Foreign Experience of Legal Regulation and Protection of Relations in the Sphere of Genome Editing

Abstract

Purpose: to get acquainted with the experience of legal regulation and protection of relations in the sphere of human genome editing and to evaluate prospects of its use in the regulatory practice in Russia. Design/methodology/approach: the universal dialectical method of cognition of social phenomena and process, as well as a set of general (hermeneutical and axiological) and special (comparative legal, formal legal and modeling) scientific methods. Findings: the protection of human genome is essential in the digital era and DNA editing researches should be based not only on morality but also on legal standards. The world community has developed a number of fundamental documents governing researches of human genetic data and biological samples. Countries that are interested in developing human genome science are actively adopting regulations in this field. They try to create a good legal framework for scientists who are experimenting with genetic material. However, in practice, there are cases of violation of human rights and freedoms indicating the necessity of using the mechanism of criminal legal protection of such relations. Originality/value: editing a human genome is acceptable for therapeutic and other social purposes unless it leads to discrimination and ensures interests of an individual; international and foreign legal experience of human genome regulation demonstrates a rather cautious attitude of lawmakers to evaluation of such activities; at present the domestic legislator should pay attention to the regulatory method to influence its participants; a forming legal framework in the sphere of usage of results of scientific and technological progress will make it possible to identify areas that require the initiatives of criminal law.