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Dietary Supplements as an Object of Civil Legal Relations in Russia.

Authors :
Svirin, Yury Alexandrovich
Mokhov, Alexandr Anatolievich
Kulakov, Vladimir Viktorovich
Gureev, Vladimir Aleksandrovich
Shimanskaya, Svetlana Viktorovna
Source :
Medico-Legal Update; Oct-Dec2020, Vol. 20 Issue 4, p1752-1762, 11p
Publication Year :
2020

Abstract

This paper reviews the legal regulation of the dietary supplement turnover in Russia. Since dietary supplements are an independent object of civil commerce, they must have certain qualities that distinguish them, most importantly, from medicines. According to the authors, the dichotomy in the definition of dietary supplements in the Russian legislation does not allow fully preventing dietary supplements from being confused with other food products, medicines, international non-proprietary names of medicines. The authors also examine the relationship of dietary supplements with such concepts as comestibles and food products. Method: The authors used the method of comparative and systemic analysis, synthesis, and scientific research of the object as an element of civil legal relations. The purpose of the study was to look at dietary supplements as a subject of civil legal relations, to identify problems of protecting dietary supplements as objects of intellectual property law. Results: Although since the mid-1990s, active distribution of dietary supplements has begun in Russia, to date, the legal doctrine has not developed the scientific concept of dietary supplements, and the definitions contained in regulatory acts are contradictory. The analysis of the regulatory framework and judicial practice gives reason to conclude that dietary supplements are recognized as objects of civil legal relations in Russia. They are sold in free circulation, they are movable property, and legislators have established mandatory registration for putting these objects into commodity circulation. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
0971720X
Volume :
20
Issue :
4
Database :
Complementary Index
Journal :
Medico-Legal Update
Publication Type :
Academic Journal
Accession number :
162449678
Full Text :
https://doi.org/10.37506/mlu.v20i4.2095