Осуществление судебной защиты от обвинений и компенсация вреда в европейском деликтном праве при рассмотрении дел о внедоговорной ответственности в нанобиотехнологической сфере

Abstract

The article presents the basic results of scientific research of the peculiarities of the judicial and other legal protection from prosecution, and determine (establish) the existence of and compensation for damage in cases of non-contractual liability in the process of development, production, storage and distribution of nanobiotechnology, formed in European tort law, which is important in modern conditions of mass production and use of nanobiomaterials, causing the emergence of new risks for life and health, objectively requires the development of new techniques to ensure the safe existence of the individual, which is especially important in the context of uncertainty, including the threat of adverse consequences associated with the global spread of coronavirus and similar infections, some of which can have an artificial origin, and this causes, in turn tort liability delinquent and effective methods of forensic evidence, including judicial protection, the determination and compensation of harm (damage) caused by the unfavourable impact of nanobiomaterials. The subject of the study was the relationship that arises between developers, manufacturers and distributors of nanobiomaterials and nanobioproducts on the one hand and a person (individual), as well as on the environment and legal entities on which these types of materials and products have their own, including adverse effects, on the other. The main methods of cognition used in the study were logical, comparative, empirical, analytical, historical-legal, descriptive and others. The scientific novelty of the study was based on the conclusions according to which, first of all, in European tort law, the obligation to restore a pre-existing state should also be applied in case of contamination with nanobiomaterials, act as a deterrent factor that encourages suppliers and manufacturers to apply precautionary measures, and influence the preliminary studies and inspections carried out by them, and, secondly, material liability for damage caused in European tort law does not apply in advance – the risks of future damage are not compensable by themselves. Thus, plaintiffs are faced with the necessity of legal evidence the presence of something tangible, which can be assigned (determined by size), and compensation, that is, the demonstration of evidence about the harm caused (damages) or at least a solid of known probabilities that certain types of damage effects will manifest themselves later – on science related to nanobiomaterials, does not give a clear answer. In the future, the methods of judicial protection developed in European tort law, as well as the determination of compensation in cases of non-contractual liability in the nanobiotechnological sphere, in our opinion, can partly be reflected in domestic law, for example, in the civil and natural resource (environmental) legislation of the Russian Federation.