The article analyzes the possibilities of commercialization of scientific research results of the human genome and its positive impact on research activities, provided that the information is properly protected. As shown by the legal regulation of scientific research of the human genome in certain states, the secret of private life (privacy) is the main content of the contract practiced in the field of medical services. Genetic information, although similar to medical secrecy when entering into a contract for the provision of medical services, differs in a public element in connection with the use of digital technologies in scientific research. The requirement to protect genome privacy is a mutual obligation of the parties in the contract. This parties do not always give proper attention to such issue. Legal regulation of genomic research will help to formulate a pragmatic attitude to the problem and find a balance between the risk and benefits of human knowledge.
The problems of methodology of scientific research activity are actual to-day due to discoveries in Physics, Biology and Cosmology Due to widespread international cooperation and advances in the field of genomics (especially in sequence analysis), as well as major advances in computing technology, a «rough draft» of the genome was finished in 2000. This first available rough draft assembly of the genome was completed by the Genome Bioinformatics Group at the University of California. The OECD Project «Human Genome» is the first experience of application of methodology of scientific research activity based on mathematic modeling and cipher technology. The institutions, companies, and laboratories, engaged in OECD Human Genome Project, form a system based on laws and regulations, treaties and agreements, contracts and regulatory orders. This Model of methodological approach might have been used in other interdisciplinary scientific research activities. The study was carried out with the financial support of the Russian Foundation for Basic Research in the framework of research project No. 18-29-14025 on the topic: “Legal regulation of genomic research and the use of their results: comparative legal aspect of research».
Introduction: the paper is devoted to the problem of legal regulation of cross-border immovable property turnover. The basis of cross-border immovable property turnover in the Russian Federation is the privatization of land carried out during the economic reform of the 1990s. Since the inherited property also includes objects related to immovable property, there is a need to regulate the international immovable property turnover, which includes land plots, as well as buildings and constructions located on the ground. This subject is raised in the foreign legal literature in connection with the determination of the competence of the court to decide on disputes on the right to land located in a foreign country (disputes involving foreign land). Results: the paper considers the peculiarities of the legal relations arising in connection with the inheritance of immovable property, analyzes the foreign experience of the legal regulation with the use of the conflict-of-law method of regulation in combination with the current civil law regulation on the transfer of the ownership of land. The immovable property turnover with the participation of citizens of the Russian Federation was previously limited to a narrow sphere of relations. The transfer of the right of permanent (indefinite) use of a land plot was allowed of the land plot provided with the testator who was a member of the horticultural, market-gardening and dacha noncommercial associations of citizens. Currently, conflict issues arise in the relations of Russian citizens who are abroad with foreign heirs. Taking into account the business activity of individuals, the object of inheritance can be large enterprises of strategic importance and land plots with buildings and constructions located on them. On the example of inheritance of land the paper shows the order of application of the conflict-of-law method of regulation in conjunction with the norms of the Civil and Land Code. The imperative nature of the proprietary statute in the conflict-of-law regulation creates the prerequisites for the recourse to the direct regulation through the rules of the international treaties in the field of legal assistance, as well as the international notarial cooperation. Conclusions: the classification of the concepts constituting Art. 1224 is aimed at elucidating the legal nature of the relationship. Even if the testator is a foreigner, a Russian citizen who is abroad, the concept of "property law", which is the content of the concept of "inheritance" (the scope of the conflict-of-law reference) always requires addressing the Russian law.
The article discusses the criteria of the definition of «investment» and protecting the rights of foreign investors (diplomatic protection, judicial protection). Special attention is paid to questions of investment dispute settlement in the framework of the International center for settlement of investment disputes (International Centre for Settlement of Investment Disputes, ICSID) under the Convention on the settlement of investment disputes between States and natural and legal persons of other States 1965 (Washington Convention 1965), the competence of which is the resolution of legal disputes arising from relations connected with foreign investments, that is, relations between a foreign person (investor) and the state. The author provides a detailed analysis of the Washington Convention of 1965, concluded that its provisions cover how to operate an international legal institution (ICSID), as well as regulate the procedure of the settlement of investment disputes. It is noted that, despite the fact that the arbitration and conciliation used in the resolution of investment disputes, based on the norms of international public law, established under the Washington Convention of 1965 on settlement of investment disputes (ICSID), is an international body and the rules of dispute resolution are contained in the text of the international agreements – the Washington Convention of 1965, which is intended to apply precisely to private law disputes.
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