Dietary Supplements as an Object of Civil Legal Relations in Russia

Abstract

This paper reviews the legal regulation of the dietary supplement turnover in Russia. Since dietarysupplements are an independent object of civil commerce, they must have certain qualities that distinguishthem, most importantly, from medicines. According to the authors, the dichotomy in the definition of dietarysupplements in the Russian legislation does not allow fully preventing dietary supplements from beingconfused with other food products, medicines, international non-proprietary names of medicines. Theauthors also examine the relationship of dietary supplements with such concepts as comestibles and foodproducts.Method: The authors used the method of comparative and systemic analysis, synthesis, and scientificresearch of the object as an element of civil legal relations.The purpose of the study was to look at dietary supplements as a subject of civil legal relations, to identifyproblems of protecting dietary supplements as objects of intellectual property law.Results: Although since the mid-1990s, active distribution of dietary supplements has begun in Russia, todate, the legal doctrine has not developed the scientific concept of dietary supplements, and the definitionscontained in regulatory acts are contradictory. The analysis of the regulatory framework and judicial practicegives reason to conclude that dietary supplements are recognized as objects of civil legal relations in Russia.They are sold in free circulation, they are movable property, and legislators have established mandatoryregistration for putting these objects into commodity circulation.