ТЕОРЕТИКО-ПРАВОВОЕ ОБОСНОВАНИЕ БИОЭТИКИ И БИОПРАВА В ИХ ВЗАИМОСВЯЗИ И ВЗАИМОДЕЙСТВИИ

Abstract

Introduction: modern legal science pays increasing attention to the regulation of relations associated with the development of new technologies. Biotechnologies, and consequently bioethics and biolaw, are one of the areas related to the arrangement and protection of legal relations. Biolaw and biorights (so-matic human rights) is a relatively new but extremely progressively developing field of scientific know-ledge. There arise numerous unresolved regulatory issues in law enforcement and law implementation practice, which results, among other things, from theoretical problems related to defining the nature of the rules of morality and the rules of law, their belonging to a specific branch, the parties involved, their differentiation and mutual influence. The paper provides a theoretical and legal analysis of the above-mentioned field, the authors formulate their opinion on the most relevant, problematic, and ambiguous issues, including the differentiation and interaction between bioethics and jurisprudence, some individual issues of bioethics and biolaw. Purpose: to study the theoretical and legal provisions in the field of bio-ethics and biolaw in their interrelation and interaction; basing on these provisions, to develop the under-standing of biolaw, its theoretical and legal aspects, nature, somatic rights, to gain insight into biolaw as a legal formation and its principles. Methods: dialectical method of cognition, directly related to the principle of development, used as the methodological basis; general scientific methods and methods of cognition of individual sciences, including analysis, synthesis, abstraction, system-structural, and others; special methods of legal science: formal legal analysis in the context of various modifications of legal positivism; textual approach makes it possible to identify relevant legal ideas through hermeneutics, to formulate existing doctrinal, normative and law-realization problems; a comparative legal method. Re-sults: the theoretical and legal provisions in the field of bioethics and biolaw were researched in their in-terrelation and interaction, they were used as the basis for the development of the authors’ understand-ing of biolaw; categories such as bioethics, biolaw, somatic rights, medical law were investigated and described, the authors’ vision of these categories was proposed; the analysis of biolaw as a legal forma-tion was carried out, its interbranch nature is defined. Conclusions: bioethics and biolaw are in direct in-terrelationship and interaction. Modern science has not formulated a unified approach to the under-standing and content of bioethics and biolaw, which makes it necessary to perform qualitative analysis of these, including theoretical-and-legal analysis. Bioethics is the substantive basis of biolaw. Somatic rights, underlying biolaw, are currently at the stage of systemic formation, they require proper legal for-malization, security, and protection. Legal formalization should take place both at the level of interna-tional law and in the national legislation of individual states, including the Russian Federation; the key role in this process should be given to biolaw as an interbranch formation. It is currently premature to classify biolaw as a branch of law, including due to the absence of a single consolidated subject of legal regulation and method. One of the problems is the absence of a well-formed system of the biolaw prin-ciples which could become the proper fundamentals for legal regulation of this sphere. The paper pro-poses a vision of the corresponding system of principles and their characteristics.