Civil Law Regime of Genes as Objects of Civil Rights

Abstract

At the present stage of the formation of the rule of law and developed civil society in the Russian Federation, the possibility of using and protecting genes, genomes and genomic technologies, mainly related to the sphere of private life, becomes particularly relevant. The world has already formed a scientific direction — gene editing. The practice of implementation of such developments is aimed at the implementation of genetic «improvement» of a person, his life and health. Society has existed for a long time in the era of genetic engineering. Currently, quite a large number of scientific studies are being conducted and many practical experiments are being implemented, both medical and socio-legal, aimed at involving genes and genetic structures in the framework of the legal field, in civil circulation.A particularly large number of questions and practical problems arise in determining the possibility of including genes and genomes as objects of legal relations and their definition as objects of civil rights.Debatable is the question of the turnover of genes, genomes, genetic structures and the possibility of making various civil transactions with them, the entry of subjects (participants) of genomic technologies in the binding and proprietary relationships with genes. The possibility of inclusion of genes and genomes in the objects of intellectual property rights and ensure their patent protection, the establishment of legal protective procedures is proved.There is an objective need to qualify and determine the legal nature of genes and genomes as objects of civil rights and the establishment of a special civil regime of genes, genomes and genetic structures. This special civil law regime of genes has a civil law nature. The author’s definition of a special civil-law regime of genes as objects of civil rights is proposed, the features and content of this regime are determined. The possibility of regulatory and legal regulation of genomic studies and the implementation of their results in medical practice is proved.