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Lex Genetica

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Vol 3, No 4 (2024)
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Lex Genetica: Public -Law Dimension

7-24 172
Abstract

The article analyzes the major obstacles impeding the development of biobanks in the Russian Federation, outlining future trends in this field. Biobanks form a key component of research infrastructure, serving as repositories for unique biological samples for use by researchers and physicians when investigating disease pathogenesis and developing personalized treatment decisions. The biobanking industry in Russia faces significant challenges, including low awareness among the general population and the professional community directly involved in the interaction with biobanks and donors. In addition, the lack of a coherent legal and regulatory framework, as well as social support measures, creates uncertainty regarding protection of the rights of potential donors and hinders the work of scientific organizations. The results obtained highlight the need for a comprehensive strategy to advance biobanking in Russia. This strategy should encompass the formulation of a legal and regulatory framework to foster public support for this initiative and facilitate a dialogue between the academic community, governmental agencies, and the larger public.

25-45 119
Abstract

Contemporary socioeconomic, geopolitical, and technological conditions pose unprecedented threats and challenges. Recent years have witnessed a transformation of the world order, resulting in the establishment of new rules and principles of human coexistence. Such global transformations affect all public spheres, imposing special requirements on the quality of measures to ensure national security at both governmental and individual levels. Therefore, all aspects of national security, including food security, is increasingly attracting research attention.

In this article, we set out to identify recent trends in food policy in terms of using genetic technologies to ensure food security in the Russian Federation and to formulate proposals for improving the legal regulation of this area. The research is conducted by fulfilling the following tasks: (1) an analysis of Russia’ strategic and legal documents in order to assess the current status of legal support for food security in the country; (2) an analysis of modern scientific concepts of safety and the impact of genetic technologies, including gene editing technologies, on agriculture; (3) formulation of proposals for improving the current legislation.

Our research has revealed the need to develop the state policy and legal regulation of food security based on modern approaches to the role of genetic technologies. The importance of legal regulation of genetic technologies, including genetic editing technologies and technologies related to agriculture and food industry, is highlighted. Agrarian legislation should reflect the main provisions of the state policy concerning the support and promotion of genetic technologies in the field of food and animal feed production.

Lex Genetica: Private-Law Dimension

46-66 180
Abstract

At present, family law lacks a coherent doctrine of parenthood, in general, and maternity, in particular. The existing ideas pertaining to issues of establishing legal maternity in the context of assisted reproduction technologies fail to provide a logically consistent system of conclusions and recommendations in this area. The current legal science is lagging in the development of a concept of maternity, having to borrow knowledge from other branches of science.

In this article, the author examines the ongoing transformation of the institution of maternity in family law under the influence of biomedical technologies. In terms of legal representation, maternity is a multidimensional issue. In this connection, the author formulates a number of research tasks, including establishment of (1) maternity criteria and the legal status of the mother, (2) specific features in the protection of rights and interests of the born child, and (3) influence of assisted reproduction technologies when determining maternity.

The author concludes that the development of biomedical technologies and evolution of the institution of the family are driving the need for a new paradigm of the parental legal relationship. In this paradigm, the rights of both social parent and biological parent could be properly recognized and defined. Hence, parenthood, in general, and motherhood, in particular, would be a legally recognized relationship formed from the intention of the subjects to recognize themselves as parents of a particular child.

Lex Genetica: Comparative Legal Analysis

67-81 130
Abstract

Although the development of GMO technology can bring benefits to human beings, the safety and potential risks of genetically modified foods has always attracted the attention of researchers and has sparked lively debates among policymakers and legal scholars. In China, the legal framework governing GM foods remains a critical area of concern. This paper examines the regime of civil liability in China in relation to GM foods, focusing on the principles of no-fault liability and fault liability. It analyzes the legal provisions which shape the liability landscape of GM foods in China. If genetically modified food sold on the market poses a risk to consumer health, the producer and operator may be held liable under the principles of no-fault liability or fault liability in accordance with the provisions of the Civil Code and Food Safety Law of China. Consumers can also seek compensation for damages in accordance with the aforementioned legal document.

If the seller violates the consumer’s right to be informed about genetically modified (GM) food and the right to choose, the consumer can demand the cancellation of the sale contract and seek compensation for losses under the Civil Code. Additionally, they may also claim punitive damages in accordance with the Law on the Protection of Consumer Rights and Interests. As a result of health damage caused by the eating of genetically modified food without approval, the injured party may claim liability for damages in accordance with the Civil Code. Even if no substantial damage to body tissues has been caused, the victim can still claim compensation for actual losses such as medical appraisal fees, transportation expenses, and lost earnings due to missed work. Regardless of whether there is substantial damage to physical health, the victim can also claim compensation for pain and suffering depending on the circumstances. The article aims to provide a comprehensive consideration of the current state of civil liability arising from GM foods in China, highlighting the challenges, opportunities, and implications for policymakers, industry stakeholders, and consumers.

82-106 124
Abstract

This study analyzes specific features of food security legislation in the context of bioeconomy development at the global, regional, and national levels. The experience of regulating food security is analyzed by reviewing domestic and foreign publications, as well as respective legal documents. The research was conducted using the methods of generalization, formalization, analysis, abstraction, induction, and deduction. The evolution of food security regulation in the context of bioeconomy development in the European Union and the EAEU, along with specific national features, is assessed.

Food security was established to be a key direction in the development of bioeconomy strategies, which is reflected in the legislation of various foreign countries. The conceptual framework of food security legislation has been developed in greater detail at the global level. Common features in the formation of strategic documents in this area have been determined. Both at the global and national levels, particular attention is paid to the protection of intellectual property rights as a basis for commercialization and implementation of R&D results, contributing to enhanced food security.

Effective development of bioeconomy is based on the use of biotechnologies, including genetic research. Biotechnologies, in general, and genetic technologies, in particular, are regulated using different models. A number of countries use the so-called “strict” regulatory models, which imply legislative ban or restriction on implementation of certain types of genetic research and their results. In other countries, minimal legislative restrictions are applied, or self-regulation is allowed. In most European countries and some integration associations, the principles of sustainable development form the basis for determining strategic approaches to the advancement of bioeconomy and food security.

Lex Genetica: Methodical Piggy Bank



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ISSN 3034-1639 (Print)
ISSN 3034-1647 (Online)