Constitutional images of the experiment: the approaches of the European states

Author(s):  G.G. Zagaynova, candidate of Sciences, associate Professor, Northern Caucasian branch of the «Russian state University of justice», Krasnodar, Russia,

Issue:  Volume 43, №1

Rubric:  Actual Problems of Legal Regulation

Annotation:  In the article, based on the analysis of the texts of the constitutions of European countries, their approach-es to the consolidation of the experiment are presented and characterized. It is concluded that the refer-ence to the experiment is not typical for European constitutions. At the same time, fundamentally differ-ent approaches to its reflection in Eastern European and Western European countries have been found. The former proceed from a restrictive strategy, establishing the inadmissibility of scientific, medical and other experiments on people without their voluntary consent and contextually linking experiments on people with torture and degrading treatment. The second adheres to a productive strategy, not only allow-ing, but also supporting the experiment in the field of legislation ("experimental provisions") and social institutions ("Federal experimental institutions", "experiments of self-government"). In relation to human scientific experimentation is permissible if it preserves personal dignity, and experiments on animals nec-essarily regulated by law

Keywords:  The Constitution, the experiment, scientific and medical experiments, the position of a pilot nature, was a legal experiment, dignity, torture

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