On the Licensing of Forensic DNA Analysis Activities

Abstract

The question of whether it is appropriate to classify genetic examinations of kinship as a medical service is considered in the article. Establishment of identity of an unknown individual (alive or dead) with a specific person is a classic example of forensic medical genetic examination. At the same time an examination on establishment of biological kinship of people whose identity is known and doesn’t demand identification cannot be classified as an identificational. That is the study of human DNA to establish kinship cannot be referred to as a class of medical examinations. Forensic medical examination (including genetic) is a type of medical activity which is carried out by a medical organization and therefore needs licensing. However, if an examination is not carried out in a medical organization and there is no word “medical” in the name such an examination cannot be considered as a medical activity and doesn’t need licensing exactly as it is arranged in expert institutions of the Ministry of Internal Affairs of the Russian Federation at this point. Such examinations can be considered as a type of forensic biological expertise.