Medical Radiology and Radiation Safety. 2019. Vol. 64. No. 5. P. 69–70
DOI: 10.12737/1024-6177-2019-64-5-69-70
P.A. Kalinichenko, D.V. Ponomareva
Ethical and Legal Aspects of Regulating Genomic Research in International and Russian Practice
O.E. Kutafin Moscow State University of Law, Moscow, Russia. E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
P.A. Kalinichenko – Professor of Dep., Dr. Sci. Law, Prof.;
D.V. Ponomareva – Lecturer, PhD Law
Abstract
Despite the UN efforts at the universal level, there are no legally binding instruments at this level devoted exclusively to biomedicine and genomic research. However, an experience in the field of protection against radiation exposure could be useful in this regard.
The active development of Biomedicine and genomic research has led to conflicts between ethics and law, which have been the subject of consideration in the higher courts, including at the supranational structures level, in particular, the Council of Europe and the European Court of human rights. Nevertheless, it should be noted that despite all the laws imperfections, Russia is building its approach within the existing system of international standards that allow for the national uniqueness of the regulation in the relevant sphere.
Key words: genomic research, DNA, Council of Europe, Russia, ECHR, international standards, radiation safety, judicial practice, medicine
REFERENCES
- Savkin MN. Modern radiological protection systems of humans and wildlife. In: Practical recommendations on the assessment of radiation effects on humans and biota. Eds. Linge I., Kryshev I. Moscow: Fund for Environmental Safety of Energy. 2005:17-8. (in Russian).
- Ethical and legal aspects of the project “Human Genome” (international documents and analytical materials). Moscow. 1998:5. (in Russian).
- Pavel Burkov v. Russia (dec.), no. 46671/99, ECHR 2001; Aleksandr Sardin v. Russia (dec.), no. 69582/01, ECHR 2004.
- Kukalo v. Russia (dec.), no. 63995/00, ECHR 2005; Chekushkin v. Russia (dec.), no. 30714/03, ECHR 2007; Butenko and Others v. Russia (dec.), nos. 2109/07, 2112/07, 2113/07, 2116/07, ECHR 2010.
- Federal Law, 21 November 2011, № 323-FZ “On the Principles of Health Protection of Citizens in the Russian Federation”. Collection of the Legislation of the Russian Federation. 2011:48:6724. (in Russian).
- Federal Law, 23 June 2016, № 180-FZ “On Biomedical Cellular Products”. Collection of the Legislation of the Russian Federation. 2016:26(I):3849. (in Russian).
For citation: Kalinichenko PA, Ponomareva DV. Ethical and Legal Aspects of Regulating Genomic Research in International and Russian Practice. Medical Radiology and Radiation Safety. 2019;64(5):69-70. (in Russian).