scholarly journals LEGAL REGULATION OF THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES BY PERSONS, NOT MARRIED AMONG THEMSELVES, IN RUSSIA AND THE USA

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Анна Назарова ◽  
Anna Nazarova
Keyword(s):  
Assisted Reproductive Technologies ◽  
Adult Population ◽  
The United States ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Modern World ◽  
Legal Method ◽  
The Us ◽  
The Usa

This article is devoted to analysis of legal regulation of the use of assisted reproductive technologies by persons, not married among themselves, in the Russia and the United States. The purpose of this work is due to the increase in the number of actual marital relations in the modern world and the emergence of new ways of human reproduction. In Russia 13% of the adult population are in unregistered marriages. For best results of the investigation, the author used a comparative legal method, that allows to consider the experience of not only Russia, but also foreign countries. The author of the article examines the existing in Russia and the US versions of legal regulation of the use of assisted reproductive technologies by persons not married to each other. The author compares the regulation of the legal consequences of persons, married and non-married among themselves. As a result of the conducted research the author comes to the conclusion that in Russia the legal regulation of the effects of the use of assisted reproductive technologies differ depending on the marital status among themselves. Persons, who are not married, are not subject to special provisions of the Family Code of the Russian Federation, dedicated to regulation of the legal implications of the use of reproductive technologies. In the US it is fixed the same procedure for determining the origin of a child, conceived by nontraditional means, regardless of the status of persons in marriage.

scholarly journals LEGAL REGULATION OF MARRIAGE IN FACT IN RUSSIA AND THE USA

2016 ◽  
pp. 0-0
Author(s):  
Анна Назарова ◽  
Anna Nazarova
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Us States ◽  
Legal Norms ◽  
Legal Method ◽  
The Us ◽  
The Usa

This article is devoted to the analysis of legal regulation of marriage in fact in the Russian Federation and the United States. The purpose of this work is due to an increase in the number of marriage in fact and as a consequence the need for legal regulation of these relations. For a comprehensive study the author uses comparative legal method that takes into account the experience of not only Russia, but also foreign states. The author examines the legal regulation of marriage in fact in Russia and the United States; defines the legal norms, which is applied for the regulation of relations between the actual spouses, current Russian legislation and the legislation of the states of the USA. In the issue the researcher comes to the conclusion that neither in Russia, nor in the US states in the regulation of marriage in fact, special marriage and family provisions are not applied. At the same time the factual spouses are under legal protection. In Russia, the legal regulation of the relations developing between the actual spouses, no different from the regulation of corresponding relations of other persons. In some US states the actual spouses have special rights and duties, the scope of which is substantially less than the amount of the rights and duties of legal spouses.

scholarly journals Prevalence of hypotension in populations of the Russian Federation and the United States of America according to 30-year follow-up

2020 ◽  
Vol 19 (3) ◽  
pp. 2497
Author(s):  
V. G. Vilkov ◽  
S. A. Shalnova ◽  
Yu. A. Balanova ◽  
S. E. Evstifeeva ◽  
A. E. Imaeva ◽  
...  
Keyword(s):  
United States ◽  
Adult Population ◽  
Age Groups ◽  
The United States ◽  
Cross Sectional ◽  
Men And Women ◽  
National Medical ◽  
Health And Nutrition ◽  
The Us ◽  
The Usa

Aim. To study the prevalence of hypotension according to several criteria in the Russia and the USA.Material and methods. We used data of Russian population studies performed in 1975-1982 and ESSE-RF study performed in 2012-2014 at the National Medical Research Center for Therapy and Preventive Medicine. A comparison was made with the data of cross-sectional stu - dies of the US population — National Health and Nutrition Examination Survey (NHANES): NHANES II (1976-1980) and Continuous NHANES (2007-2012). We analyzed age, sex, and systolic and diastolic blood pressure. The prevalence of individuals with hypotension was calculated in men and women of five age groups using four different criteria for hypertension.Results. The prevalence of hypotension in studies of different years according to different criteria was as follows: in the Russia — 0,3-9,0% in men and 2-15% in women; in the USA — 5-30% in men and 8-45% in women. In age group >30 years, the prevalence of hypotension in Russia, by most criteria, decreased approximately by 50% in men and did not change in women. In the United States, according to all criteria, the prevalence in men and women has increased 2-3 times.Conclusion. The prevalence of hypotension in the adult population ranges from decimal percentages to 45% and varies many times depending on the selected criterion.

