PREVENTION AND MINIMIZATION OF LEGAL DEFECTS IN THE MECHANISM OF LEGAL REGULATION OF THE EMBRYO’S LEGAL STATUS

Анотація

The central goal of the present paper is to determine ways to prevent possible defects in law and reduce the existing drawbacks in the field of the embryo's legal status.Research methods.The methodological approach used in the study is a mixed methodology based on the application of general scientific methods (analysis, synthesis, deduction, analogy, comparison, generalization, hypothetical and systemic methods), special methods (forecasting), and private methods of legal science (formallegal).Results.The impact of existing legal defects on social relations was studied, and such negative consequences as violation of the principles of humanism, non-discrimination, and justice were singled out.The main types of legal defects in the mechanism of legal regulation of the embryo's status were highlighted and reasoned.A list of ways to prevent and minimize such defects was ompiled.The following general legal methods of prevention were distinguished: 1) determination of the scope of legal regulation; 2) justification in the legal doctrine of the development of social relations concerned; 3) implementation of the national legislation adaptation.Technical methods of preventing legal defects include 1) carrying out an examination of draft laws, and 2) unification of legal terminology.It was proposed to minimize legal defects in the relevant area by using the following methods of elimination: 1) adoption of new legal norms; 2) modification of existing legal norms; 3) systematization of the legislation of Ukraine in the form of official incorporation, consolidation, or codification.The following methods of overcoming the existing legal defects in the regulation of the embryo's legal status were highlighted: 1) application of the principles of law: justice, humanism, and non-discrimination; 2) application of analogy.Scientific novelty.The present research is one of the pioneering ones in the national legal doctrine.Conclusions.The available provisions of Ukrainian legislation are insufficient for regulating embryo's legal status; however, even minor legal regulations contain numerous legal defects.The implementation of the proposed steps of prevention and minimization will drive the necessary development of legislation on the embryo's legal status and will provide an opportunity to protect a person at the very first development stage -intrauterine.

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