Actual Problems of Reforming Legislation on Surrogacy

Богданова, Е. Е.; Белова, Д. А.

doi:10.17803/1994-1471.2021.125.4.066-075

Cited by 2 publications

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“…ориентируется на самого себя, на свои интересы, представления. Благодаря индивидуализму, человек воспринимает себя как уникальную ценность со своими потребностями, противостоящими общественным интересам 6 . Однако этот же человек уже не желал, чтобы его привлекали к ответственности тогда, когда он субъективно был как бы «ни при чем».…”

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Separate Methodological Problems of the Evolution of Guilt in Civil Law

Богданов

2023

Lex Russica

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The paper notes that in ancient societies, the responsibility did not start with guilt, but rather with infliction of harm, when harm or losses were compensated to victims (creditors) only in connection with this infliction, the debtor’s mental attitude to his actions was not taken into account. Guilt as a mental attitude of the subject to their illegal action (inaction) and the ensuing consequences appeared in connection with the formation of an individualistic worldview in society. From this period on, responsibility begins to be based on the principles of guilt. There is a gradual overcoming of fundamentals of the infliction of harm. Subsequently, the ideas of individualism began to lose their appeal to society and the process of transition from individualism to collectivism began. In matters of responsibility this was reflected in the emergence of strict liability, when compensation for losses (harm) was carried out not in connection with the establishment of a certain mental attitude of the subject to their illegal behavior, but for the very fact of causing harm or losses. Currently, in the science of civil law, there is no longer that urgency in the discussion about the principles of responsibility: both the fundamentals of guilt and the fundamentals of infliction of harm are recognized by legislation and judicial practice. It can be argued that the fundamentals of infliction of harm will be recognized in even greater volumes. In particular, from such positions, apparently, it is necessary to resolve the issue of compensation for damage to the victim caused by an object controlled by artificial intelligence, it will not even be strict, as the responsibility of the owner of the source of increased danger, but general (absolute) liability for the very fact of causing harm.

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Separate Methodological Problems of the Evolution of Guilt in Civil Law

Богданов

2023

Lex Russica

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Public Administration in the Field of Public Health Protection in the New Paradigm of Public Authority: Problems of Correlation Between Constitutional and Administrative Law Regulation

Epifanova

2022

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The article is devoted to the study of the problems of correlation between the constitutional-legal and administrative-legal regulation of public administration in the field of public health protection in the system of social administration. The purpose of the article is to identify the relationship between the subject of regulation of constitutional and administrative law in the field of public administration in terms of health protection in the system of social administration, to identify its distinctive features. The goal was achieved with the help of general scientific methods (analysis, synthesis, dialectical, historical and legal method) and the formal legal method. State administration is carried out constantly, regardless of the presence or absence of a constitution in a particular state, other constitutional acts, and even in the absence of constitutional ideas, as was the case in Russia until the 19th century. The concept of administrative and legal regulation of public administration in the field of public health in modern conditions is based on constitutional norms on the right of citizens to health protection and medical care (Article 41 of the current Constitution of the Russian Federation), as well as on the norms on the organization of public power in the Russian Federation. Analyzing the content of the legal literature, the current legislation, the Author came to the conclusion that for the analysis of the correlation between the concepts of constitutional and legal and administrative-legal regulation in the field of health care, the provisions of Art. 71 and 72 of the Constitution of the Russian Federation. In particular, assigning the organization of public authority to the federal center, the Constitution of the Russian Federation thereby predetermines the principles of organization of the public administration system in the field of health care. In addition, Art. 71 of the Constitution of the Russian Federation leaves the federal authorities in charge of establishing a unified legal framework for the healthcare system, which is being transformed into legislative and subordinate regulation, including issues of managing the healthcare system. Administrative law, due to the wide possibilities of operational by-law regulation, is characterized by taking into account the latest achievements in the natural and human sciences in industry standards, sometimes faster than the legislator does.

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Actual Problems of Reforming Legislation on Surrogacy

Cited by 2 publications

References 0 publications

Separate Methodological Problems of the Evolution of Guilt in Civil Law

Separate Methodological Problems of the Evolution of Guilt in Civil Law

Public Administration in the Field of Public Health Protection in the New Paradigm of Public Authority: Problems of Correlation Between Constitutional and Administrative Law Regulation

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