Areas of Legal Impact in the Field of Genomic Research: Russian and International Experience

Abstract

Introduction: along with major civilizational revolutions, the past 50 years have seen advances of the biotechnological, or genetic, revolution. It has resulted in the development of industries such as transplantology, pro-creative technologies, gerontology, etc., which led to a sharp change in the anthropological situation and transformation of human corporeality. Due to the biotechnological revolution, people learned how to diagnose and treat hereditary diseases, life expectancy increased, and birth control became possible. This revolution gave rise to a new conceptual language, in the structure of which the concept of ‘genomic information’ occupies the most important place. Purpose: the article is devoted to the analysis and substantiation of the areas of legal impact on the results of genomic research, which is caused by technological modernization and new information processes occurring in chemical, biological, and medical science and practice. To achieve this goal, the authors study the problems arising from the circulation of genomic information and analyze the directions of legal impact on new objects appearing as a result of advances in genomic research. Methods: the methodological framework of the research is based on universal (philosophical), general scientific, specific (including special legal) scientific methods: dialectical, logical, concrete historical, sociological, comparative legal and formal legal. The specificity of the research subject determined the use of the systems approach. Results: we can distinguish three aspects in the analysis of the concept of ‘genome’: functional, informational, axiological. The genome is defined in different ways depending on which of the aspects is chosen; accordingly, different legal means and elements of legal impact are used within each of the aspects. Legal relations being the focus of the legislators' attention have a significant influence on the choice of means of legal impact. Conclusions: today it is necessary to seek solutions on how to legally ensure the establishment, regulation, protection of social relations in the field of genomic research. It is also necessary to supplement the current legislation of the Russian Federation with norms of protective nature that would prohibit employers or other organizations from demanding or requesting genetic tests as a condition for being hired or receiving social benefits.