Kutafin Law Review

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Vol 6, No 1 (2019)


2-12 91
There is no unified position as regards the legal status of the embryo in Europe. Most International laws discard the possibility of recognising an absolute right to life to an embryo or foetus. The European Court of Human Rights had several occasions to consider, and express itself on this question, but has always avoided giving a clear opinion - leaving open the question of whether Art. 2 ECHR also covers life before birth. In the recent Parillo case it has been noted that it raises sensitive moral and ethical issues with a wide margin of appreciation for the States. Although there is no European consensus on the subject, it seems that in the 21st century, the human embryo begins to enjoy a gradual protection and in some situations the law acknowledges some rights associated with it.
13-29 54
Lord Neuberger, past president of the UK Supreme Court and graduate chemist, gives an insight into the similarities and differences between science and the law in terms of thinking. This gives an opportunity to reflect on the challenges faced by a society that is increasingly driven and controlled by data and science, and the implications for training of lawyers.
30-43 52
The article examines the issues of the legal regulation of genetic research and the use of its results in thefield of human reproduction, which have become particularly relevant in connection with the information on the birth of children with edited genes. The law and practice of the Council of Europe member states, China and the United States, as well as international legal acts in this area are analysed. The authors raise the question of the need to develop legal regulation mechanisms.
44-67 107
The explosion in computing and artificial intelligence brings many legal challenges. One of the primary areas for legal interest is the field of copyright when such systems are part of the process of creating works. The status of such works varies according to the legal systems under which they are reviewed, and this article compares two such foundations.


68-90 57
The article presents the analysis of control and supervision in healthcare in the Russian Federation. The author puts forward the idea of understanding distinction between control and supervision in terms of administrative law and different forms and issues, including different types of supervision and control in healthcare system of the Russian Federation.
91-107 54
The tax harmonisation process is presented in the contemporary context of regional economic integration process. The authors suggest that there is a new inevitable economic reason for tax harmonisation within the economic units - namely tax base erosion and profit shifting. The tax harmonisation process in the EU is presented in a systematic way giving reasons and logic of the process. The EEU to certain extent resembles the process. Tax harmonisation within a supranational integration entity covers indirect taxation and only to a certain extent the direct taxation issues. It is consistent with the consequence of introducing the freedoms within the integration process. Another issue of taxation arising within regional economic integration is the allocation of fiscal powers between the member-states at supranational level.
108-127 53
The Federalisation, regionalisation and local governance has been an important issue of the jurisprudence and administrative sciences. Although the differences of decentralised and federal systems have remained, several transformations could be observed and in several countries the model of the public administration has changed in the last decades. A convergence or hybridisation of the models can be observed: the competences of the municipal bodies have been strengthened. Although the boundaries between municipalities and member states of the federation have blurred in the governance of these entities, but the legal distinction between them remained solid: the regional municipalities with broad competences do not have statehood.
128-149 66
The article explores the obligations existing under the Vietnamese legal system to cooperate in extradition, and the performance of judicial assistance in criminal matters, and in the exercise of responsibilities of member states under the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT)
150-196 45
Historically, the right to strike in the essential services was extremely limited, with examples of state based repressive activity. Modern Russian society has a stronger societal - State consensus though this is under pressure from economic factors including reductions in living standards. Most expressions of dissatisfaction take place outside the legal framework. The current regulation of strikes is not balanced and this paper outlines the current situation within its historical context.
197-224 103
A major challenge faced by a country which is encouraging high levels of foreign direct investment, is to do it in a way which encourages that investment, without harming the society and culture within which it seeks investment. Environmental protection is a key area - and the role of the public in Environmental Impact Assessments within the context of the legal and societal challenges is the theme of this article.


225-234 36
A summary report of the principal speakers at the Ambassador’s Conference held in Rome, for the purposes of enhancing European participation in BRICS objectives.

ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)