scholarly journals Legal aspects of biobanking HBS for scientific purposes in Poland

2019 ◽  
pp. 165-184
Author(s):  
Dorota Krekora-Zając

Legal issues related to the biobanking of human biological samples are one of the extremely important areas of European law. Biobanks created in Poland as well as the Polish Biobank Network created under the auspices of the Ministry of Science and Higher Education have become a catalyst for the search for solutions and the basis of rights for the functioning of biobanks in Poland as well as the protection of donor rights. Undoubtedly, the lack of legal regulation of biobanks and biomedical research on human biological samples could become a significant problem limiting the development of biobanking and conducting scientific research in Poland. The research attempts to show how representatives of the doctrine of law, bioethics and sociologists have interpreted the principles and standards of biobank operation in Poland from basic human rights, constitutional norms and personal rights.

2020 ◽  
Author(s):  
Andriyana Andreeva ◽  
◽  
Galina Yolova ◽  

The paper examines two main and interconnected aspects of the life of a person - personal and professional. The topic has both - his life and moral side, as well as a legal regulation in the sphere of Family and Labour Law. This question is relatively rarely examined in the national legal doctrine, which along with the new digital challenges is the ground for the interest of the authors. The complex examination puts some accents, directed to the clarification of the borders and the needed balance between the two spheres with the idea of guaranteeing the subjective personal rights. With view of achieving the set aim the authors make actual normative as well as retrospective analysis, as a result of which tendencies are marked, proposals with theoretical and practical direction are made.


2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.


Author(s):  
Valeriia Ermolaeva

This is a conference review of Digital Law Conference dedicated to the legal challenges of digital technologies for sustainable development. It was held at the Department of Business Law of Lomonosov Moscow State University (Russia, Moscow, November 26, 2020). The Sustainable Development Goals (SDGs) officially known as Transforming Our World: the 2030 Agenda for Sustainable Development are 17 goals for international cooperation recognized by the UN. The purpose of this conference was to share, learn, and discuss main approaches to legal regulation of "end-to-end" digital technologies in Russia and elsewhere in the world, taking into account that implementation of the leading technologies should contribute to achieving SDGs. There has been considered the legal issues of the application of various digital technologies through the prism of achieving SDGs: the promotion of sustained, inclusive, and sustainable economic growth and digital technologies; the legal aspects of democratization of access to financial markets and tokenization of economy; the legal issues of implementation of the Internet of Things; the legal support for sustainable industrialization and innovation using Artificial Intelligence and other digital technologies; the use of digital technologies to promote an open society for sustainable development, access to justice for everybody, and so on. The contribution of digital technologies for sustainable development was well-illustrated, and many actionable solutions were proposed.


Author(s):  
Myroslava Hromovchuk

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.


2021 ◽  
Vol 52 (4) ◽  
pp. 547-565
Author(s):  
Svetlana Yu. Golovina ◽  
◽  
Olesya V. Shcherbakova ◽  

Introduction. Working conditions of the teaching staff of higher education institutions are not static, as they reflect the changes taking place in the outside world. The increase in the role of informatization, the acceleration of the information flow, the changing of the information field, the introduction of scientometric indicators, the recognition of the impact of stress in the workplace on the health of an employee – all this accompanies the work of the teaching staff. The analysis of these phenomena makes it possible to single out three large groups of working conditions for the teaching staff of higher education institution, which today are undergoing changes, to identify the prerequisites for their occurrence and to formulate their consequences for the entire educational process. The purpose of the study was to conduct a comprehensive analysis of the working conditions of higher education teachers, which are currently undergoing changes. Methods and methodology. The work used the methodology of a comprehensive study, including methods of document analysis, comparative analysis, secondary use of sociological, economic and medical data. The results of the study show that the digitalization of vocational education, including higher education, is carried out in different conditions than the digitalization of schools, which leads to the emergence of a new paradigm of interaction between higher education teachers and students. As a result of research, the absence of a centralized acquisition of skills in the use of digital technologies by teachers was confirmed: 45% of respondents carry out advanced training on their own, 41% – using online platforms, 31% – ask for help from colleagues in their educational institution, 30% – exchange experience with colleagues from others vocational institutions. In the absence of legislative regulation of the issue of mastering new digital competencies by the teaching staff of higher education institutions, the ways of solving this issue are proposed. The results of the research revealed that meeting the scientific productivity requirements for the teaching staff is one of the main sources of stress in the workplace (40% of respondents). It is concluded that in order to achieve quality indicators in the field of scientific activity, in order to prevent opportunistic behavior of the teaching staff, higher education institutions need to develop tools of internal motivation. The authors believe that an integrated approach to regulating the emotional burnout of teachers could also be applied in relation to minimizing the risks of professional burnout, that is, to adopt acts of legal regulation at the federal and local levels in order to prevent professional burnout.


