The paper is devoted to the study of individual legal problems related to implementation of the right to health protection and the peculiarities of its implementation in emergency situations. The author defines the constitutional consolidation of the mechanism of implementation of the right under consideration and some elements of sectoral implementation. The paper explains problematic theoretical, legal and organizational aspects. The author’s standing concerning the right to health protection is argued as the main element of ensuring the right to life — a complex, universal subjective constitutional right. The author proposes the powers of the right to life in a broader sense that form the basis for expanding the perception of the right to life from the private to the public. Human health legitimization is proposed as the basis for sustainable, unhindered human development and social well-being. Using the historical method of research, based on the achievements of the «School of Russian Constitutionalism», the conclusion is made about the specifics of implementation of the right to health protection and its protection in emergencies; attention is focused on the inadmissibility of ignoring individual human needs in the field of health protection in emergency situations.

. The paper discusses the possible constitutional status of a citizen’s duty to take care of their health. This duty is declared in the constitutions of some States. In Russia, it has been legally enshrined in Federal Law No. 323-FZ dated 21.11.2011 «On the basics of protecting the health of citizens in the Russian Federation». At the same time, as it is noted in scholarship, this obligation is not supported by any legal sanction, which gives it a moral rather than a legal character. In this regard, some authors propose to provide for various measures of responsibility for violation of this obligation. The article analyzes the legal consequences of the recognition of the duty to take care of one’s health in relation to various spheres of public relations. As a result of the research, the author comes to the conclusion that the recognition of such a duty is connected with the socialization of human life and health and their alienation from the individual. Such a duty inextricably accompanies the state of unfreedom and incomplete legal personality of a person. On this basis, we believe that its legal consolidation is fundamentally unconstitutional.

The paper raises ethical and social problems of biolaw, consideration of which is necessary to improve its principles and norms. The authors are convinced that biolaw is designed to take into account both the advantages and problematic aspects associated with the impact of new technologies on the human body that can change a person as a physical individual and, accordingly, transform society and humanity as a whole. The paper touches upon two key aspects of biolaw: the development of biorights or rights related to the human body in the system of rights of a new generation and the definition of principles of biolaw that ensure the unity of legal and ethical-social regulators in biotechnology. One of the important conclusions is that, although human biorights and the principles of biolaw are interrelated institutions, in the system of legal regulation they have features of content and action. Having identified the need to develop a new approach to understanding the principles of biolaw, the authors emphasize the need to create a theory of biolaw taxonomy or biotaxonomy, within which special importance should be given to the principles of biolaw as a dogmatic and sustainable means of legal regulation that form a systemic relationship with the principles of bioethics, constituting a single, dialectically interrelated homological series. Thus, the paper gives an opportunity to think about the development of the theory of biopraw and the prospects for its development in the paradigm of interaction with ethical and other social regulators.

The article raises the question of the dignity of the individual in the field of bioethics and medicine. The author notes that today the number of situations in medicine and law is increasing when it is necessary to make a difficult ethical choice, while relying on the priority of the value of human life. This scientific work focuses on the fact that, despite a number of contradictions, bioethics, law and medicine have common values — human life and dignity. The paper analyzes the works of domestic and foreign authors devoted to bioethics and its correlation with the rules of law. In particular, the terminological aspect is considered. Having conducted a comprehensive study of dogmatic sources, the author offers her own version of the definition of the dignity of the individual as a category in the field of somatic and bioethical rights. Since the relationship between bioethics, medicine and law is quite young for the Russian Federation, there are a number of gaps in our legal system. The author of the article talks about the prospects for the gradual development of legal regulation of relations related to bioethics and medicine, which will lead to the minimization of such gaps.

In the article, the author analyzes the difficulties of normative regulation of the issue of protection of the human body in terms of the impact on its genetic characteristics in the implementation of genetic diagnostics technology. In this regard, in order to characterize the object of influence within the framework of this manipulation, the paper considers the features of the justification of the category «human genome» in the scientific literature, the Universal Declaration on the Human Genome and Human Rights — a document adopted to regulate relations related to impacts on human genetic information. Attention is focused on the problems of legislative regulation of these relations in Russia. The conclusion is formulated about the need to perceive the human genome as an element of its physical autonomy. The problems of non-interference in the integrity of the human body in the conditions of the implementation of the technology of genetic diagnostics are investigated. The author makes proposals aimed at creating conditions that exclude illegal encroachments on the genetic characteristics of the human body during the application of the above-mentioned technology. Thus, a number of restrictions are proposed, in the conditions of which the use of genetic diagnostic technology is not allowed.

In the modern domestic model of the development of federal relations and local self-government, the issues of protecting citizens’ health and providing medical care — especially in the face of new challenges associated with the spread of coronavirus infection — are becoming the sphere of interests of all levels of public authority ctioning in our country as a single system. Federal and regional authorities are responsible for particularly dangerous and complex diseases that require increased attention and qualifications from medical professionals and the entire healthcare system. The role of local government in this system is to provide medical care within its competence. Since September 2005, at the initiative of the President of Russia, priority national projects has been launched, including the Healthcare project. The main objective of the project is to improve the situation in healthcare and create conditions for the subsequent modernization of the entire medical support system. Currently, in the Russian Federation, within the framework of this national project, significant budgetary funds are allocated for the renewal and maintenance of domestic medicine. In this regard, issues such as public control over the targeted and effective use of budgetary resources, as well as the formation of management teams capable of ensuring the implementation of decisions taken, are of particular relevance.

In this material, readers will be presented with the author’s reflections on the relationship and mutual influence of various natural sciences, in particular genetics and law. In the introduction, attention is drawn to scientific data that show that man as a biological species, in principle, was initially little adapted to the perception and processing of information from natural sciences. This, according to the author, makes it difficult to understand both the specifics of the regulation of medical technologies or genetic research, and the popularization of natural sciences just to facilitate the search for approaches to the legal regulation of such areas. In the main part of the article, several examples will be given and commented on, demonstrating the importance and, at the same time, the difficulty of popularizing natural science knowledge both for law and, in principle, for the existence of the human species. In conclusion, the author’s forecasts regarding the future place of law in relation to the natural sciences, demonstrates possible prospects for their interaction.

The paper is devoted to the study of certain legal problems related to the development and implementation of mechanisms for the protection of constitutional rights of citizens in the context of the COVID-19 pandemic in order to prevent its spread on the territory of the Russian Federation and prevent the consequences. The COVID-19 pandemic has made serious adjustments to the proper organization of the state and society. The author notes that constitutional legal relations in such a difficult period are forced to undergo a test of strength, and through the prism of protecting some constitutional rights at the expense of self-restraint of others. The paper investigates problems of implementing the mechanisms of «dormant legislation». Attention is drawn to the application of a decentralized approach to the tools of the legal system of a federal state. The emphasis is placed on the fact that at the federal level, high-alert and emergency regimes have not been introduced. The paper emphasizes ambiguity of judgments and legal views regarding the legality of the introduction of a high-alert regime in the conditions of modern reality and legal reality.

The right to participate in a referendum is considered by the author as systemically interrelated with the implementation of responsible delegation of power by the people. The study is based on the fact that the referendum in the construction of democracy is based on more general, basic categories — people’s sovereignty and the constituent power of the people that form modern constitutionalism. It is noted that a steadily functioning socio-political system does not require excessively frequent recourse to the institution of a referendum at the state level; its powerful potential should be used in cases where an act of implementing the constituent power of the people is required to make the most significant decisions, which are, in fact, constitutive, in many ways fateful. Russia has considerable experience in legislative regulation and practical provision of a system of guarantees of the right to participate in a referendum, which allows identifying through referendums the will of the people, marking the adoption of decisions that are particularly significant for modern state-building. This experience is certainly in demand in the modern world, and it can be used by peoples who have realized their readiness to independently solve issues that are fundamentally important to them.

. In the paper, the author applies constitutional law positions in order to study key aspects of a number of stages of the comprehensive reform of state control (supervision), municipal control and public control in their systemic unity in the Russian Federation. The author makes the following conclusions and proposals: 1) the next stage of the reform of control and supervisory activities has now begun and its main direction may become the reduction in the number of unnecessary inspections and the expansion of preventive measures, which can be reflected in the Concept of the reform of control and supervisory activities being prepared in 2022–2024; 2) the development and further implementation of information technologies, electronic platforms and services that are convenient for operational communication of all parties involved in the process of control and supervision activities should become an important mechanism, which will contribute to solving the fundamental task of putting the rights and legitimate interests of citizens and organizations in the spotlight, the needs and expectations of people in accordance with the constitutional imperative about the person as the highest value; 3) given the priority of developing effective communication mechanisms within a single system of public authority, regulatory authorities’ assistance to local governments is very important, which can be expressed in educational and methodological assistance, advising on topical issues of control and supervisory activities, etc.; 4) the conceptual result of a comprehensive reform of the sphere under consideration should be the formation of a new constitutional and legal philosophy of the future control and supervision activities in the context of improving state and municipal government and the actively developing concept «the state for citizens».

