Issues of Legislative Adaptation to the Legal Regime of Martial Law, Wartime, Armed Conflicts, and Hostilities

The author actualizes the problem by delineating the positions of scientists and practitioners who argue that in a state of danger to the nation, where the armed forces of Russia are engaged in defense and protection, legal mechanisms designed for functioning in peacetime are insufficient to adequately regulate public relations. Substantial legal reform is required. This issue is examined through the lens of the federal law “On Organ and (or) Human Tissue Transplantation”. The aim is to elucidate the legal discrepancies between the statutory pro-visions and the actual circumstances of their implementation in the context of military actions, as well as to demonstrate the negative consequences arising from this mismatch. The method of legal modeling is used as a methodological basis. From an axiological (value systems) perspective, a system-structural method is ap-plied to investigate the norms governing transplantation, as well as criminal and criminally-remedial legislation. Conclusions drawn from this analysis address particularly challenging issues encountered in wartime condi-tions, notably those pertaining to the requirement for a collective medical assessment to certify death, along-side the challenges associated with forensic medical examinations of corpses when the causal link to the indi-vidual’s death is obscure.

Authors

Publication Details

Journal
Теория и практика общественного развития
Published
2024-11-27
DOI
https://doi.org/10.24158/tipor.2024.11.31
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Issues of Legislative Adaptation to the Legal Regime of Martial Law, Wartime, Armed Conflicts, and Hostilities

Dmitry V. Kulagin
Теория и практика общественного развития
Digital Transformation in Law
article

Issues of Legislative Adaptation to the Legal Regime of Martial Law, Wartime, Armed Conflicts, and Hostilities

Dmitry V. Kulagin
article en

Abstract

The author actualizes the problem by delineating the positions of scientists and practitioners who argue that in a state of danger to the nation, where the armed forces of Russia are engaged in defense and protection, legal mechanisms designed for functioning in peacetime are insufficient to adequately regulate public relations. Substantial legal reform is required. This issue is examined through the lens of the federal law “On Organ and (or) Human Tissue Transplantation”. The aim is to elucidate the legal discrepancies between the statutory pro-visions and the actual circumstances of their implementation in the context of military actions, as well as to demonstrate the negative consequences arising from this mismatch. The method of legal modeling is used as a methodological basis. From an axiological (value systems) perspective, a system-structural method is ap-plied to investigate the norms governing transplantation, as well as criminal and criminally-remedial legislation. Conclusions drawn from this analysis address particularly challenging issues encountered in wartime condi-tions, notably those pertaining to the requirement for a collective medical assessment to certify death, along-side the challenges associated with forensic medical examinations of corpses when the causal link to the indi-vidual’s death is obscure.

Теория и практика общественного развития(11)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
Digital Transformation in Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Issues of Legislative Adaptation to the Legal Regime of Martial Law, Wartime, Armed Conflicts, and Hostilities — Dmitry V. Kulagin · Теория и практика общественного развития (2024) | TGRS Research Map | TGRS