scholarly journals THE RIGHT TO CLONE: SOME ASPECTS OF THE CONTEMPORARY DISCOURSE

2020 ◽  
Vol 73 (3) ◽  
pp. 597-602
Author(s):  
Anatoliy M. Potapchuk ◽  
Tereziia P. Popovych ◽  
Yevhen Ya. Kostenko ◽  
Yana O. Baryska ◽  
Vasyl V. Levkulych
Keyword(s):  
Legal Regulation ◽  
Therapeutic Cloning ◽  
Unresolved Issue ◽  
Therapeutic Activity ◽  
Law And Order ◽  
Reproductive Cloning ◽  
National Legislation ◽  
General Scientific ◽  
The Right

The aim: The paper aims to analyze some aspects of the contemporary discourse which concern the determination of the content and specificity of the right to clone. It also outlines the main trends in the development of legal regulation of cloning within international and national law and order. Materials and methods: Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Regarding the findings of the study it is necessary to note the following. First, if there is a shared negative vision of the feasibility of reproductive cloning in general, which is enshrined in international and national legislation, the need for therapeutic cloning remains an unresolved issue. Secondly, medicine advances and accordingly sees new perspectives and innovative developments in the field of therapeutic activity, in particular, related to the results of therapeutic cloning, which can help in the fight against incurable diseases. Hence, there is the necessity of further research aimed at the improvement of the existing mechanisms for implementing therapeutic cloning, and determining its limits and procedural aspects.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals Gender problems in newborns: social, medical and legal aspects

2019 ◽  
Vol 64 (3) ◽  
pp. 124-128
Author(s):  
G. N. Komkova ◽  
A. V. Basova
Keyword(s):  
Sexual Development ◽  
Developmental Disorders ◽  
Coming Of Age ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Self Determination ◽  
Constitutional Principle ◽  
The Right

Objective of the study. To analyze the modern literature on the legal regulation of the determination of the sex of newborns with disturbances of sexual development in Russia and abroad, as well as the right of these children for self-determination of their sex upon coming of age. Material and methods. The review is based on the domestic and foreign literature published overthe past 7 years, including in Pubmed. Results. There were revealed the modern problems of the legal regulation of determining the sex of newborns with developmental disorders in the territory of the Russian Federation. Conclusion. The right to the sex self-determination of  the children born with impaired sexual development upon coming of  age requires careful analysis by medical experts, as from a legal point of view it contributes to a more complete implementation of the constitutional principle of equality regardless of gender and ensures human rights in accordance with their perception and attitude.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

Medical Research on Minors in Finland

2008 ◽  
Vol 15 (2) ◽  
pp. 135-144 ◽  
Author(s):  
Salla Lötjönen
Keyword(s):  
Decision Making ◽  
Medical Research ◽  
Working Group ◽  
Legal Regulation ◽  
Self Determination ◽  
Policy Makers ◽  
Case Examples ◽  
The Right

AbstractThis article concerns the legal regulation of medical research on children in Finland. The topic is covered by the Medical Research Act of 1999 and by the Recommendations issued by the Working group on medical research on children in 2003. The Decisions of the Parliamentary Ombudsman also play an important role in this area in Finland. The article focuses on two specific issues: involvement of guardians in decision-making for the child, and the expansion of the right to self-determination of minors. Two case examples on these topics are also discussed. Overall, the author comes to the conclusion that the Finnish legislation, policy-makers, investigators and the industry have succeeded well in taking into account international legislation in this area, although there is also room for improvement.

scholarly journals ԹԵՐԱՊԵՎՏԻԿ (ԲՈՒԺԱԿԱՆ) ԿԼՈՆԱՎՈՐՄԱՆ ԿԻՐԱՌՄԱՆ ԻՐԱՎԱԿԱՆ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ/THE PROBLEMATIC LEGAL ISSUES OF THERAPEUTIC (MEDICAL) CLONING IN THE REPUBLIC OF ARMENIA/ОБ ОСНОВНЫХ ПРАВОВЫХ ПРОБЛЕМАХ ПРИМЕНЕНИЯ ТЕРАПЕВТИЧЕСКОГО (МЕДИЦИНСКОГО) КЛОНИРОВАНИЯ В РЕСПУБЛИКЕ АРМЕНИЯ

2020 ◽  
pp. 76-86
Author(s):  
Karo Khachmanyan
Keyword(s):  
Legal Regulation ◽  
Legal Issues ◽  
Therapeutic Cloning ◽  
Reproductive Cloning ◽  
The Republic ◽  
Legislative Amendments

The article is focusing on the problematic legal issues of therapeutic (medical) cloning. The paper analyzes the definition, types, purpose of the cloning, prospects for the use of therapeutic cloning; the paper also highlights the problems in this field and proposes suggestions to clarify them. Based on the analysis, it also provides conclusions regarding the legislative amendments and addendums related to the clarification and improvement of the cloning institute. The paper refers to the incomplete legal regulation of this institute, in particular the absence of special low of the Republic of Armenia on legal regulation of the cloning, the necessity to study the prospects for the regulation of international legislation on the prohibition of reproductive cloning and the development of therapeutic cloning.

scholarly journals The acts of the EU tax law and double tax treaties: the problems of correlation in establishing anti-tax avoidance rules

2022 ◽  
Vol 5 (4) ◽  
pp. 175-186
Author(s):  
E. A. Ponomareva
Keyword(s):  
Tax Evasion ◽  
Legal Regulation ◽  
Tax Law ◽  
Eu Law ◽  
Tax Treaties ◽  
Member States ◽  
National Legislation ◽  
Tax Regimes ◽  
The Right ◽  
The Eu

