Conceptual Approaches to the Legal Regulation of Genomic Researches and Their Use in the Russian Federation

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription or Fee Access


This article concentrates on the problem of legislative regulation of public relations on genomic researches and the use of genomic technologies in the Russian Federation. Genomic technologies generate many ethical, social, and cultural issues for modern Russian society and bear significant risks for human rights and freedoms. Further, it presents threats to the preservation of human nature not only for existing, but also for future, generations of Russian citizens. For the protection of these values, it is necessary to create a regulatory system for genomic researches and genomic technologies in the Russian Federation.

The regulatory system in this sphere should be constructed on three levels: the international, national, and self-regulatory levels. The authors concludes that there are no fundamental contradictions between international legal acts and the Russian legislation on human rights protection in the context of genomic research. These circumstances make it possible to join the Convention for the Protection of Human Rights and Dignity of the Human Being relating to the Application of Biology and Medicine of 1997.

The article analyzes the current system of legislative regulation on of relevant issues in federal legislation and considers its further development. According to the authors, primary main models of the development of legislation in this area in Russia should be considered: the “traditional” model, developed based on a quantitative increase in norms in various branches of law; and the “complex” model, based on a single comprehensive legal act, which sets out the tasks, principles, and general approaches to the regulation of single institutions relating to genomic researches and their use. The article describes the positive and negative consequences of adopting each particular model for the development of genomics in the Russian Federation

Full Text

Restricted Access

About the authors

Elena E. Nikitina

Institute of Legislation and Comparative Law under the Government of the Russian Federation


leading researcher

Russian Federation, Moscow

Andrey E. Pomazansky

Institute of Legislation and Comparative Law under the Government of the Russian Federation

Author for correspondence.

leading researcher

Russian Federation, Moscow


  1. Lapaeva VV. The Concept of improving Russian legislation regulating the development of research in the field of the human genome. Proceedings of the Institute of State and Law of the RAS. 2020;(2):111–134. (In Russ.).
  2. Lanovsky MF. Human identity in the world of modern biotechnologies. Autoref. dis. ... Ph.D. Moscow, 2018. 34 p. (In Russ.).
  3. Przhilenskiy VI. Legal regulation of genomic research in Russia and foreign countries: bioethical and socio-cultural contexts. Courier of Kutafin Moscow State Law University (MSAL). 2019;(4):119–126. (In Russ.).
  4. Yudin SM, Egorova AM, Makarov VV. Analysis of human microbiota. Russian and foreign experience. International Journal of Applied and fundamental research. 2018;(11):175–180. (In Russ.).
  5. Yudin BG. Bioethical documents of the Council of Europe and Russian legislation. Medical Law. 2003;(3):13–15. (In Russ.).
  6. Shinkaretskaya GG, Rednikova TV. The impact of international organizations with regards to human genome studies upon the legislative development of foreign countries. International Law. 2019;(4):27–34. (In Russ.).
  7. Tarasyants EV. Towards accession of Russia to the Convention on Human Rights and Biomedicine. Moscow Journal of International Law. 2011;(2):65–77. (In Russ.).
  8. Blinov AG. The legal environment for conducting genomic research and the prospects for its optimization in Russia. Herald of Omsk University. Series ‘LAW’. 2018;(4):139–144. (In Russ.).
  9. Sartor G. Human Rights and Information Technologies. The Oxford Handbook of Law, Regulation and Technology. Ed. by R Brownsword, E Scotford, K Yeung. New York, 2017. P. 424–450.
  10. Rassolov IM, Chubukova SG, Mikurova IV. Analysis of possible application of personal data, personal secrets, and medical confidentiality to the regulation of relations concerning genetic information. Lex Russica. Vol. 73. 2020;4(161):143–151. (In Russ.).
  11. Suprun YI, Kozlova AM. Practical and theoretical problems of legal regulation of surrogacy. Politics and Society. 2021;(1):1–12. (In Russ.).
  12. Lokshin VN, Kozlova NV, Nigmatova NP. Modern methods of mitochondrial DNA mutations transmission preventing. Russian Journal of Human Reproduction. 2015;21(6):69–76. (In Russ.).
  13. Mashkova KV, Varlen MV, Zenin SS et al. Self-regulation of relations in information-sharing on the progress and results of genetic studies: problems of professional and ethical requirements development. Lex Russica. 2019;(8):56–64. (In Russ.).

Supplementary files

There are no supplementary files to display.

Copyright (c) 2022 Nikitina E.E., Pomazansky A.E.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies