Public interests as a basis for the genetic information obtaining and using without consent of the person DOI Open Access

Ю. С. Поваров

Juridical Journal of Samara University, Journal Year: 2021, Volume and Issue: 7(2), P. 42 - 47

Published: Oct. 19, 2021

The article systematically examines the collection, storage, dissemination and use of information about private life (including genetic data) without consent data subject under pretext having public interests. relevant legal provision (Article 152.2 Civil Code Russian Federation) is subjected to a thorough critical analysis from perspective of: a) identifying its relationship with norm Federation, which provides for general ban on uncoordinated transactions specified information; b) breadth uncertainty content due absence any differentiation regulation based type actions performed information, as well evaluative nature concept interest). Based thesis inexpediency unconditional refusal category interest, author emphasizes relevance formulation legislative fixation algorithms recognizing fact presence interest (taking into account provisions Article 55 Constitution Federation), establishment restrictions subject, target, organizational other in interest. Particular attention paid issue voluntary participation individuals planned passporting population Russia (it emphasized that ignoring principle cannot be explained only by referring

Language: Английский

Legal Protection of Genetic and Genomic Information in Genomic Legal Relationship: A Civil Law Aspect DOI

A. E. Semenovikh

Lex genetica., Journal Year: 2024, Volume and Issue: 3(3), P. 93 - 106

Published: Oct. 25, 2024

Genetic and genomic information has enormous potential. In the near future; such may be determined as an integral part of world order in general; legal particular. The author examines modern theory relations; applying it to relations regarding genetic methods protecting information. mechanism civil law protection identify those means by which is possible ensure research aimed at studying illustrating ensuring

Language: Английский

Citations

0

Genetic and Technological Factors in legal Regulation of Food Security in the Russian Federation DOI

Nadezhda M. Mityakina,

Alevtina E. Novikova,

A. S. Fedoryashchenko

et al.

Lex genetica., Journal Year: 2024, Volume and Issue: 3(4), P. 25 - 45

Published: Dec. 27, 2024

Contemporary socioeconomic, geopolitical, and technological conditions pose unprecedented threats challenges. Recent years have witnessed a transformation of the world order, resulting in establishment new rules principles human coexistence. Such global transformations affect all public spheres, imposing special requirements on quality measures to ensure national security at both governmental individual levels. Therefore, aspects security, including food is increasingly attracting research attention. In this article, we set out identify recent trends policy terms using genetic technologies Russian Federation formulate proposals for improving legal regulation area. The conducted by fulfilling following tasks: (1) an analysis Russia’ strategic documents order assess current status support country; (2) modern scientific concepts safety impact technologies, gene editing agriculture; (3) formulation legislation. Our has revealed need develop state based approaches role technologies. importance related agriculture industry, highlighted. Agrarian legislation should reflect main provisions concerning promotion field animal feed production.

Language: Английский

Citations

0

Epistemological issues of research of the subject and object of legal protection in genomic relations DOI Creative Commons

Anastasiya E. Semyonovikh

RUDN JOURNAL OF LAW, Journal Year: 2021, Volume and Issue: 25(4), P. 872 - 887

Published: Nov. 24, 2021

The relevance of the research topic is justified by rapid technological development genetics and genomics introduction genetic technologies inventions in scientific medical practice, which not provided with a proper systematized legal protection national international legislation. legislators problems are caused uniqueness complexity genomic relationship. subjects knowledge framework post-non-classical rationality need to focus on epistemological philosophical foundations relations. purpose study identify reflect features Research tasks suggest defining concept composition relations, identifying object subject distinguishing between concepts "legal safeguard" protection" methodology includes dialectical method, general logical operations (deduction induction, analysis synthesis), private methods (formal comparative methods). Within rationality, systematic approach used - structure, functional instrumental aspects protective

Language: Английский

Citations

1

Harmonization of health protection legislation and personal data legislation as a basis for the development of personalized medicine DOI Open Access
Valentina D. Ruzanova

Juridical Journal of Samara University, Journal Year: 2023, Volume and Issue: 9(4), P. 38 - 45

Published: Dec. 30, 2023

The article analyzes the health protection legislation and personal data in terms of their impact on implementation personalized medicine practice. It is concluded that since development associated with study a person’s individual data, first all, his genetic harmonization legal provisions medical activities information as type takes special significance. In relation to medicine, «head» law proposes consolidate general regarding use an individualized method, laws identify groups norms establish specifics using this method carrying out specific (direction) activity. As final conclusion, idea need harmonize substantiated, primarily regime information, well features medicine.

Language: Английский

Citations

0

Modern Approaches to Criminalistic Identification: The Role of Genomic Identification DOI Open Access

Vyacheslav Kolominov,

Viktoria Rodivilina

Siberian Criminal Process and Criminalistic Readings, Journal Year: 2023, Volume and Issue: 3 (41), P. 109 - 117

Published: Aug. 30, 2023

Criminalistic identification is an important instrument in the investigation of crimes. The article analyzes classification methods with emphasis on genomic identification. importance applying modern criminalistics stressed, problems associated collection specimens for comparative research are studied, and requirements to traces biological origin described. author presents a review publications current field criminalistic A based different criteria given, including legal nature, type reflection, evidential significance properties identified objects. Key identification, such as polymerase chain reaction (PCR), microsatellite analysis, DNA sequencing others examined within context their application criminalistics. results analyzing existing connected specimen collection. identified. However, it considered impossible offer universal algorithm identifying, collecting preserving evidence. analysis allows draw conclusions about necessity observing origin.

Language: Английский

Citations

0

Public interests as a basis for the genetic information obtaining and using without consent of the person DOI Open Access

Ю. С. Поваров

Juridical Journal of Samara University, Journal Year: 2021, Volume and Issue: 7(2), P. 42 - 47

Published: Oct. 19, 2021

The article systematically examines the collection, storage, dissemination and use of information about private life (including genetic data) without consent data subject under pretext having public interests. relevant legal provision (Article 152.2 Civil Code Russian Federation) is subjected to a thorough critical analysis from perspective of: a) identifying its relationship with norm Federation, which provides for general ban on uncoordinated transactions specified information; b) breadth uncertainty content due absence any differentiation regulation based type actions performed information, as well evaluative nature concept interest). Based thesis inexpediency unconditional refusal category interest, author emphasizes relevance formulation legislative fixation algorithms recognizing fact presence interest (taking into account provisions Article 55 Constitution Federation), establishment restrictions subject, target, organizational other in interest. Particular attention paid issue voluntary participation individuals planned passporting population Russia (it emphasized that ignoring principle cannot be explained only by referring

Language: Английский

Citations

0