Medical genetic technologies in the biosafety system: a risk-based approach

Abstract

The subject of the research is the legal mechanisms of regulation of public relations in the field of medical genetic technologies as an element of the biological security system of Russia. The purpose of the reasearch is to analyze the legal regulation of medical genetic technologies as an integral part of biosafety, taking into account their inherent features, to identify an assessment of the effectiveness of existing rationing mechanisms and to propose new more effective legal mechanisms. The methodological basis of the research consists of general scientific and special methods. The general scientific methods include system, structural-functional, formal-logical (deduction, induction, analysis, synthesis) methods. To achieve the purpose of the research work, special methods of legal science are also used: formal legal, legal modeling and others. The result of the research was the identification of a low-effective legal mechanism for regulating medical genetic technologies as an integral part of biosafety existing in domestic legislation. In this regard, we have proposed some directions for improving the current regulatory framework in the field of public relations under consideration. The results obtained can be used in educational activities in the courses "Social law", "Medical law". The novelty of the research work lies in the fact that for the first time medical genetic technologies are considered as an element of the biological security system of Russia, taking into account the characteristic features and social significance inherent in this type of genetic technologies, which were also highlighted for the first time. Also, the novelty is expressed in the parameters developed by the author for attributing medical genetic technologies to technologies of low, medium or high probability of occurrence of risks, which we have also identified. Based on the results of the study, we came to the conclusion that it is necessary to design truly effective legal mechanisms for regulating medical genetic technologies based on the proposals we have put forward to ensure the legally permissible level of biosafety in Russia when using medical genetic technologies.