Issues of Civil Law Regulation Regarding the Protection of Civil Rights When Using Genetic Information

Вестник Пермского университета Юридические науки, Journal Year: 2021, Volume and Issue: 52, P. 263 - 284

Published: Jan. 1, 2021

Introduction: the article deals with some basic legal issues that arise from use of human genetic information. There exist defining nature such information, which we identify in article. Current regulation is not able to take into account peculiarities information and provide an effective protection against misappropriation improper when carrying out diagnostics, working biomaterials. At moment, special public law civil procedure for obtaining, accumulating, processing, accessing, protecting required. Purpose: develop a conception field rights using propose possible ways resolving those, done based on analysis scientific works as well international Russian legislation. Methods: empirical methods comparison, description, interpretation; theoretical formal dialectical logic. Specific methods: legal-dogmatic method interpretation norms. Results: order overcome associated it necessary system guarantees aimed at ensuring respect dignity, interests individual, their prevent harm its use. Conclusion: threat illegal violation rights, government must number important measures introduce amendments supplements statutory regulations: individual acquire status, namely, be set apart group personal biometric form independent type data restricted access kinship (blood) relationship between third parties carrier information; bring provisions legislation line Law Personal Data; legislatively specify regime preservation obtained result gene diagnostics framework activities biobanks. Such would make unified right combination norms private life.

Language: Английский

Novels of modern domestic legislation in the field of genomic therapy and the prospects for its implementation in everyday life

Tyumen State University Herald Social Economic and Law Research, Journal Year: 2022, Volume and Issue: 8(4), P. 82 - 96

Published: Jan. 1, 2022

Recent events in Russia and the world have shown high importance of medicine for modern society. It became obvious that a large number threats are concentrated from point view consistency healthcare system, which can be ensured by coordinated actions state structures based on high-quality regulatory legal framework. On other hand, new means methods treating various diseases seem to important. One these areas high-tech is diagnosis editing human genome. There practically no normative regulation this activity, despite fact science replete with proposals regard notes an acute shortage regulation. Nevertheless, medical technologies had some influence minor changes area, including special powers federal territory “Sirius”, revision system control supervision over production distribution biomedical cell products progress causing compensating harm conducting genomic research. The scientific novelty work conclusion about impact Russia, as well further improvement such work. purpose study analyze latest legislative innovations assess them, determine main directions improving area. Methodology. To carry out study, we analyzed domestic issue therapy its dynamics past few years, used method expert assessments, comparative method. suggestions were made modeling Key conclusions general philosophical knowledge — analysis synthesis, deduction induction.

Language: Английский