The role of bioethical committees in the development of advanced areas of medicine: a systemic legal approach

 
PIIS160565900030597-0-1
DOI10.61205/S160565900030597-0
Publication type Article
Status Approved
Authors
Occupation: Acting Head of the Department of Civil and Business Law of Samara National Research University
Affiliation: Samara National Research University
Address: Samara, Moskovskoye shosse, 34
Abstract

Statement of the problem: In the context of intensive development of technologies in the field of medicine, the role of ethical structures increases, the legal status of which requires systematic regulatory consolidation.

Objective: The study is conducted with the aim of developing a systematic approach to the legal regulation of the activities of bioethical committees in the field of healthcare, contributing to the active development of advanced areas of medicine.

Methods: The methodological basis of the study consists of both general and specific scientific methods of cognition. The systematic approach served as the methodological basis for developing proposals for building a regulatory framework that would consolidate the legal status of bioethical committees.

Conclusions:It has been established that in the context of the introduction of advanced technologies into medicine, the role of ethical structures is increasing, the activities of which should be comprehensively regulated by forming a normative legal framework based on conceptual developments. It is proposed to form a regulatory framework built on a hierarchical principle, reflecting the system, legal personality, principles of work and functionality of bioethical committees, distributed by levels and securing the general and special legal regimes. The need for substantive filling of legal regulation with the following provisions is substantiated: to consolidate the system of bioethical committees built on various criteria; ensure the implementation of the principle of independence in the implementation of the activities of ethical structures that are part of the organization by introducing such a method of forming their composition as involving persons from outside (more than 50%); develop universal criteria for assessing typical situations and general guidelines for their work by approving standards, recommendations, and guidelines applicable to all bioethics committees; expand the functionality of ethical institutions through their more active participation in issues of diagnostics, treatment, and rehabilitation of patients, including within the framework of manipulations involving the use of genetic information.

KeywordsKeywords: ethical standards, bioethics, healthcare, bioethics committees, legal capacity, functionality.
AcknowledgmentThe study was supported by the Russian Science Foundation grant No. 23-28-00720, https://rscf.ru/project/23-28-00720/.
Received12.08.2024
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