Legal regime of biobanks in domestic legislation

Abstract

In the article on the basis of a critical analysis of the existing positions in the doctrine the concept of a biobank as an object of rights was formulated. At the same time, it is proposed to distinguish between the organizations in charge of biobanks and the collections themselves. It was concluded that biobank is a complex object, which is differentiated unity, since its elements, on the one hand, are autonomous, but on the other hand, are interconnected and interdependent. It is emphasized that the formation of a single legal regime of biobanks is complicated by the substantive heterogeneity of this object and the diversity of its elements. Taking into account the experience of European States in this field of legal regulation and scientific views, the idea of publishing as a basic special law on biobanks, which should establish their legal regime as an object of rights and rules for organizations under the jurisdiction of biobanks, was supported. The need for organizations working with biobanks to provide unprecedented protection is proven. The structure of the legal regime of biobank has been determined and as its most important component a group of rules on obtaining the consent of the holder for the further use of biobanks and data derived from them has been identified. The feasibility of introducing more diverse forms of consent to the circulation of the contents of biobanks is justified.