Пределы вмешательства уголовного права в сферу исследования генома человека

Abstract

Introduction: the unprecedented successes of genetics have created a clear need to specify the limits of intervention of criminal law in relations associated with research into the human genome. When addressing this issue, it is essential to take into account not only the advantages that genetic engineering offers to mankind but also the threats posed by the technologies in question. Purpose: to determine the potential limits of criminal law interference in relations associated with the study of the genome. Objectives: to classify the limits of criminal law intervention, to identify the forms of socially dangerous behavior to be criminalized; to differentiate between the protective functions of criminal and administrative legislation in relation to the category of offenses under consideration; to designate areas that are off-limits to criminal law interference. Methods: both general and specific scientific methods were used, including dialectic, deduction and induction, content analysis, comparative legal method, statistical method, questioning, interviewing. Results: the limits of intervention within the protective function of criminal law have been analyzed based on five grounds, and none of the listed limits has been found to be properly defined for the field of genetic research. Based on five aspects of the manifestation of the genome in legal relations, the paper outlines the possibilities for improving the Russian criminal law taking into account the protection of each of the aspects. The accent on criminal law in the corresponding area of legal policy appears to be unacceptable. However, it is important to designate several socially dangerous acts affecting relations in the field of genetics as those that should be criminalized. On the other hand, in the interest of progress in genetic research, there is a need to actively develop the institute of circumstances excluding criminality of an act. Conclusions: the formation of temporal, spatial, subjective, substantive and interbranch limits of criminal law intervention in the human DNA research will allow geneticists to more accurately determine the reference points of scientific research, to channel their efforts exclusively into creative and constructive work, and will make it possible for all the interested parties to be more active in providing organizational, financial and scientific assistance for such researchers.