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

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

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Ethical and Legal Issues of Genetic Research of Indigenous Small-Numbered Peoples

Lecture notes in networks and systems, Journal Year: 2020, Volume and Issue: unknown, P. 301 - 310

Published: Jan. 1, 2020

Language: Английский

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LEGAL REGULATION OF GENOMIC TECHNOLOGIES, GENODIAGNOSTICS AND GENE THERAPY AND IMPLEMENTATION OF THEIR RESULTS IN MEDICAL PRACTICE

Courier of Kutafin Moscow State Law University (MSAL), Journal Year: 2020, Volume and Issue: 5, P. 42 - 50

Published: July 12, 2020

At the present stage of formation and progressive development socially-oriented policy Russian state developed civil society, possibility using modern genomic technologies, genodiagnostics gene therapy in medical practice becomes particularly relevant order to ensure physical mental health population protect rights citizens field medicine, effective treatment patients with genetic other diseases. The implementing such developments is aimed at a citizen Federation care, «improvement» human body for purposes. article analyzes some features legal regulation biomedical population, severe

Language: Английский

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«SYNTHETIC» GENOM AND PRODUCTSRESULTANT USING IT AS NEW OBJECTS OF LEGAL RELATIONS

Courier of Kutafin Moscow State Law University (MSAL), Journal Year: 2020, Volume and Issue: 5, P. 51 - 59

Published: July 12, 2020

Biology and biotechnology are developing at an active pace. In many ways, the achievements of genetics contributed to this. One areas biology is synthetic biology, i.e. which based on work with genome, not only by «editing» existing one (deleting (or) replacing its individual fragment), but synthesis, artificially obtaining another genome or fragment that performs necessary, predetermined functions. Synthetic opens up great opportunities for medicine, veterinary agriculture other branches fields bioeconomics. At same time, latest technologies can lead serious changes in those economy where they be successfully used, also society environment. The article attempts comprehend phenomenon «synthetic» new objects products created use.

Language: Английский

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Medical Error as a Source of Iatrogenic Harm: Issues of Causality and Legal Liability

Lex Russica, Journal Year: 2022, Volume and Issue: 75(7), P. 120 - 130

Published: July 16, 2022

The paper is devoted to the legal aspects of medical errors arising in activity. purpose work conduct a analysis error and resulting iatrogenic harm, as well formulate author’s definitions concepts under study, such as: error, tort liabilities field. author conducts stated problems based on existing regulatory acts this area, materials judicial practice. Separately, within framework paper, an illustrative specific court case given, representative for which was scientific study number problematic issues that courts face when considering category cases were expressed. identified by following example represent quintessence approach practice whole set from harm human life health result iatrogenies. In conclusion, concludes so-called require special considered resolved court, taking into account circumstances indicated content cited. more effective consideration adoption objective, fair decisions possible through implementation legislative measures. Among them are introduction «medical» corpus delicti norms Criminal Code Russian Federation field iatrogeny Part II Civil Federation.

Language: Английский

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Using Digital Technologies is Securing Private and Public Interests in Gene Research

Advances in economics, business and management research/Advances in Economics, Business and Management Research, Journal Year: 2021, Volume and Issue: unknown

Published: Jan. 1, 2021

The article is devoted to the definition of specifics formation intellectual property rights in implementation genomic research using technologies for mining big data, including field circadian genetics, while respecting private and public interests.The author analyzes regulation transfer processing personal creation new results activity, taking into account different approaches scientists relevant fields, law enforcement.It proposed legislatively provide power regulate data placement, use virtual computers management cloud, as well fix corresponding minimum requirements at level international regulation.It concluded that, terms cross-border transfer, it advisable a comprehensive model "adequate protection", "safe harbor" "accountability" exchange information between institutes, universities companies.It indicated that present, judicial practice being formed consider disputes related certain manipulations with genetic material precisely from position balance interests (morality) non-property (respect family life), regardless assessment any relation objects.It noted framework further discussion, development legal regime genes (including genes) person combination sui generis rights.The practical value not only lawyers, but also specialists other fields (biology, medicine, etc.) their information.The conclusions made by authors are applicable process implementing legislative activity.

Language: Английский

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

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

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Private-law definition of the concept and legal nature of human genetic information

Cuestiones Políticas, Journal Year: 2023, Volume and Issue: 41(76), P. 400 - 418

Published: March 6, 2023

The article explores the private law regime of human genetic information. To achieve objective, an analysis bibliographic sources in field and genomic research, legal support for circulation information its protection was carried out. document also analyses provisions legislation practice United States Member European Union. General specific methods scientific knowledge, including dialectical methods, formal logic comparative law, were used to solve problems raised. clarifies doctrinal definitions concepts “genome” “gene” individual. It points out dual nature gene as a material object: DNA molecule, unit hereditary that is intangible nature. possibility attributing objects civil rights, particular objects, movable property results intellectual activity. conclusions need distinguish between genomics. In addition, it reviews theoretical approaches define concept

Language: Английский

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Results of genomic research as the objects of civil law

Юридические исследования, Journal Year: 2020, Volume and Issue: 7, P. 54 - 61

Published: July 1, 2020

The object of this research is the determination means establishing results genomic as objects intellectual property. author analyzes Russian normative legal acts regulating questions conducting and securing rights to their results. problem absence universal definition conceptual framework for in national legislation indicated. Analysis carried out on defended community scientific positions pertaining need separate consolidation regulation each type product or organism that contains genes, derivative from biomaterial, well genes genome themselves. main conclusions consists formulation substantiation concept “genomic research” research. original classification into static dynamic proposed. believes property law most suitable Inexpedience determining creates biomaterial an substantiated. holds amendments should be introduced exceptional circumstances when a new possesses unique characteristics, existing tools do not allow reflecting its specificity protect interests bearer.

Language: Английский

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