Actual Problems of Domestic Legal Regulation of the Collection, Storage and Transmission of Genomic Information in the Context of Modern Challenges

Abstract

Relevance. The implementation of the international project "Human Genome" made it possible to decipher it, however, the volume of this information and possibilities of its application both for universal (pandemic control) and terrorist purposes (development of biological weapons, targeted at a particular nation), especially in conditions of political tension and competition for leadership, determine the need to forecast potential risks and develop an adequate legal regulation.The purpose of this study is to assess the current state of security of genomic information obtained in the framework of biomedical research, as well as within the framework of implementation of public policy in the sphere of public security. It is also necessary to study the experience of foreign countries in this field with a view to its further use in Russian legal practice.Objectives. Comprehensive study of legal regulation of the collection, storage, use and destruction of genomic information allowed to identify gaps in legal regulation. Finding ways to solve them is the objective of this study.Methodology. To achieve the set objective were applied methods of scientific knowledge: analysis, synthesis, system-analytical, formal-logical, system-legal methods by means of which the authors carried out an analytical review of domestic and foreign legislation, identified the specifics of legal relations under study and proposed solutions to the identified legal problems.Results of the study are formulated suggestions for changes in legal acts of domestic legislation relating to the collection, storage and control of access to genomic information, taking into account the studied foreign experience. Conclusion. The existing regulations on genomic information do not provide protection from processing and transfer to third parties. For this reason human genomic data should be designated as "sui generis", and legal regulation should be expanded, including formation of federal agencies responsible for regulation of ethical and legal aspects of genetic and genomic research.