Chukreev V.A. On the Need for Legal Protection of “Cyborg People’s” Interests from Harm by Legal Entities
DOI: https://doi.org/10.15688/lc.jvolsu.2022.4.19
Vadim A. Chukreev, Candidate of Sciences (Jurisprudence) , Deputy Prosecutor of the Sverdlovsk Region, Prosecutor’s Office of the Sverdlovsk Region, Moskovskaya St, 21, 620014 Yekaterinburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-1354-5443
Introduction: the revolutionary breakthrough, new achievements in neuroscience, technology, allowing medical science to return to people lost limbs, organs and their functions, should be recognized as positive. In fact, there is a merger of computers, complex machines with humans. In addition to the advantages, such a symbiosis often creates certain legal and organizational problems in practice, due to what the author set out to study the problem of protecting the rights of “cyborg people” from intentional or careless acts of the legal entities, those who manufactured, monitor and support implants during their operation. Methods: traditional – a set of methods of systematicity, comparative analysis and the formal legal method. Results: the paper substantiates the author’s position, which is based on the analysis of the international and foreign legislation and the opinion of the competent scientific community on the need to develop in the domestic legislation a mechanism of responsibility for legal entities, in case of serious consequences caused by their actions or inaction to persons with high-tech changes in the body. Conclusions: it is concluded that Russia needs to join such international instruments as the Declaration of Istanbul on Transplant Tourism and Organ Trafficking, the Additional Protocol to the Convention on Human Rights and Biomedicine on the Transplantation of Organs and Tissues of Human Origin (ETS no. 186) and other instruments, adopt a Federal Law on the Donation of Organs, Parts of Human Organs and their Transplantation, where to pay attention to the protection of the rights of “cyborg people”.
Key words: biomedicine, transplantation, modern technologies, responsibility, implementation, cyborg people.
Citation. Chukreev V.A. On the Need for Legal Protection of “Cyborg People’s” Interests from Harm by Legal Entities. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 4, pp. 136-140. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.4.19
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