrogacy legal regulation is lacking a special law and thus remains fragmented. According to the author, only through the adoption of a special law in Ukraine, it will be possible to make proper legal regulation of basic reproductive human rights, including the application of the method of surrogacy, the peculiarities of concluding surrogacy agreements, post-mortem human reproduction and delayed parenthood.

Legal Regulation of Land Lease in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1398
Author(s):  
Dmytro V. SANNIKOV ◽  
Svetlana V. KHOMINETS ◽  
Denys L. KOVACH ◽  
Rymma A. TSYLIURYK ◽  
Alona O. CHYRYK ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Issues ◽  
Practical Significance ◽  
Successful Resolution ◽  
Legislative Framework ◽  
Legal Position ◽  
The Law ◽  
The Right

The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.  

scholarly journals THE IMPACT OF COVID-19 PANDEMIC ON IMPROVING THE LEGAL REGULATION OF PROTECTION OF HUMAN RIGHT TO HEALTH

2020 ◽  
Vol 73 (12) ◽  
pp. 2768-2772
Author(s):  
Oleh M. Omelchuk ◽  
Inna V. Shevchuk ◽  
Anna V. Danilova
Keyword(s):  
Criminal Liability ◽  
Analytical Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Right To Health ◽  
Human Right ◽  
Main Research ◽  
Cultural Rights ◽  
The Right ◽  
The Impact

The aim: Theoretical and methodological substantiation of the impact of COVID-19 on the implementation of state policy on the protection of human right to health in terms of improving the legal framework in the field of demographic security. Materials and methods: The main research materials are the norms of the International Covenant on Economic, Social and Cultural Rights, the Conventions for the Protection of Human Rights and Fundamental Freedoms and the legal framework of the countries that have adopted temporary quarantine measures. This research is based on empirical and analytical data from WHO, Bloomberg's financial information provider. During the research, the following methods have been used: statistical, system-structural analysis, content-analysis, comparison, grouping and forecasting. Conclusions: Under the conditions of pandemic, attention should be paid to strengthening both administrative and criminal liability for violating quarantine, which will serve as a prerequisite for improving the legal mechanism of combating threats to the country's demographic security. The protection of the right to health requires the state to create conditions to prevent the risk of occupational diseases among health care workers and others involved in the response to COVID-19.

Optimization of Preparation of Civil Case for Trial

2020 ◽  
Vol 2 ◽  
pp. 24-31
Author(s):  
N. V. Alekseeva ◽  
◽  
L. N. Pavlova ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
The Real ◽  
Civil Case ◽  
Practical Recommendations

The article is devoted to the issue of increasing the efficiency and achieving the real practical significance of the stage of preparation of a civil case for trial in civil and arbitration proceedings. The authors draw conclusions about the need for widespread use at this stage of the obligation as a means of legal regulation and more stringent structuring and regulation of training. Practical recommendations for improving procedural legislation in terms of regulation of this stage are offered.

Law and biomedicine

2021 ◽  
Author(s):  
Fatima Comartova ◽  
Andrey Pomazanskiy ◽  
Elena Nikitina ◽  
Saria Nanba ◽  
Timur Mel'nik ◽  
...  
Keyword(s):  
Human Nature ◽  
Human Life ◽  
Rapid Development ◽  
Legal Regulation ◽  
Theoretical Development ◽  
Social Orientation ◽  
Public Authorities ◽  
Global Problems ◽  
Biomedical Technologies

The rapid development of modern biomedicine creates both hopes for solving global problems of humanity, and risks associated with the enormous potential of its impact on human nature. In this regard, the processes of development and application of biomedical technologies need timely and adequate legal regulation that defines the boundaries of biotechnological intervention in human life. This publication is devoted to the theoretical development of general legal approaches to the essence, content, social orientation and the main industry features of the regulation of relations in the field of biomedicine, which would allow to form a special legal regulation in this area. For researchers, teachers, postgraduates, students, practicing lawyers, employees of public authorities.