Author(s):  
Илья Иксанов ◽  
Il'ya Iksanov

The training manual for bachelors of Economics and law examines the process of legal regulation of social relations in the European Union, which is based on comprehensive economic integration. The modern interpretation of the nature of the European Union is given. Presents the organizational and legal foundations of the European Union in the wording of the Lisbon Treaty of 2007, Summarized the jurisprudence of the Court of the European Union and its impact on the legal nature of the European Union. Regulations are cited as 30.09.2018. Meets the requirements of the Federal state educational standard of higher education of the last generation. For students of educational institutions of higher education, studying in the areas of law, Economics, international relations (bachelor's, master's, specialty), as well as for lawyers practicing, improving their skills and preparing to pass professional exams for all interested in European law.


The article states that total and radical changes are taking place in society in all spheres, and legislative provision of the sphere of providing educational services in the field of higher legal education is gradually emerging; noted that the conceptual vision of the problem as a whole has not yet emerged; it is stated that human rights are on the surface of all social transformations, and the right among others belongs to the right to information, therefore the aspect of implementation and protection of personal data on the Internet, scientific substantiation, legal regulation of these rights and consolidation of their respective status are relevant; it was also noted that in the conditions of post-industrial society the issues of informatization of the Ukrainian educational space are very topical; it is a question that their decision should be made not only by dynamic methods of development of information educational environment, but also by search of new means, forms and ways of interaction of socio-cultural institutions (media and education), as well as support and evaluation of the effectiveness of the educational process in the conditions of information society; noted that today these tasks are intended to be solved by media education; formation of media competence directly concerns future jurists, since they are responsible for the transfer of knowledge and experience in practice, that is, consulting activities in the context of universal informatization; the issue of media competence of the future jurist is also being updated because the society is experiencing a discrepancy in the experience of interaction with the media in the older generation and young people; it is noted that, because of media creation, a teacher in higher education institution will be able to expand the students' view of future jurisprudence, about the media, to reveal the intellectual potential of modern information technologies and "media culture as a means for further continuous self-education"; it was stated that for a long time the portfolio was used only as an authentic evaluation of the results of the students' educational and professional achievements, but its possibilities are obviously much wider; "Web Portfolio" is a web-based resource that reflects the growth of the owner's educational or professional achievements; the value of such a web-portfolio is also evident in the issue of potential employment and in the self-presentation of oneself as a competent specialist, ready to live and work in the conditions of the information society; it was noted that the web portfolio should be put into operation of the institutions of higher education; indicated that there are also so-called "false portfolios", representing a specialist with no work experience, but with the available skills; stated that the issue of creating a web-portfolio is relevant for the higher education of future jurists; also noted that there is a danger of being "hostage" to the network and, in general, it is difficult to resist, counter, prevent and combat threatening challenges on the network.


Author(s):  
Yuliya Lebedieva

In the article considers some international legal aspects of NGO funding and outlines some problems that arise as a result of the functioning of these organizations and have not yet been resolved. The author notes that despite the significant scientific interest in the functioning and prospects of NGO development, some international legal aspects of their funding have not yet found proper legal consolidation and agreed doctrinal interpretation. In addition, the activities of NGOs provoke a mixed reaction from government agencies and certain segments of society. Therefore, the study of some features of NGO funding as subjects of international human rights activities, the author considers relevant, both in theoretical and practical terms. The author emphasizes that in addition to the negative impact of the established restrictions, there are urgent grounds for its implementation within the relevant legal regulation. One of the reasons for the emergence of mistrust and conflict situations in which NGOs are a party is the insufficient state of settlement of the legal status of the latter. The article states that the financial status of many NGOs is not transparent enough, as a result, some of them compete for government contracts and funds, which creates a risk of losing autonomy and independence, casts doubt on the impartial implementation of their missions.


2015 ◽  
Vol 32 (3) ◽  
pp. 118-120
Author(s):  
Anna Piela

This edited collection provides a comprehensive analysis of the legal contextswithin which the “burqa affair” is located across Europe. It was published followingthe December 2012 “Secularism and Religious Diversity in Europe:Opportunities and Perspectives” conference organized under the auspices ofthe RELIGARE project (Religious Diversity and Secular Models in Europe).Its aims are ambitious and commendable: to analyze the socio-legal situationof face-veil wearers in eight Western European countries where regulationsrange from outright bans (disguised under the tagline of banning full or partialface coverings to avoid reasonable allegations of religious discrimination directedat the already besieged European Muslim populations) to the simultaneouslack of general prohibitions but specific rulings against full-face veils.Despite the baffling personal interpolations made by some contributorsto express their personal dislike of this practice (e.g., p. 5), they neverthelessrecommend in their collective conclusion that legislators should not introducegeneral prohibitions into the common space (i.e., “the physical territory thatpeople must necessarily enter to meet their basic needs,” p. 53), for doing sowould unjustly criminalize those who exercise their personal rights, be theyreligious or human. However, they do allow for restrictions based on a caseby-case approach.The contributions are significant in that they display the frequent tensionthat exists between the local anti-burqa movements’ introduction and enactmentof local and regional anti-face-veil legislation and the various nationallegal systems, European law, and human rights frameworks. Many of the casespresented illuminate the issues under discussion in national contexts. For example,Lisbet Christofersson’s “A Quest for Open Helmets: On the DanishBurqa Affair” and Jorn Thielmann and Kathrin Vorholzer’s “Burqa in ...


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