Law in Ensuring the Safety of Genetic Technologies Against their Use for Criminal Purposes

Lex Russica ◽  
2020 ◽  
pp. 47-53
Author(s):  
N. V. Kruchinina
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Economic Progress ◽  
Genetic Technologies ◽  
Criminal Groups ◽  
Definition Of

Genetic technologies offer wide prospects for socio-economic progress. At the same time, their application in practice could put at stake the interests of society, human rights and freedoms. Therefore, the development of genetic technologies requires its analysis from the standpoint of jurisprudence, thoughtful legislative regulation and protection from uncontrolled spread and criminal use. The paper analyzes different points of view on the use of genetic technologies. The author substantiates the necessity of proper legal regulation and security of the process of development of genetic technologies. The paper contains the results of the scientific research. The paper elucidates the problems related to the use of genetic technologies in the process of artificial human reproduction: imperfection of the legal framework (In particular, lack of the definition of the legal status of human embryo, lack of justification for the legality of its use for research and therapeutic purposes), the threat of the use of genetic technologies for criminal purposes. The author concludes that the use of genetic technologies for criminal purposes is especially dangerous because organized criminal groups focus their attention on genetic technologies. This gives rise to a special criminal situation that requires new approaches for effective counteraction. To this end, the priority is given to identification of crimes committed with the use of genetic technologies and analysis of the emerging practice of investigating this category of crimes. Failure to comply with standards, deviation from regulations and procedures imposed on medical care may result in harm to health or death also when the assisted reproductive technologies are used. The author has made some proposals to solve these problems with due regard to domestic and foreign experience in the use of genetic technologies in the field of human artificial reproduction (in particular, it is proposed to establish effective international cooperation in this area).

scholarly journals High-Tech Linked Crimes

2019 ◽  
Vol 13 (5) ◽  
pp. 740-746
Author(s):  
Yevgeny Ishchenko ◽  
Nadezhda Kruchinina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Human Reproduction ◽  
Modern World ◽  
High Tech ◽  
Population Replacement ◽  
Assisted Reproduction Technologies ◽  
Human Reproductive ◽  
High Technologies

Modern research advanced open wide prospects for socio-economic and cultural progress, but they could also pose a threat for human rights and liberties. It is stated in the article that the transformation of the modern world under the influence of high technologies is leading to the emergence of new types of crimes; the authors show the necessity of developing a criminal law reaction to crimes connected with artificial intelligence, cybercrimes, crimes in the sphere of biotech, as well as the need to work out new approaches to fighting crimes linked to high technologies. The authors claim that the foundations for digital criminalistics have already been laid. They analyze the use of hi tech with criminal purposes in different spheres, including assisted reproductive technologies, and stress that the problems of population replacement, connected with human reproductive functions, are essential for the existence and development of any state and society. Meanwhile, there are considerable discrepancies in how different countries understand human reproductive rights, their protection and regulation. The criminal nature of different actions in the sphere of human reproduction is also understood differently. Modern medical technologies open up great possibilities in the sphere of assisted human reproduction, at the same time, this area is connected with legal risks. The authors attempt to compile a list of crimes against reproductive rights of humans and to view them as a unified object of criminalistic research. It is noted that the use of biotechnologies with criminal purposes could take the form of improper exercise and excess of authority, corruption, fraud and extortion. The article includes the results of the criminalistic analysis of legislation regarding assisted reproduction technologies. It has been revealed that the use of such technologies in Russia is growing year by year, while the legislation regulating legal relations in this sphere makes it possible to use its imperfections and to commit abuses and crimes connected with various falsifications. It is proven that the task of criminalistics is to develop effective technical, tactical and methodological recommendations with the goal of identifying and investigating criminally punishable falsifications. Specifically, it is recommended to introduce obligatory notarization of the surrogacy contract, and to change the procedure of presenting corresponding documentation to registry offices.

scholarly journals Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

2015 ◽  
pp. 209-214
Author(s):  
S. E. Kuzmin
Keyword(s):  
United States ◽  
Mergers And Acquisitions ◽  
Separation Of Powers ◽  
Case Law ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Judicial Decisions ◽  
The Us ◽  
The Usa

The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition) laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the higher courts are binding for cases adjudicated in lower courts. Judicial decisions have a major impact on the regulation of mergers and acquisitions of corporations, in particular, the state corporate Laws. The article analyses the main similarities and differences of sources of legal regulation of mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States.

scholarly journals Legal regulation of surrogacy in Ukraine and the United States of America

2019 ◽  
pp. 34-38
Author(s):  
O. M Reznik ◽  
A. E. Ishchukova
Keyword(s):  
United States ◽  
Artificial Insemination ◽  
Assisted Reproductive Technologies ◽  
The United States ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Newborn Baby ◽  
Necessary Condition ◽  
Surrogate Mother ◽  
Genetic Link

