Open AccessTHE IMPORTANCE OF THE INSTITUTIONS OF PROPERTY RIGHTS AND INFORMED CONSENT IN THE USE OF HUMAN BIOLOGICAL MATERIAL
Author(s) -
А. А. Пестрикова,
Ele. Kholopova
Publication year - 2021
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2021.3.10
Subject(s) - property (philosophy) , receipt , legislation , informed consent , human rights , law , biological materials , property rights , interpretation (philosophy) , order (exchange) , political science , law and economics , sociology , business , medicine , epistemology , computer science , accounting , philosophy , alternative medicine , pathology , biomedical engineering , finance , programming language
The paper reveals the importance of the institutions of informed consent and property rights in relations with human biological material in the light of the study of foreign legislation and judicial practice. Purpose: to analyze the social relations that arise regarding human biological material through the prism of the institutions of property rights and informed consent for the receipt, storage, transfer and disposal of human biological material. Methods: logical, historical, systemic, structural-functional, comparative, analogies and modeling are used as general scientific research methods, special legal methods are used: formal-legal, comparative-legal, interpretation, legal modeling. Results: the study on the example of court cases considered in the United States concludes that there is a need to adjust domestic law in order to regulate relations and protect the rights of subjects of relations having an impact on human biological material.