We use cookies in order to improve the quality and usability of the HSE website. More information about the use of cookies is available here, and the regulations on processing personal data can be found here. By continuing to use the site, you hereby confirm that you have been informed of the use of cookies by the HSE website and agree with our rules for processing personal data. You may disable cookies in your browser settings.

  • A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Student Theses

Human Biological Material in the System of Civil Law Objects

Student: Anastasiya Efimova

Supervisor: Evgeniia Shliagina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2023

The development of medical technology and the tendency to the free disposal of one's own body had led to the involvement of human biological material in civil law relations. Today, it is an integral element of many legal relationships. This raises the question of the possibility of defining biological material as an object of civil rights. This topic is still a matter of debate, since there is no consensus in legal science regarding the understanding of the legal essence of biological material. The study "Human biological material in the system of civil law objects" is devoted to a comprehensive analysis of human biological material through the prism of the system of objects of civil law, as well as identifying the problems of legal regulation in the civil legislation and proposing ways to eliminate legal uncertainty. In the context of the thesis, the approaches proposed in the doctrine to the concept and types of human biological material were systematized. Taking into account the civil aspect, the features of biomaterial, allowing to attribute it to the objects of civil law were identified. In addition, the content, subjects and civil-law essence of social relations arising in connection with the use of human biological material were established. Much attention is paid to the normative gaps and possible solutions. The correlation of law and ethics in the conditions of the use of biomaterial is considered. In the course of the present study, practical examples of the use of biomaterial are given. On this basis, the conclusion about its material and legal nature was made. Also, the Russian and foreign legal cases were touched upon. As a result, the consolidation of the concept of biological material was proposed, which could contribute to the elimination of legal uncertainty.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses