The aim of the study is to analyze the legal framework regulating surrogacy relations in Ukraine, its main loopholes and collisions, and provide suggestions to improve the Ukrainian legislation on surrogacy. Materials and methods: The methodological framework of the research consists of general methods of analysis and synthesis, formal logical method and formal legal method. Conclusions: The procedure for the implementation of surrogacy in Ukraine is enshrined in several regulatory acts. Ukrainian legislation has some loopholes and collisions, representing the challenges that have to be addressed in the nearest future. It is necessary to reconsider the existing legal acts to strengthen state control and supervision in this area for proper protection of the rights and responsibilities of subjects entering surrogate agreements.
The article deals with the study of the anti-doping experience of Ukraine and European countries. It considers a number of doctrinal and regulatory approaches to the understanding of doping and anti-doping rule violations and, accordingly, the importance of combating such phenomena. The article examines the provisions of international acts regulating the list of prohibited substances, doping testing, the application of sanctions for anti-doping rule violations, and formulates the conclusion on the need to improve the list of prohibited substances, which currently hinders the effectiveness of anti-doping measures. It focuses on the criminal law of Ukraine, Hungary, Estonia, Finland, Germany, Poland, Italy, and Spain, which provides for the criminal liability for doping, including its illegal production, trade, appointment, use, and forcing other persons to use it. The article describes the peculiarities of a unique approach to legal liability for doping in Austria and France, where the specified actions are regarded as fraud. The article establishes the necessity of introducing changes to Article 323 of the Criminal Code of Ukraine to improve the fight against doping in Ukraine and the expediency of harmonizing the provisions of the national legislation of Ukraine and European states with the international rules in terms of the definition of doping and the list of prohibited substances.
The paper examines legal approaches to regulating surrogacy in Ukraine, Lithuania, Latvia, and Estonia. The research was successfully initiated by highlighting empirical data demonstrating an increase in the number of infertile couples and, accordingly, the growth of the surrogacy market, which confirms the relevance of this issue. The authors clarified the content of the concepts of “assisted reproductive technologies” and “surrogate mother”. The historical aspects of the emergence and development of surrogacy globally and the attempts at its legal regulation at the state level have been revealed. The authors reviewed the main provisions of legal acts regulating surrogacy in Ukraine, Lithuania, Latvia, and Estonia. It was found that the legal regulation of surrogacy was consolidated in Ukraine earlier than in the Baltic countries. In Ukraine, surrogacy is allowed only for spouses for medical reasons, the list of which is enshrined in legislative acts, while foreigners have access to such services. It was found that altruistic and commercial surrogacy is prohibited in Lithuania. The legal provisions make it impossible to enter a surrogate agreement, even if it could be concluded. It has been established that surrogacy is not directly regarded as a crime under the criminal law of Lithuania. It is emphasized that commercial surrogacy is indirectly prohibited in Latvia, but heterosexual couples and infertile single women can seek medical help for procreation. In Latvia, the criminal legislation does not directly provide for the criminal liability for surrogacy arrangements. It is determined that the Estonian legislation provides married and single women with access to medical care if there are medical indications for reproductive treatment but provides for criminal liability for gestational surrogacy. It is concluded that the legislation of Ukraine is favorable for surrogacy. In contrast, in the Baltic countries, the opposite approach is due to such risks as human trafficking, exploitation of women, commercialization of children, etc.
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