SURROGACY & HUMAN TRAFFICKING: INTERBRANCH CONFLICT

Author:

Bogdan V. V.ORCID, ,Urda M. N.ORCID,

Abstract

Introduction: the article discusses the challenging problem of the interbranch conflict between the legal institution of surrogacy and a criminally punishable act – human trafficking. The normative minimalism of regulatory legislation, the lack of understanding of the essence of surrogacy as a legal institution, insufficient understanding of the legal essence of the contract for child bearing and birth, are the factors that necessitate defining the boundaries of what is permissible through drawing a distinction between the application of surrogacy technology and the crime mentioned. Resolution of this issue is of particular importance for ensuring legal certainty that would exclude both abusive practices in legal relations involving surrogate motherhood and unlawful prosecution against the participants in these relations. Purpose: to create a conceptual framework for the interbranch relationship between the institution of surrogacy and the criminal law prohibition of human trafficking. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods: legal-dogmatic and the method of interpretation of legal norms. Results: the research into interbranch interaction of the institutions in question showed that the root cause of contradictions in the practice of applying the norms under study is the lack of a uniform systemic approach, both at the international and domestic level, to determining the legal boundaries of surrogacy technology and to the protection of relations generated by this technology by the norms on human trafficking. Conclusions: we have formulated doctrinal definitions of the institution of surrogate motherhood and the contract for child bearing and birth, which is interpreted as an interbranch contract; identified the legal nature of the surrogate mother’s consent to record the potential (genetic) parents in relation to the child born by her; described the specific nature of contractual structures included in the subject area of surrogate motherhood, with the identification of defects that transfer private-law relations regulated by them into the field of criminal law; formulated recommendations on the application of Article 127.1 of the Criminal Code of the Russian Federation. At present, there are no means in international law to resolve the conflict between legal surrogacy and human trafficking; the transnational nature of the phenomena under study dictates the need for the development of such means.

Publisher

Perm State University (PSU)

Subject

General Medicine

Cited by 2 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

1. Constitutional legal limits to privacy protection;Proceedings of Southwest State University. Series: History and Law;2024-07-27

2. Some aspects of the legal regulation of surrogacy;Current Issues of the State and Law;2023

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3