On the incapacity of cryonized people: a new subject of law is needed

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Abstract

The problem of the need to determine the status of a cryonized (immersed in deep freezing minus 196 degrees Celsius) terminally ill person according to a special technique, in accordance with the contract concluded with respect to him for a long time for the purpose of his subsequent defrosting, when safety technologies for such defrosting and cryonized healing will be developed. It is noted that currently in our country there is no legislative and other regulatory regulation in this area, as there is no scientific and legal research on this topic. But some terminally ill people have an acute desire to undergo such technology, since cryonation, in their opinion, is the last chance not to die in the hope of future scientific achievements that allowed defrosting and curing the cryonized. And if there is a demand, there will be a supply. Today in Russia there is (since 2005) the only business structure that is gradually gaining “momentum”. Under such an agreement, a cryopatient is cryonized, biologically and legally deceased, which does not guarantee its safety – in legal terms – neither during long-term storage nor during defrosting. Taking into account that the legal capacity of a citizen arises from the moment of his birth and ceases with death, the article proposes to expand this concept at the expense of a new subject – a cryopatient – not fully alive, but not a corpse, which will not allow him to be treated as a corpse in the future.

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About the authors

Mikhail I. Kleandrov

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: mklean@bk.ru

Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Chief Researcher

Russian Federation, 119019, Moscow,Znamenka str., 10

References

  1. Elkov I. Frost under the skin. To save your body for resurrection in the future is worth 900 thousand rubles in a cryodepository near Moscow // Ross. gas., week. 2012. October 11 (in Russ.).
  2. Kleandrov M. I. Nedopravosubject economic formations: what is it // Journal of Russ. law. 2023. No. 8. Pp. 28–38 (in Russ.).
  3. Kleandrov M. I. On the fundamental science of law and some of its directions // State and Law. 2020. No. 5. Pp. 19–31 (in Russ.).
  4. Minnikes I. A. Constitutional rights of citizens and digital reality (possible threats) // Proceedings of IGP RAS. 2021. No. 16 (6). P. 182 (in Russ.).
  5. Panichkin V. B. Death as a basis for termination of legal capacity: a comparative analysis of the law of Russia and the USA // Civil Law. 2009. No. 4. Pp. 14–16 (in Russ.).
  6. Chebysheva K. Clients believe in immortality. They promise to wake them up in 50 years or so… // Labor. 2006. May 17 (in Russ.).
  7. Ettinger R. Prospects of immortality / transl. from English by D. Medvedev. M., 2003 (in Russ.).

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