LEGAL PROBLEMS OF GENETIC INFORMATION BANKS IN SCIENTIFIC RESEARCH: EUROPEAN EXPERIENCE

Abstract

Aim. Study of the European experience in the legal regulation of relationships on the creation of genetic information banks and their use in research. Methodology. The research methodology of the study includes empirical methods of comparison, description, interpretation; formal and dialectical logic; special scientific methods - formal legal, comparative law, legal forecasting. Results. The study revealed that scientific genetic research requires broad agreement of the subjects involved in the research. Broad agreement means that the research participant expressly agrees that their data and / or samples will be used for a certain range of future research projects subject to external and ongoing supervision. However, broad agreement should define categories of data processing methods, guarantees to mitigate the risks associated with these methods, and categories of potential data recipients. The object of patent protection may be the results of genetic engineering manipulations that differ significantly from the natural ones, if other patentability requirements are met, as well as if their patenting is not contrary to public order and morality. Research implications. The article contains proposals for the development of legal regulation of the creation and use of genetic information banks in Russia.