The subject. The specifics of the functioning of tax systems and the risk of double taxation require a solution to the issue of whether tax competence can remain only at the national level. Modern cross-border tax relations operate within a multi-level system of legal regulation based on the norms of international, supranational and national lawThe difficulties of correlating these levels are rooted in the fact that, in accordance with international law, each State has the right to tax persons or transactions with which it has a sufficient connection. Different situations may occur when both countries believe that the taxpayer is their resident, or when each of them claims that the income was received in this state. States solve this problem both unilaterally with the help of national legislation, and on a bilateral basis with the help of a double tax treaty.With the adoption of the Action Plan aimed at combating the erosion of the tax base and the withdrawal of profits (hereinafter referred to as the BEPS plan) and the EU Council Directive 2016/1164 (ATAD), tax strategies for using gaps and inconsistencies in tax rules to artificially transfer profits to low-tax jurisdictions were limited.Purpose of the study. The article discusses possible scenarios arising from the interaction of tax agreements and acts of EU tax law. It is necessary to take into account the obligation of the Member States to eliminate inconsistencies between acts of national legislation and acts of EU law. Member States have committed to achieve this goal at the time of EU accession and, therefore, before the adoption of any secondary EU law.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of international and European legal literature. Structural and systemic methods are also the basis of the research.The main results. Due to the clear coordination between the European Union and the OECD of actions in terms of establishing common measures to combat tax evasion and focusing on the subjective element of assessing potential abuse situations, a new standard for combating tax evasion has been established.Сonclusions. The author comes to the conclusion that the priority of the EU law over DTTs has been established. However, Member States retain the right to establish their own tax regimes and enter into tax treaties, thereby creating conflicts in legal regulation. In order to be directly applicable, the norm of the treaty must be clearly and definitely formulated, as well as be unconditional and independent of any national implementation measures.National legislation provides measures to eliminate the legal multiple taxation only for its residents. On the other hand, with respect to tax agreements concluded with third countries, the predominance of one system over another depends on the specific scenario, and in some cases the result achieved is the result of interpretation of existing provisions. In particular, tax treaties should prevail only when concluded before a state joins the EU.

scholarly journals LEGAL REGULATION OF RESTRICTIONS ON FREEDOM OF MOVEMENT DURING THE SPREAD OF COVID-19

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 211-217
Author(s):  
E. V. Kazantseva
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Russian Federation ◽  
Legal Regulation ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Human Value ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

scholarly journals International community in search of legal answers to the digitalisation challenges

2021 ◽  
Vol 118 ◽  
pp. 02010
Author(s):  
Anatoly Yakovlevich Kapustin ◽  
Sayana Bairovna Balkhaeva ◽  
Andrey Evgenievich Pomazansky ◽  
Azamat Tynyshtykbaevich Aldabergenov
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Organisations ◽  
International Consensus ◽  
Scientific Methods ◽  
Global Problems ◽  
General Scientific

The purpose of the study is to analyse the regulatory potential of international law taking into account its main focus for the regulation of new relations associated with digitalisation processes. The research methodology consisted of formal-legal, formal-logical, interpretation of law as well as general-scientific methods. The research resulted in the solution of problems involving the determination of the key areas of international cooperation in respect of those issues in which the need for international legal regulation has already most clearly manifested so far. The authors attributed to them the international cooperation under the auspices of international organisations, primarily the United Nations, monitoring compliance with international law and preventing its possible violations, solving global problems such as climate change, sustainable development, migration, terrorism and armed conflicts. The novelty of the research lies in the very formulation of the problem as well as the conclusion that international legal regulation in the field of digitalisation should be based on international consensus. At the same time, it is possible to reach such a consensus both within the framework of existing international organisations, which can be adapted to address new issues due to their universality, and through the development of new international agreements.

scholarly journals IS THE INSTITUTE OF JUDICIAL REVIEW OF DECISIONS TAKEN UNDER APPOINTMENT OF THE COURT SESSION IN NEED OF FURTHER CHANGES?

2017 ◽  
Vol 21 (2) ◽  
pp. 169-175
Author(s):  
T. K. Ryabinina
Keyword(s):  
Practical Importance ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Analysis And Synthesis ◽  
Red Tape ◽  
General Order ◽  
General Scientific ◽  
The Right

The article discusses issues concerning the legal regulation of the procedure for appealing against judicial decisions taken by the court under appointment of the court session. The author raises the problem of the necessity and appropriateness of any decision appeal taken in this stage of the process. Iit is proved that since any judicial decision determining the further movement received from the Prosecutor of the criminal case affects the interests of the participants in the proceedings. So the participants should be given the right of appeal to the General order, that is, in accordance with chapters 45.1 and 47.1 of the code of criminal procedure. In the paper general scientific and special legal methods of studies are used: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem which has not only theoretical but also practical importance, namely, to rethink the essence of the appeal against the intermediate court decisions. The author challenges the position of many scientists that the appeal of any and all decisions made under appointment of the court session, having primarily organizational and security nature, creates judicial red tape and delays the timing of the proceedings and therefore the criminal trial on the merits, basing his opinion that sometimes the execution of certain judgments of the court leads to much more temporal, organizational, and material costs than their verification by the higher court. In addition the right to appeal procedural actions and decisions, as a principle of criminal proceedings, along with other principles is designed to protect the legitimate rights and interests of any participant in the process. In modern Russian criminal proceedings that is a priority. Therefore, the author proposes to exclude the provision on prohibition to appeal an individual judge's decision rendered under appointment of the court session from the code of criminal procedure and to leavу only the ban to appeal the decision on the venue, date and time of the hearing.

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