Criminal Legal Protection of Surrogacy
- 作者: Akkaeva H.A.1
-
隶属关系:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- 期: 卷 15, 编号 3 (2022)
- 页面: 271-274
- 栏目: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531722
- ID: 531722
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详细
Currently, one of the most urgent medical diseases that couples face all over the world is the problem of infertility, to solve which states are actively introducing assisted reproductive technologies into the healthcare sector. Among such technologies, surrogate motherhood raises many questions of both moral and ethical and legal nature. In particular, the problem of criminal law protection of assisted reproductive technology has not been resolved to date. The current criminal legislation does not contain direct norms regulating surrogate motherhood, however, in law enforcement practice there are cases of unjustified qualification of the use of surrogate motherhood as a criminal act provided for in Article 127.1 of the Criminal Code of the Russian Federation, i.e. as human trafficking. The author, by analyzing the elements of the composition of the specified crime, concludes that such a qualification of surrogacy is unlawful. At the same time, there is reasonable doubt about the need to consolidate a separate corpus delicti in the form of a violation of the legislation on the procedure for organizing surrogacy. However, the emerging judicial and law enforcement practice in this area proves the need for detailed regulation of the legal regulation of the scope of assisted reproductive technologies.
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作者简介
Halimat Akkaeva
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Email: lel4993@mail.ru
Cand.Sci.(Law), Police Colonel, Head of special technical disciplines Department Nalchik, Russia
参考
- Ablyatipova N.A., Kirova D.A. Separate signs of surrogate motherhood in the system of unnamed contracts // Bulletin of science and practice. 2019. V. 5. No. 12.
- Wok M.G. The history of the development of legislation on surrogate motherhood in foreign countries // Young scientist. 2021. No. 49.
- Commentary on the Criminal Code of the Russian Federation (article by article) / ed. A.I. Chuchaev. M., 2019.
- Ponkin I.V., Ponkina A.A. Evaluation of surrogate motherhood from the standpoint of law and bioethics // Law and education. 2014. No. 10.
- Savvina O.V. The influence of "reproductive tourism" on the legislation regulating surrogate motherhood // Lex russica. 2018. No. 2.
- Trunov I.L., Aivar L.K. Composition of a crime in matters of surrogate motherhood: Russian and foreign practice // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of Russia. International law. 2021. No. 1 (12).
- Usenko M.S. Features of the legal regulation of surrogate motherhood in the Republic of Kazakhstan // World of Law. 2021. No. 3-4 (227-228).
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