University Scientific Notes

Assisted Reproductive Technologies: Civil Legal Regulation

Ievgen MICHURIN — Fri, 29 Nov 2024 00:00:00 +0000

This article examines the peculiarities of applying assisted reproductive technologies (ART) from a civil legal regulation. It has been proven that ART is an object of social relations that are subject to legal regulation. Specific aspects of ART subjected to civil-legal regulation are identified. The civil-legal aspects of regulating ART involve various legal relationships, including those related to the exercise and limitation of civil rights. For instance, some countries impose restrictions on the right to surrogacy. Prohibitive measures are widely enforced globally concerning human cloning. In Ukraine, restrictions are imposed on the parental rights of surrogate mothers, specifically in relation to children born through ART-based surrogacy. Several features pertain to personal non-property rights of individuals regarding ART. These rights are viewed within the context of the right to health protection and life. Intellectual property rights associated with ART also require special attention. Currently, dozens of fertilization techniques constitute ART. Innovators enhancing these technologies (methods) may claim authorship rights. Additionally, there are other personal non-property intellectual property rights associated with the development of these technologies. Intellectual property rights concerning ART may manifest as know-how, literary works, etc. Their creators acquire proprietary intellectual property rights, including the right to remuneration. Distinct features are observed in contractual relationships facilitating the implementation of ART. These agreements belong to the domain of medical services. The application of ART, in cases of failure to fulfill obligations or the occurrence of damages, involves civil liability (contractual or tort). The further development and application of ART require the refinement of civil-legal regulations to balance and safeguard the rights of all participants in these legal relationships: medical institutions, donors, and patients.

The Right Of Vulnerable Population Groups To Social Benefits: Implementation Challenges

Svitlana SYNCHUK, Lesia MALYUHA — Mon, 02 Dec 2024 00:00:00 +0000

The article analyses certain aspects of legislative, judicial, and doctrinal usage of the concept of social benefits as a form of social protection for vulnerable population categories. Attention is drawn to the fact that today in legal science there is an unsystematic use of the categorical terminological concept of «privilege». Emphasis is placed on the need to unify the content of this concept. An additional characteristic of the legal nature of this term is identified as the individual’s role as an authorised subject in social security relations of this kind. The content of the powers of such an entity defines the possibility to obtain additional, special rights, the so-called «advantages», and to be exempted from legally prescribed obligations. The argument is supported that a social benefit constitutes a legislatively differentiated alleviation of legal and associated conditions of a person’s social existence. As an authorised subject of social security law, the individual is deemed capable of meeting their basic social needs, recognised by society as fundamental, as well as legitimate interests within the social sphere, including the restoration of an appropriate level of personal social security. It is emphasised that the right to social benefits can be realised within social security relations, even though it pertains to various aspects of an individual’s life. It was noted that today the sphere of social relations, in which the right to social benefits is exercised, is extensive today and includes tax, credit relations, housing provision relations, and others. The main purpose of social benefits for vulnerable sections of the population as a component of their social protection is to ensure socially safe conditions for their life, which are consistent with human dignity, the legitimate interests of the individual in the social sphere, as well as with the interests of other social groups and the state. The specific nature of objective and subjective barriers hindering the effective realisation of an authorised subject’s right to social benefits within social security relations is clarified. The study provides a characterisation and list of these barriers. It is highlighted that systemic and subjective barriers in exercising the right to social benefits among vulnerable population groups undermine the state’s efforts to create socially secure conditions for every individual. Emphasis is placed on the need to involve civil society institutions, which also hold social responsibilities and, to some extent, should perform a social function beyond state obligations. In this way, they can contribute primarily to the adequate social security of vulnerable groups within society.

The Right To Safe Housing In The Light Of Modern Challenges

Olga AVRAMOVA — Tue, 03 Dec 2024 00:00:00 +0000

This article explores the specifics of the implementation of the right to safe housing in the context of modern challenges. It is emphasized that, according to constitutional norms, housing security is not treated as a separate right. However, in the context of war, the state has de facto taken on the responsibility for demining housing, inspecting its compliance with safe living conditions, and restoring the destroyed housing stock. Special attention is paid to the priority of the safety of residents in multi-apartment buildings over the interests of homeowners who fail to fulfil or inadequately fulfil their obligations regarding the maintenance of their properties. Housing should have both internal security — ensuring the safety of those residing in it — and external security, meaning it should not pose a threat to others who do not live in the property (including neighbors). The article highlights the role of the state and the legal aspects that facilitate the realization of the right to safe housing. It is noted that a legal phenomenon is forming concerning the transformation of the state’s role in housing provision, with changes in the balance between public and private interests in this sphere to ensure public safety. The right to safe housing is considered a social right that guarantees access to housing that meets necessary standards for health and safety. The article discusses how this right contributes to sustainable societal development, social security, and the provision of a decent standard of living. The guarantees of this right are separately addressed, including the state’s obligations to create conditions for access to safe housing, develop quality standards, protect against housing discrimination, and support vulnerable populations in emergencies. The article underscores the need at the state management level to: update the standards of state building codes; view housing provision and urban planning as interrelated issues; and develop regional housing programs for areas affected by military actions.