The paper analyzes the legal framework for the clearing system in the Russian Federation and its place in the system of cashless transactions and formulates the main characteristics of clearing. The distinctive features of the process are identified. It is noted that clearing is not a contract, but a set of consistently performed actions aimed at identifying and calculating the mutual obligations of the parties. It is important to mention the stages of clearing and settlement identified by the author that result in charging/crediting the payment clearing position as to the bank accounts of the settlement participants. The importance of clearing of wire transfers between banks participating in gross and clearing payment systems is emphasized. The advantages and disadvantages of clearing and settlement systems are noted. The author pays attention to the institution of the central counterparty, the central clearing counterparty and their functions in the framework of the settlement transaction between payers and recipients, the role of the central counterparty, the central clearing counterparty in minimizing the risks of defaults in payments.

. The paper deals with issues related to machine reading of law, as well as sign systems and signs as a material that describes (characterizes) the object of machine reading. The author’s approach to the process of machine reading of law, its object and subject is proposed. A model for ensuring machine readability in the semiotic paradigm and options for possible strategies for ensuring machine readability are presented. It is concluded that the characteristics of the object of machine reading should be found in the topic of sign diversity, which most fully reflects reality as such in general and legal reality in particular. The processes of global digital transformation, digital transformation of the legal sphere and the need to reform the rule-making (legislative) process make the issues of semiotics of law more relevant, and the corresponding methods more in demand. The advantages and risks of choosing the tactics of «digital rule-making» are considered, developing on the basis of two approaches: «from the model» (formation of regulatory legal acts based on digital models) and «from paper» (transformation of classical paper legislation into rules suitable for both human and human use and the machine). The author substantiates that it is necessary to develop a model of machine reading process applying «from the model» and «from the paper» approaches in various variations and using the appropriate analytical apparatus that allows describing the big picture of the risks of semantic loss of normative material, as well as calculating the degree of such. It is concluded that the core of the problem of machine reading of law is not in the field of selection of technical methods and tools for the implementation of machine reading, not in the use of signs of various sign systems, but in the sphere of resolving key issues of legal understanding. According to the author, when developing machine reading technologies, it is necessary to overcome the one-sided view of law, and the approaches of integrative jurisprudence should be used more actively.

Following a comprehensive study and analysis of theoretical provisions and private law regulation, the author identifies specific features of the definition of digital rights as an object of civil rights and assesses the emergence of the new concept of «digital rights» for domestic civil law in the legislation. Particular attention is given to the wording of the concept of digital rights contained in the Civil Code of the Russian Federation. The main problems that gave rise to numerous discussions in the science of civil law regarding the legal definition of digital rights are identified. Attention is drawn to the fact that, according to the current civil legislation of the Russian Federation, digital rights include only those that are directly named as such in the law. Following a systematic analysis of the current legislation and doctrinal provisions in the area under study, the author concludes that the transferability of digital rights is limited. The adopted federal laws on attracting investments using investment platforms and on digital financial assets are considered, utilitarian digital rights and digital rights that relate to digital financial assets are analyzed. Attention is also given to other problems that arise as a result of the modernization of civil law regulation of public relations in the field of digital rights, for example, regarding the contradictions in the terminology used by the legislator that give rise to numerous discussions (in particular, «information systems» when defining the category «digital rights»), and possible mechanisms to overcome them. The conclusion is made about the importance of the appearance in the domestic civil legislation of norms on digital rights, indicating the desire of the legislator to respond in a timely manner to the challenges of the transforming digital reality, which will serve as a necessary prerequisite for further regulation of civil law relations that are rapidly changing under its influence. 

