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.
Monday, 13 March 2017
Wednesday, 8 March 2017
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
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.
Wednesday, 22 February 2017
Several days ago the Supreme Court of Russia issues its first quarterly review of its most important decisions, which had been made recently (Russian text is available on the official web site). The eighth judgment was about whether a plummeting fall of Russian currency because of Crimea crisis could be considered as hardship and thus led to conversion of a loan contract. The Court unsurprisingly gave a negative answer, confirming general reluctance to use ‘rebus sic stantibus’ doctrine. However some remarks in the ruling seem to leave a door open to use this clause as a ground for contract modification…
Sunday, 19 February 2017
On the 1st of January 2017 the new Law On Biological Cell Products took force to regulate procurement and preservation of human bodily material for medical therapy (art. 1). It was specifically mentioned that it did not cover not only blood donation or assisted reproductive technologies, but also circulation of biosamples for research purposes, thus being an analog for the European directives on advanced medical treatment.
Wednesday, 15 February 2017
Is there a property right in human tissues and cells after separation from the body? The issue is being hotly debated throughout the Globe and today I'd like to outline few existing norms on the topic according to Russian law.
In Russian legislation there are no general provisions on biomaterial after separation from a human body, in the Law “On protection of human health” (hereinafter – “the Law On Health Protection”) where they are expected to be located one can find only a mention that laboratory diagnostics is a kind of medical service (art. 2).