Open AccessCivil status of cyber-physical systems before and after implantation in the human body
Author(s) -
A. V. Anisimov
Publication year - 2022
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.87.11.144-150
Subject(s) - legislation , human body , law , legal status , legal liability , civil law (civil law) , destiny (iss module) , liability , engineering , medicine , political science , commercial law , anatomy , aerospace engineering
The status of the cyber-physical system under the Russian civil law before and after implantation into the human body is the main objective of this article. The question of the CPS similarity to the human organ is considered, as well as the complex legal nature of CPS after implantation. There is no unified classification of implants in the legislation, therefore, it is problematic to determine the requirements applicable to CPS. The features of the CPS make it possible to recognize it as a medical device of both temporary and permanent nature. The status of the CPS as a medical device limits the range of subjects who are allowed to handle such a device. Until the moment of implantation, the CPS is a thing in the civil law sense, but after implantation into the human body, this status is transformed into the status of an organ, which excludes the CPS from the objects of civil law. It is proposed to establish the mixed nature of the CPS for the application of civil law rules and after implantation.The issues of liability and of the legal destiny after the death of CPS recipient are researched.