Issues of legislative adaptation to the legal regime of martial law, wartime, armed conflicts, and hostilities
Автор: Kulagin D.V.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 11, 2024 года.
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The author actualizes the problem by delineating the positions of scientists and practitioners who argue that in a state of danger to the nation, where the armed forces of Russia are engaged in defense and protection, legal mechanisms designed for functioning in peacetime are insufficient to adequately regulate public relations. Substantial legal reform is required. This issue is examined through the lens of the federal law “On Organ and (or) Human Tissue Transplantation”. The aim is to elucidate the legal discrepancies between the statutory provisions and the actual circumstances of their implementation in the context of military actions, as well as to demonstrate the negative consequences arising from this mismatch. The method of legal modeling is used as a methodological basis. From an axiological (value systems) perspective, a system-structural method is applied to investigate the norms governing transplantation, as well as criminal and criminally-remedial legislation. Conclusions drawn from this analysis address particularly challenging issues encountered in wartime conditions, notably those pertaining to the requirement for a collective medical assessment to certify death, alongside the challenges associated with forensic medical examinations of corpses when the causal link to the individual’s death is obscure.
Wartime, transplantation, criminal legislation, criminal procedure legislation
Короткий адрес: https://sciup.org/149146974
IDR: 149146974 | DOI: 10.24158/tipor.2024.11.31