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SOME LEGAL PROBLEMS ISSUES OF MEDICALLY ASSISTED PROCREATION IN THE LIGHT OF ECHR REGULATIONS: A VIEW FROM STRASBOURG, WHICH IS NOT ALWAYS MATCHING WITH A VIEW FROM ST. PETERSBURG AND MOSCOW

SOME LEGAL PROBLEMS ISSUES OF MEDICALLY ASSISTED

PROCREATION IN THE LIGHT OF ECHR REGULATIONS:

A VIEW FROM STRASBOURG, WHICH IS NOT ALWAYS MATCHING

WITH A VIEW FROM ST. PETERSBURG AND MOSCOW

A.T. BONNER,

Doctor of Legal Sciences,

Professor of the Department of Civil and Administrative Procedure

of the Kutafin Moscow State Law University (MSAL)

DOI: 10.24031/2226-0781-2019-9-3-201-230

Assisted reproductive technologies (medically assisted procreation) have been increasingly

used both in Russia and abroad in recent years. Relationships associated with the use

of these technologies are complex and multi-subject. As for their legislative regulation,

it is clearly insufficient in Russia, and on a number of very important issues it is almost

completely absent. Due to the aforementioned and a number of other reasons, conflicts often

arise between the subjects of this kind of relationship, turning into legal disputes that are

submitted to the resolution of the national judicial authorities. Some of these disputes reach

the European Court of Human Rights, which practice is very instructive and has precedent

significance in resolving cases by national courts. Unfortunately, this practice is not always

adequately taken into account by the Russian courts. The article analyzes some rulings of

Russian courts, including the Constitutional Court of the Russian Federation, and rulings

of the European Court of Human Rights on the category of cases it considers, and shows

their significance for Russian legislation and judicial practice.

Keywords: assisted reproductive technologies; Constitutional Court of the Russian

Federation; European Court of Human Rights; Criminal Executive Code of the Russian

Federation; court practice.

References

Boguslavskaya O. More Than Love. Seventeen Years Svetlana Went to the Colony to

Her Beloved, to Live With Him for Three Months After Her Release. Moskovsky Komsomolets,

6 April 2016. (In Russian)

Information about the author

Bonner A.T. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the Department

of Civil and Administrative Procedure of the Kutafin Moscow State Law University

(MSAL) (9 Sadovaya-Kudrinskaya St., Moscow, 123995, Russia; e-mail: bonner2@

yandex.ru).

Recommended citation

Bonner A.T. Some Legal Problems Issues of Medically Assisted Procreation in the

Light of ECHR Regulations: A View from Strasbourg, Which Is Not Always Matching

with a View from St. Petersburg and Moscow. Herald of Civil Procedure, 2019, vol. 9, no. 3,

p. 201–230. (In Russian). https://doi.org/10.24031/2226-0781-2019-9-3-201-230

A.T. BONNER