scholarly journals International Legal Regulation of Military Outer Space Activities

2012 ◽  
pp. 190-197
Author(s):  
A. I. Antonov
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Legal Issues ◽  
Arms Race ◽  
International Level ◽  
Legal Basis ◽  
Legal Provisions ◽  
Space Activities

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals Legal Issues of Assisted Reproduction- the Albanian Perspective

2014 ◽  
Vol 1 (1) ◽  
pp. 179
Author(s):  
Jonada Zyberaj
Keyword(s):  
Assisted Reproduction ◽  
New Technologies ◽  
Family Law ◽  
Legal Issues ◽  
Legal Issue ◽  
Constitutional Rights ◽  
Human Right ◽  
European Court ◽  
Legislative Changes ◽  
State Liability

Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.

scholarly journals USE OF ORGANIZATION AND ENGINEERING IN EVENT TOURISM

2020 ◽  
pp. 22-28
Author(s):  
Svitlana Tyshchenko ◽  
Taisiіa Chernyshova ◽  
Snizhana Mutasova
Keyword(s):  
System Analysis ◽  
Technical Support ◽  
Point Of View ◽  
Practical Significance ◽  
Wide Audience ◽  
Main Research ◽  
Goal Development ◽  
Effective System ◽  
Event Tourism ◽  
First Time

The article discusses the main problems of the implementation of event tourism in certain territories, which primarily include: short-term event; the scale of the event; placement in a natural area; lack of sufficient means of accommodation and services for tourists; style of events and the like. Goal. Development of an effective system of organizational and technical support for event tourism events. Methodology. The main research methods, in order to achieve the goal, are the analysis of engineering support, the classification of mobile homes for event tourism and the modeling of requirements for them based on the system analysis of event tourism technologies. Results. The organizational and technical support of event tourism activities proposed in the article will reduce the technogenic load on the local natural landscapes of natural areas in the places where event events are held. This will contribute to the formation of a higher culture, the style of their conduct, which will make it possible to undertake events of event tourism in regions that are even more attractive to a wide audience of tourists not only in our country, but also abroad. This method of organizational and technical support can also be used for holding rallies, forums, conferences and other events. Important for the success of the development of event tourism and the correct organization of organizational and engineering support is the formation of a calendar of events, which makes it possible to approach all future events in a planned manner, from the point of view of engineering and technical support, later will give its positive results. Scientific novelty. The current state of the use of mobile houses in event tourism on the territory of Ukraine is analyzed for the first time. For the first time, the calendar of the territory of the Stanishovskaya OTG of the Zhytomyr region was compiled for 2020-2021. Practical significance of the study lies in the fact that the compiled calendar of event tourism will be used by OTG "Stanishovskaya" in full and taking into account our recommendations regarding the holding of mass events.

scholarly journals The Precarious Position of Same-Sex Divorce in Texas

2014 ◽  
Vol 1 (3) ◽  
pp. 779-800
Author(s):  
Shawna M. Young
Keyword(s):  
Legal Issues ◽  
Courts Of Appeals ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Legal Remedy

Currently, same-sex couples that are legally married in a jurisdiction that recognizes same-sex marriage may not be able to divorce if they move to Texas. Of the few cases tried in Texas, most courts refused to grant the samesex divorce because the courts refused to recognize the underlying marriage. Because these couples cannot simply return to the granting state due to most states’ divorce residency requirements, they cannot divorce and face untold issues due to this inability. While Texas does offer the opportunity for the couple to declare the marriage void, declaring the marriage void is not an adequate legal remedy and may not prevent property and other legal issues. Instead, Texas should analyze divorce as implicating rights separate from those implicated by marriage. Based on such analysis, Texas should grant same-sex divorces. While several authors have addressed this issue from a national standpoint, this Comment addresses the issue as it stands in Texas, where a jurisdictional split between the courts of appeals makes it ripe for discussion.

scholarly journals Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

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