Omelchenko O. Legal Regulation of Biobanks Activity: Civil Law Aspect

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102909

Applicant for

Specialization

  • 081 - Право. Право

13-12-2021

Specialized Academic Board

ДФ 26.501.003

Scientific research institute of intellectual property of National academy of law of Ukraine

Essay

Qualifying scientific work for PhD degree in specialty 081 (Law). – Scientific Research Institute of Intellectual Property at the National Academy of Law Sciences of Ukraine, Kyiv, 2021. The thesis studies the civil regulation of biobanks activity. To fulfill the thesis purpose and task, analysis has been made to study the effective national law, the laws of some foreign countries, international regulations, “flexible” law regulations, litigation practice, foreign legal doctrine of biobanks activity. The thesis has been made as an integral, logically structured work consisting of three sections, which highlight the following: biobank as a notion and types of biobanks, civil foundations of biobank initiation, ethical and legal foundations of biobanks activity, legal status of a donor as the owner of biological material, nature of the legal structure of human biological material, legal grounds for conclusion of contracts about the provision of services by biobanks related to personalized storage of biological material, legal status of parties to the contracts on personalized storage of biological material, content of contracts on personalized storage of biological material. The scientific novelty of the thesis is that it is one of the first profound studies in Ukraine related to the civil law regulation of biobanks creation and activity, which involves new theoretical ideas, applied conclusions and recommendations on how to improve the law provisions.

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