In this article, the authors investigated the regulatory acts and laws governing surrogacy in Ukraine. The concept of “surrogacy” was also considered and the absence of fixing of this term at the legislative level was established. In addition, it was determined that the necessary condition for the implementation of the method of surrogacy is the genetic link of the spouse or one of the couples with an unborn child. It follows that the surrogate mother should not be genetically related to the child. However, the legislator doesn’t prohibit bearing the pregnancy of close relatives of future parents (sister, mother, aunt, cousin, etc.). This work also focuses on the definition of the legal nature of the contract concluded between the surrogate mother and the infertile couple for artificial insemination by the method of surrogacy. As a result, this agreement is similar to the civil service agreement. The publication also analyzes the state registration procedure for a newborn baby that was born using the method of surrogacy. The peculiarity of the procedure for registering a newborn baby conceived in this way is the presence of a certificate and statement. The certificate proves the genetic link of the baby with the couple. The statement is given by the surrogate mother to recognize the spouse as the child’s parents. Much attention is paid to the experience of regulating surrogacy in the United States. The country does not have a single codified law on artificial insemination by surrogacy. Each state decides in what manner, in what order, and under what conditions it is possible to resort to this type of assisted reproductive technology. The conclusions provide suggestions for resolving problems that may arise while using the method of surrogacy. Also the possibility of improving current legislation on the legal regulation of this procedure by borrowing from foreign experience. Keywords: surrogacy, legal regulation, surrogate mother, assisted reproductive technologies, married couple, contract.

scholarly journals LEGAL AND ORGANIZATIONAL ASPECTS OF PERFORMANCE OF GENOME RESEARCH IN THE USA

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 13-19
Author(s):  
S.A. Vasiliev ◽  
◽  
A.M. Osavelyuk ◽  
A.K. Burtsev ◽  
◽  
...  
Keyword(s):  
The United States ◽  
Legal Regulation ◽  
Genomic Research ◽  
Genome Research ◽  
Medical Activity ◽  
Department Of Health ◽  
The Us ◽  
The Usa ◽  
The Russian Federation ◽  
Clinical Advances

This work is devoted to the legal regulation of the organization of genomic research in the United States. On the territory of this state, an approach that is atypical for the Russian reality is used, according to which the bulk of genomic research is regulated by an organization subordinate to the US Department of Health. The article analyzes some of the problems associated with diagnostics and genome editing, in conclusion, a comparison with Russian realities. This study is of interest in view of the fact that the Russian Federation, having a solid groundwork in medical and clinical advances in this area, has practically no legal regulation in order to effectively implement these areas of medical activity. Taking into account foreign experience can be useful for Russia, of course, based on domestic specifics in the process of forming a regulatory framework for treatment using genomic research.

Interaction of Ukrainian Diaspora and the USA Government Regarding Celebration of Ukrainian Independence Day on January 22

2018 ◽  
Vol 1 (47) ◽  
pp. 136-145
Author(s):  
Halyna Shchyhelska
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
100Th Anniversary ◽  
Totalitarian Regime ◽  
The Public ◽  
Us Congress ◽  
The Us ◽  
Public Consciousness ◽  
The Usa

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress

Legal restrictions on pre-implantation genetic diagnostics in the framework of in vitro fertilization procedure: foreign experience and Russian perspective

2019 ◽  
Author(s):  
N.A. Altinnik , S.S. Zenin , V.V. Komarova et all
Keyword(s):  
In Vitro Fertilization ◽  
Assisted Reproductive Technologies ◽  
Genetic Diseases ◽  
Genetic Diagnosis ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Genetic Diagnostics ◽  
Vitro Fertilization ◽  
Medical Indications

The article discusses the factors that determine the content of the legal limitations of pre-implantation genetic diagnosis in the framework of the in vitro fertilization procedure, taking into account international experience and modern domestic regulatory legal regulation of the field of assisted reproductive technologies. The authors substantiates the conclusion that it is necessary to legislate a list of medical indications for preimplantation genetic diagnosis, as well as the categories of hereditary or other genetic diseases diagnosed in the framework of this procedure.

scholarly journals Trends in educational mobility: How does China compare to Europe and the United States?

2019 ◽  
Vol 5 (2) ◽  
pp. 214-240
Author(s):  
Rob J Gruijters ◽  
Tak Wing Chan ◽  
John Ermisch
Keyword(s):  
Educational Opportunity ◽  
The United States ◽  
International Standards ◽  
Educational Mobility ◽  
The Us ◽  
The Usa ◽  
Economic Boom ◽  
The Uk ◽  
Large Decline ◽  
Inequality Of Educational Opportunity

Despite an impressive rise in school enrolment rates over the past few decades, there are concerns about growing inequality of educational opportunity in China. In this article, we examine the level and trend of educational mobility in China, and compare them to the situation in Germany, the Netherlands, the UK and the USA. Educational mobility is defined as the association between parents’ and children’s educational attainment. We show that China’s economic boom has been accompanied by a large decline in relative educational mobility chances, as measured by odds ratios. To elaborate, relative rates of educational mobility in China were, by international standards, quite high for those who grew up under state socialism. For the most recent cohorts, however, educational mobility rates have dropped to levels that are comparable to those of European countries, although they are still higher than the US level.

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