Interdisciplinary bioethical approach in public law
Journal: RUDN Journal of Law (Vol.27, No. 4)Publication Date: 2023-12-02
Authors : Ekaterina Polnyakova; Elvin Tagiev;
Page : 939-955
Keywords : bioethics; public law; legislative framework of bioethics; law-ethics ratio; bioethics and medicine; biotechnology; surrogacy; donation;
Abstract
The study is devoted to issues of heterogeneity of bioethics, its connection with ethics, law and administration. It highlights and analyzes some laws both at the federal level and at the level of the constituent entities of the Russian Federation, which directrly or indirectly address issues related to bioethics. Special attention is paid to analyzing the legal positions of the Constitutional Court of the Russian Federation including the issues of presumption of consent to organ and/or tissue transplantation, as well as the ethical side of surrogacy. Given the importance of issues related to bioethics, the work defines the problem of developing an optimal balance between application of legal norms and their effect, as well as the use of bioethics and its principles for the most correct and fair resolution of problems arising in society. Based on the analysis of foreign sources, an attempt is made to review legal regulation of medicine, health care and biotechnology, the most problematic from the point of view of bioethics. The study highlights problems connected with the lack of formally defined and systematic legal regulation of bioethics as well as the position regarding consolidation of provisions aimed at regulating ethical and moral components in regulatory legal acts. Moreover, the work touches upon issues related to the activities of independent organizations whose main activity is the formation of bioethical principles aimed at implementing norms to address emerging ethical issues in Russian legislation.
Other Latest Articles
- New technologies in law as a highly effective means of implementing the constitutional principle of equality in conditions of multi-level legal regulation
- Local communities as а tool for urban conflict resolution
- Legal policy in the field of training scientific and scientific-pedagogical personnel outside the higher education system
- The rule of law in the UK: essence and approaches to determination
- Rule of law as a political and legal ideal in the Anglo-Saxon legal tradition
Last modified: 2023-12-02 18:02:47