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.

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?

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. 

Consumers law and financial institutions

In the first Quarter Practise Review, issued by the Russian Supreme Court in the mid-February, one can find several decisions on consumer's relationship with banks or other financial institutions. I have already written a post on one of them, namely on a 'hardship' clause and modification of a loan contract, made in foreign currency. Here are the outlines of two others and some general conclusions...

On-line court proceedings coming soon...

A week ago Russian Parliament voted for pushing the Internet further in the litigation to make it more transparent. A draft to let all types of proceedings, including even criminal one, to be transmitted on the web site on-line, passed the lower Chamber of the Parliament. According to the draft, some general requirements should be fulfilled for the filming namely keeping order in the courtroom and prohibiting interfering the procedure. The main restriction would apparently be the necessity to get the court permission for shooting, the latter being reluctant for being filmed. 

Currency fall is not hardship is Russia

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…

Biological cell products

On the 1^st 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.

Is there a property right on human tissues and cells?

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). 

The new law on real estate registry

On the 1^st of January 2017 the new Law of Real Estate Registry took effect, abolishing a large quantity of acts which had been enacted since 1998 when general rules in this question were provided for the first time. As the law of 1998 was the the starting point for real estate registry in modern Russian history, it had been amended enormously often thus the general revision seems to be quite a reasonable step to take.

Constitutional Court Decision to protect infringers

On the 13th of December 2016 the Constitutional Court of Russia made important decision on authors, patent and trademark law aiming to protect infringers whose punishment might be too severe according to existing rules. Russian Ministry of Justice have already made a proposal for amendments…