Legal Protection of Genetic and Genomic Information in Genomic Legal Relationship: A Civil Law Aspect
Lex genetica.,
Год журнала:
2024,
Номер
3(3), С. 93 - 106
Опубликована: Окт. 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
Язык: Английский
Ethical and Legal Issues of Genetic Research of Indigenous Small-Numbered Peoples
Lecture notes in networks and systems,
Год журнала:
2020,
Номер
unknown, С. 301 - 310
Опубликована: Янв. 1, 2020
Язык: Английский
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),
Год журнала:
2020,
Номер
5, С. 42 - 50
Опубликована: Июль 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
Язык: Английский
«SYNTHETIC» GENOM AND PRODUCTSRESULTANT USING IT AS NEW OBJECTS OF LEGAL RELATIONS
Courier of Kutafin Moscow State Law University (MSAL),
Год журнала:
2020,
Номер
5, С. 51 - 59
Опубликована: Июль 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.
Язык: Английский
Medical Error as a Source of Iatrogenic Harm: Issues of Causality and Legal Liability
Lex Russica,
Год журнала:
2022,
Номер
75(7), С. 120 - 130
Опубликована: Июль 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.
Язык: Английский
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,
Год журнала:
2021,
Номер
unknown
Опубликована: Янв. 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.
Язык: Английский
Epistemological issues of research of the subject and object of legal protection in genomic relations
Anastasiya E. Semyonovikh
RUDN JOURNAL OF LAW,
Год журнала:
2021,
Номер
25(4), С. 872 - 887
Опубликована: Ноя. 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
Язык: Английский
Private-law definition of the concept and legal nature of human genetic information
Cuestiones Políticas,
Год журнала:
2023,
Номер
41(76), С. 400 - 418
Опубликована: Март 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
Язык: Английский
Results of genomic research as the objects of civil law
Юридические исследования,
Год журнала:
2020,
Номер
7, С. 54 - 61
Опубликована: Июль 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.
Язык: Английский