The paper is devoted to the analysis of the place and role of individual legal acts of the courts of general jurisdiction of the Russian Federation in the mechanism of legal regulation of property relations of spouses. The legal provisions developed by the Supreme Court of the Russian Federation on the following issues are considered and evaluated. They are as follows: on the ownership of objects acquired during the marriage by one of the spouses on the basis of an act of a state or municipal authority; challenging transactions on the disposal of real estate, committed by one of the spouses in the absence of a notarial consent of the other spouse; transfer of an indivisible property to the ownership of one of the spouses in the process of dividing common property; the possibility of derogating from the principle of equality of the shares of spouses in the right to their common property based on the interests of their minor children, as well as the interests of one of the spouses. In general, it is concluded that the legal provisions developed in the individual legal acts of the courts of general jurisdiction are not aimed at creating new legal norms, but at interpreting and clarifying the current legislation, as well as at eliminating contradictions in it. The legal provisions contained in the individual legal acts of the courts, unlike all other legal provisions, are the least static, which is expressed in a relatively quick change in the position of the highest judicial body on the same controversial issue.

There is no mention of a forensic experiment in the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. But the study of judicial practice in civil cases shows a very frequent use of experimental research by the court. Through the prism of the norms of the current legislation and the established law enforcement practice, the use of experimental research in the civil law process is analyzed, the fundamental basis for the legal regulation of the judicial experiment is determined. One of the research methods by which an expert comes to certain conclusions is an expert experiment, the results of the experiment in this case are mediated by the expert’s conclusion. However, experimental studies can also be carried out under the auspices of the court directly in the court session. Examples of such use from current judicial practice are given. Based on the approaches existing in science, a theoretical conclusion is made about the dual nature of the phenomenon of evidentiary activity under consideration: forensic and forensic experiments are ways (methods) of research (verification) of forensic evidence: as personal — explanations (testimony, conclusions, consultations) of the subjects of evidentiary activity, as well as substantive evidence. At the same time, experimental studies also act as ways (methods) of forming such forensic evidence as an expert opinion. For civil (arbitration) cases, it is necessary to create a scientifically based legal model for conducting a judicial experiment, built on the principles of civilistic competition and optionality. This is supported by the experience of using the judicial experiment both in Russian judicial practice and in the post-Soviet legal space (in particular, the experience of using experimental studies in the Republic of Belarus).

. The paper provides a comprehensive analysis from the position of doctrine, legal regulation and judicial practice of the features of establishing the wrongfulness of the actions (inaction) of the tortfeasor in the provision of medical services as one of the circumstances of civil liability. The problems of qualification of illegal behavior of the performer of medical services are revealed. It is determined that the wrongfulness of actions (inaction) is an independent condition of civil liability and implies a violation of the law, other regulatory legal acts, as well as a violation of subjective rights. Criteria for distinguishing lawful from unlawful harm to the patient’s health within the framework of medical intervention have been identified. The position was supported that the conduct of a forensic medical examination in a trial when considering this category of cases in the Russian Federation should be mandatory for a qualified assessment of the shortcomings made in the provision of medical services.

The paper is devoted to the study of ways to counter the «dilution» of the distinctiveness of trademarks in intellectual property law. This institution has not been sufficiently studied in Russian legal science. «Dilution» and «confusing similarity» are aimed at protecting trademarks, but they have different directions. In the first case, this is a fight against designations that are heterogeneous to the registered trademark, and in the second case, only against homogeneous ones. At the moment, the doctrine of «dilution» in the Russian legal science in the field of intellectual property has not been formed as an independent institution in the field of means of individualization. The author conducted a study of the main provisions of the doctrine abroad and identified mechanisms that allow to combat the «dilution» of the distinctiveness of the means of individualization. An analysis was also conducted of the existing mechanisms for protecting trademark rights in the Russian Federation, their compliance with the «dilution» doctrine, and a conclusion was made about the presence of this doctrine in Russian law.

The paper analyzes the current legal norms regulating the processing of biometric data of citizens at the level of the European Union. Particular attention is given to the study of the list of conditions for the processing of special categories of personal data, established by the EU General Data Protection Regulation (GDPR). The paper notes the problems of downplaying in the GDPR the role of the consent of the subject to the processing of special categories of personal data, as well as the clear advantage of the public interest (security of society and the state) over the individual’s right to privacy. The practice of the ECHR and the EU Court of Justice on the issue under study is analyzed. The author draws a conclusion about conflicts that arise as a result of the right granted to Member States to additionally adopt at the national level their own rules for processing special categories of personal data. Practical measures are proposed to improve the legal regulation of the processing of biometric data in order to establish a balance between the private interests of citizens and the public interests of society and the state.