Lex Genetica: Questions of Theory and Philosophy
The development of science and technology, as well as the introduction of innovations into the production sphere, have led to the emergence of such a phenomenon as the bioeconomy. At the present time, there is no versatile definition of the concept of bioeconomy either at the national level or at the level of interstate integration associations and international organizations. To analyze the key features of the concept of bioeconomy and to identify the main approaches to the essence of this phenomenon. This is important for the understanding of directions of development of the regulatory environment in relation to bioeconomy in the Russian Federation. The article analyzes the definitions of the concept of bioeconomy at the level of the International Advisory Council on Bioeconomy (IACB), the Organization for Economic Cooperation and Development (OECD), the European Union (EU), and individual states. The author examines a range of approaches to regulating bioeconomy. The research is based on formal-logical, dogmatic methods, the comparison method and the axiological approach. The paper presents approaches to the concept of bioeconomy as a phenomenon. The author analyzes how bioeconomy relates to the circular economy (closed-loop economy) and the linear (traditional) economy. The article presents a range of approaches to the regulation of bioeconomy through the lens of proactive law and proposes a mechanism for its regulation with the help of a symbiotic regulator. The main elements of such a reg ulator are referred to in the article. They include normative regulation, the presence of ef fectively functioning organizational structures, and properly functioning processes of interaction between organizational structures and entities. The author examines a regulation method entitled ‘ethical licensing’, highlights its advantages and disadvantages, and gives recommendation on the subsequent use of this method. Due to its complex nature, bioeconomy as a phenomenon requires specific approaches to its regulation.
Lex Genetica: Private-Law Dimension
With the development of assisted reproductive technologies (ART), contracts covering cryopreservation and the storage of germ cells, as well reproductive organ tissues and embryos are beginning to find wide practical application. Parties to such contracts are faced with questions not currently set out in the current legislation of the Russian Federation. This aim of this article is to identify legal models capable of resolving the most pressing issues arising from these contracts. It is proposed that the following types of biomaterial be reviewed as a continuation of the human body: reproductive biomaterial extracted from the human body in the aims of subsequent reintroduction, and capable of fulfilling that biological function for which it is designated; as well as material aimed at restoration or improvement of organ function. Any intervention upon such biomaterial should be qualified as intervention upon human health. Thus any medical organization found to be in violation of its obligation to preserve health must compensate for any damage caused to a patient’s reproductive health - as set out in the rules of chapter 59 of the Civil Code of the Russian Federation. The author suggests the notion of “abandoned biomaterial” be incorporated in Russian legislation. “Abandoned biomaterial” presupposes the termination of the rights of a person to this biomaterial and enables the medical organization, while ensuring its preservation, to utilize such biomaterial or to use it for research purposes. This would ensure the protection of human rights and legitimate the interests of the contracting party in the event of any violation of the terms of the contract by the client. The author also proposes legal models for the resolution of conflicts related to the plurality of contractual parties, as well as to postmortem human reproduction.
Lex Genetica: Comparative Legal Analysis
The aim of this paper is to describe how artificial intelligence, algorithms, and deep learning can influence fundamental rights such as privacy and integrity. The authors consider the current protection of these rights the international level with a focus on Russian and European legislation. The authors also discuss whether AI poses a new threat to the protection of fundamental rights, and whether new laws should be established to deal with those violations. The study involves qualitative research methods, aimed at understanding people’s beliefs, experience, attitudes, behaviour, their interactions with social media and AI, as well as the analysis of sources of international and domestic law. The results have implications for new well-being interventions which look at the relationship between the internet and AI and their influence on individual privacy and mental integrity. The authors attempt to evaluate whether the right to privacy requires any special protection in the age of artificial intelligence, and if so, what do we mean by rights to mental privacy and integrity?
Lex Genetica: Methodical Piggy Bank
International Economic Law is one of the compulsory courses for undergraduate law programmes in China. The Faculty of Law of the Beijing University of Agriculture implements the development of intellectual property rights in agriculture while integrating the relevant content into the international economic law programme as a special chapter. The aim is to expand the traditional international intellectual property rights chapter into an overview of international intellectual property rights treaties, international protection of geographical indications of agricultural products, and cases of agricultural gene security. At the same time, the Faculty of Law of fers a number of elective courses concerning agricultural intellectual property rights. It is also building a practical platform for intellectual property topics in the international economic law programme through the combination of law and agricultural science. By reforming the teaching of the international economic law programme, teaching resources have been further integrated. This has led to an increase in LLB admission scores, while also enhancing the practicality of teaching the international economic law programme.
Lex Genetica: Tribune of the Young Scientist
In medical literature the notion of secondary findings is defined as randomly discovered features of human health which may af fect their well-being. A large number of secondary findings are occasionally detected and may be disclosed to the patient as a result of the digitalization of healthcare and the development of medical databases. The aim of this paper is to determine the possibility of reporting secondary findings to patients and participants of scientific research, while also establishing a procedure for transferring such data in accordance with the legal requirements and limitations. The article provides an analysis of Russian legislation, and considers doctrinal and ethical approaches to the issue of reporting of secondary findings. The author concludes that the current legislation does not consider the special features of secondary findings, and does not address situations which could arise in the context of scientific research. The author has established that informed consent has an important role in reporting of secondary findings, while the procedure of informing patients and including special sections in the consent should remain at the discretion of the medical or scientific organization or the doctor. In conclusion, the author attempts to formulate proposals to amend the Russian legislation in relation to the issue considered.
Genetic and genomic information has enormous potential. In the near future; such information may be determined as an integral part of the world order in general; and the legal order in particular. The author examines the modern theory of legal relations; applying it to genomic legal relations regarding genetic and genomic information and methods of protecting such information. The author examines the mechanism of civil law protection to identify those legal means by which it is possible to ensure legal protection of genetic and genomic information. The research is aimed at studying the mechanism and illustrating the legal means of ensuring the protection of genetic and genomic information.
Lex Genetica: Event Digest
ISSN 3034-1647 (Online)