Гуманитарные и юридические исследования (Sep 2021)
LEGAL REGULATION OF GENOMIC TECHNOLOGIES APPLICATION FOR AGRICULTURE OF SPAIN
Abstract
The paper is relevant because of the need to improve the Russian mechanism of administrative and legal regulation of genomic technologies application for agriculture. This mechanism is built fragmentary and in the current state does not allow achieving regulatory objectives, such as providing human and environmental safety when using genetically modified organisms (GMOs). The subject of the paper is the study of the experience of administrative and legal regulation of GMOs use and cultivation of in the Kingdom of Spain, which is a large agricultural country and one of two European Union countries that grow GMOs. The purpose of the paper is to highlight the norms, the reception of which by Russian law would serve to build a balanced mechanism of administrative and legal regulation of genomic technologies application for crop agriculture. The methodological basis of the study based on using comparative legal and formal legal methods in line with the system-logical cognition method. Because of the study, it was found that a number of provisions of the Spanish legislation on GMOs can be accepted by Russian law. It will solve many prob- lems of the legal regulation of the production and cultivation of GMOs in Russia. These are risk level determination in the use of GMOs; precaution measures that state bodies may take when detecting violation and threats to protected objects; administrative responsibility measures for violation of requirements for the use and cultivation of GMOs; creation of interdepartmental bodies to ensure safety when using GMOs. Spanish legislation is elaborated in detail and is based on pan-European regulatory rules, characterized by rigor in the application of genomic technologies. More than 20 years, genome-modified maize has been grown in Spain, and therefore the legal norms are tested by practice of the release of GMO into the environment and the implementation of GMOs. Therefore, Spanish legislation can be used as a serious basis for the formation of a modern Russian administrative legal mechanism of genomic technologies application for Russian crop production.
