Monday, 13 March 2017

Informed consent for biomaterial usage in Russian law

Any competition of two persons’ interests can likely to be deemed as collision of some values protected, at the highest level, by a constitution. Although such a conflict is to be balanced by a legislator and anyone who enforce the law, one of rival interests groups is usually stronger thus becoming general rules of the law while competing interests form exceptions which tends to harmonize the whole legislative system.

Wednesday, 8 March 2017

Common property in household communities

Couple of months ago, in November 2016, the Constitutional Court of Russia issued a decision on a controversial topic of legal regime of property which is due to serve to different households (such as roads or water pipelines) in ‘summer cottage’ communities (Russian text is availably here). Unfortunately, the Court skirted the main problem, answering the questions formally and avoiding delving into the essence of the relationships in question. So, what was it all about?

Friday, 3 March 2017

The content of right of ownership on bodily material in Russia

Recently I made couple of posts on the controversial question whether tissues and cells are property according to current Russian law concluding with affirmative answer.  I'd like to continue developing this idea, diving into the problem of starting point of their existence as well as the content of the owner's right.