Futurism of medical biotechnology and administrative legal personality

The aim of this work is to review the problems of little-studied phenomena in the theory of administrative law, namely, the problems of administrative and legal regulation of biotechnological activities.
Accordingly, the tasks of the work are the following blocks of problems: issues of administrative legal personality in connection with the development of biotechnology; state control and supervision in the field of biotechnology; administrative responsibility for violation of legislation in the field of biotechnology. Due to the fact that the development of biotechnologies in the world is uneven, and the exchange of information is carried out (albeit with certain national restrictions), biotechnologies are exported, one of the main research methods was the method of comparative comparative studies along with general philosophical heuristic methods. In addition, the research methodology is based on a combination of comparative analysis of legal concepts with natural science phenomena.
The principal result of this work is the idea that modern biotechnological development in the medium term will lead to a change in views at the time of the emergence of legal personality, the recognition of its individual elements as subjects that have arisen in the modern sense. The legislator and the law enforcement officer are faced with the question of the rights of a surrogate mother to decide at their own discretion the issue of performing an abortion, regardless of the interests of the customer, as well as what methods are used by state bodies to publicly protect this kind of "half-subjects" (or developing subjects, special subjective phenomena sui generis). At the same time, we are aware that administrative legal capacity is not the rights and obligations in the field of public administration themselves, but the potential (abstract) ability to have them, that is, a certain ability for administrative legal ownership.

Consequently, at this level of comprehension, there is no need to talk about the specific rights of the disputed categories of subjects in the field of public administration, although the very right to life and health protection imply, among other things, an administrative and legal mechanism for its provision.

1. Belova D.A. [Legal Nature of the Embryo in Vitro]. Lex russica (Russkii zakon) = Lex Russica. 2019;(6):122–130. https://doi.org/10.17803/1729-5920.2019.151.6.122-130 (In Russ.)]

2. Gorbunova O.V. [Agreement for the storage of human embryos when using assisted reproductive technologies]: autoref. dis. ... cand. jurid. sciences'. Ulyanovsk, 2020. (In Russ.)]

3. Druzhinina Yu.F. [Legal regime of the embryo in vitro]. Zhurnal rossiiskogo prava = Journal of Russian law. 2017;(12):129–140. https://doi.org/10.12737/article_5a200506899599.19842755 (In Russ.)]

4. Zaitseva A.M. [The beginning of human life as the boundary of constitutional legal capacity]. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law. 2012;(10):17–24. (In Russ.)]

5. Zaitseva A.M. [Restriction of the natural right to life in positive law]. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law. 2015;(9):33–44. (In Russ.)]

6. [Fundamentals of biotechnology: a short course of lectures for students of the third year of the direction of training 19.03.01 Biotechnology] / Comp.: E.A. Faust // Saratov GAU. Saratov, 2015. (In Russ.)]

7. Siluyanova I.V. [Ethics of healing. Modern Medicine and Orthodoxy]. Moscow, 2001. (In Russ.)]

8. Shleikin A.G., Zhilinskaya N.T. [Introduction to biotechnology: Textbook]. St. Petersburg: ITMO Research Institute; IHiBT, 2013. (In Russ.)]

9. Aluas M., Gherman C.D., Dumitrescu C.I. Is the human embryo legally defined and protected? Causes and consequences. Romanian journal from morphology and embryology. 2017;58(2):695–700.

10. Marzocco V. The italian constitutional court and the legal status of the embryo. Biolaw journal-rivista di biodiritto. 2016;(2):197–208.

11. Merkel R. The legal status of the human embryo. Reproductive BioMedicine Online. 2007;14(6):54–60. https://doi.org/10.1016/S1472-6483(10)60728-6

12. Moraes C.A., Amaro M., Lara F. Building foundations for the future: the legal personality of the embryo and its rights. Revista brasileira de direito. 2020;16(2). https://doi.org/10.18256/2238-0604.2020.v16i2.3852

13. Muzaffar S., Prasad B.D. History of biotechnology. Plant biotechnology: principles, methods and appendices. 2018;1:3–25. https://www.webofscience.com/wos/woscc/fullrecord/WOS:000467364100001

14. Schickl H. 2PN cell donation in Germany. Or: How the German Embryo Protection (Act) undermines itself. Bioethics. 2019;33(6):644–652. https://doi.org/10.1111/bioe.12595

15. Scholarship J.P., Lecaros A., Gonzalez P., Sanhueza P. Medical, ethical and legal issues in cryopreservation of human embryos. Revista medica de Chile. 2014;142(7):903–908.

16. Shahbazi M.N., Zernicka-Goetz М., Deconstructing and reconstructing the mouse and human early embryo. Nature Cell Biology. 2018;20(8):878–887. https://www.nature.com/articles/s41556-018-0144-x.pdf

17. Vergallo G.M. Freedom of Scientific Research and Embryo Protection Under Italian and European Court of Human Rights' Jurisprudence. Brief European Legislation Overview. European journal of health law. 2021;28(1):3–25. https://doi.org/10.1163/15718093-BJA10036

18. Ziller V. Interpretation of the Embryo Protection Act. The "German compromise". Gynakologe. 2017;50(6):409–413. https://link.springer.com/content/pdf/10.1007/s00129-017-4079-2.pdf