Правовое государство: теория и практика (Sep 2022)

PROBLEMS OF LEGAL REGULATION OF THE PROTECTION OF GENETIC INFORMATION OBTAINED BY METHODS OF PREIMPLANTATION AND PRENATAL GENETIC DIAGNOSIS, IN THE RUSSIAN FEDERATION

  • AKHTYAMOVA Evgeniya Viktorovna,
  • ALSYNBAEVA Elvira Makhamatovna,
  • MASALIMOVA Albina Almazovna

DOI
https://doi.org/10.33184/pravgos-2022.3.3
Journal volume & issue
Vol. 18, no. 3(69)
pp. 20 – 26

Abstract

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In the context of the active development of the areas defined by the Concept of Predictive, Preventive and Personalized Medicine, genodiagnostics, applied at the stage of family planning, is of particular importance. The introduction of preimplantation and prenatal genodiagnostics poses not only ethical but also legal problems. Of particular importance are the problems of protecting genetic information obtained using these methods from unauthorized use, which actualizes the need to improve the current regulatory framework for determining and specifying the conditions for carrying out such genodiagnostics. Purpose: to identify actual legal problems arising from the use of genetic information obtained by methods of preimplantation and prenatal genetic diagnosis, to determine the best ways of their solution as well as the main directions of further technological development and improvement of national legislation in the field of genetic diagnosis. Methods: the authors apply empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the analysis of the current legislation regulating preimplantation and prenatal genetic diagnosis in the Russian Federation reveals a number of pressing legal problems arising from the use of genetic information obtained in diagnostics. It is established that the current legislation does not take into account the specifics of genetic information and cannot provide effective protection against its illegal use in genetic diagnostics. General directions of improving national legislation in order to overcome problems related to the observance of human rights in the use of methods of preimplantation and prenatal genetic diagnostics are outlined.

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