The problem of the administrative liability for the violation of the GMO'S ban in Russia

Abstract

The authors analyze the Russian system of prohibitions on work with plants obtained by genomic technologies and penalties for their violation. It is prohibited in Russia to grow plants whose genetic program has been modified by humans using genome technologies. Not all plants obtained by these methods are prohibited, for example, plants obtained using DNA-free genome editing should not fall under this ban. The specialists who are planning work on growing plants obtained by genomic technologies, therefore, should correctly determine what falls under the legal ban and what is the punishment of non-compliance with it. A legislation systematic analysis has shown that there is no liability for non-compliance with this ban, which reduces the efficiency of regulatory measures and creates preconditions for violating the law. Administrative liability is provided only for the cultivation of genetically modified plants without registration. However, it is unclear when such registration should be carried out due to inconsistent amendments to the legislation. It should be stated thereby that the legal risks in growing plants obtained using genomic technologies in the Russian Federation are excessively high. Their minimization is possible by amending the legislation on genetic engineering and environmental protection, which should be preceded by the adoption and compliance at the federal level of an agreed strategy for the development of agricultural biotechnology.