Principles of Correlation Between Self-Regulation and State Legal Regulation of the Relations Related to Genetic Research: Modern Prospects
Ksenia V. Mashkova1, Maria Viktorovna Varlen2, Sergey Sergeevich Zenin3, Anri Lvovich Bartsits4, George N. Suvorov5
1Ksenia V. Mashkova, FSBEI of HE “Moscow State Law University named after O.E. Kutafina (MSLA)”, Moscow, Russia.
2Maria Viktorovna Varlen, FSBEI of HE “Moscow State Law University named after O.E. Kutafina (MSLA)”, Moscow, Russia.
3Sergey Sergeevich Zenin, FSBEI of HE “Moscow State Law University named after O.E. Kutafina (MSLA)”, Moscow, Russia.
4Anri Lvovich Bartsits, FSBEI of HE “Moscow State Law University named after O.E. Kutafina (MSLA)”, Moscow, Russia.
5George N. Suvorov, Academy of Postgraduate Education FSBI FCMC FMBA of Russia, Moscow, Russia.
Manuscript received on 12 March 2019 | Revised Manuscript received on 17 March 2019 | Manuscript published on 30 July 2019 | PP: 3850-3855 | Volume-8 Issue-2, July 2019 | Retrieval Number: B2651078219/19©BEIESP | DOI: 10.35940/ijrte.B2651.078219
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: The principles of correlation between self-regulation and state legal regulation of the relations related to genetic research have been discussed in this article. Today the development of genetics and applied genomic medicine has a direct effect on legal relations on protecting the rights and legal interests of an individual. The main goal of the study is to research regulatory legal acts, judicial practice, and doctrinal sources aimed at determining the optimal correlation of the beginnings of self-regulation and state legal regulation of relations related to genetic research. When writing the article, the methods of collecting and studying singularities, the generalization methods, the scientific abstraction methods, as well as the method of inquiry into regularities have been used. This study is characterized by using the experience of foreign self-regulatory organizations and professional associations involved in genetics. In their study, for the first time, the authors have substantiated the conclusion that the model of the optimal correlation of state regulation and self-regulation of legal relations related to genetic research is based on the following principles: 1) informed consent for genetic research and protection of the confidentiality of the obtained information, 2) participation of self-regulating associations of medical geneticists in developing national standards for the quality of medical services in genetic research, as well as the requirements for medical organizations and medical employees who provide them, and 3) legalization of the legal status of a person providing counseling services in genetic research and in associated areas related to defining a strategy for the treatment of genetically determined diseases and the use of assisted reproductive technologies (genetic counselors). In the article it has also been stated that it is necessary to define the legal mode of protecting the information obtained during the genetic research depending on classifying such research as a certain specific category – diagnostic, pre-symptom or prognostic (carried out to assess the vulnerability of an individual to a specific disease). Third parties can only access the results of diagnostic genetic research.
Index Terms: Principles, Gene Diagnostics, Gene Therapy, Protection of Information, Legal Status, Genetics.
Scope of the Article: Information Retrieval