Conceptual principles and patterns of legal regulation of the processes of storage, access and data protection of genome sequencing in foreign countries as the basis for the modernization of Russian legislation

2020 ◽  
Vol 65 (9) ◽  
pp. 580-586
Author(s):  
T. G. Suranova ◽  
G. N. Suvorov ◽  
S. S. Zenin
Keyword(s):  
Genome Sequencing ◽  
Data Protection ◽  
Personal Data ◽  
Well Being ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Research Results ◽  
Genome Wide ◽  
Foreign Countries ◽  
Storage Processes

The relevance of the study of the general principles and patterns of legal regulation of access storage processes and data protection of genome sequencing in foreign countries is determined by the need to develop a general concept of legal regulation of this type of activity in Russia. The purpose of this study is to develop the system-forming principles and patterns of access storage and data protection of genome sequencing in Russia. To achieve this goal, tasks were set and solved to identify and study the general principles and patterns of legal regulation of access storage processes and data protection of genome sequencing in foreign countries. The international documents regulating the features of regulation of access storage processes and data protection of genome-wide sequencing, the doctrinal sources of Great Britain, the USA, France, Israel, and Japan are studied. Methods used: general philosophical, general scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). The general principles for the formation of the concept of legal regulation of genome sequencing in Russia are proposed. It was revealed that the creation of a universal regulatory regulator aimed at protecting the subject of personal data in view of the prevalence of public interests over private ones and the constant expansion of the scope of application of genetic data obtained as a result of genome-wide sequencing is the main problem in developing a legal regulation mechanism in the studied area. For the first time, the authors determine the basic principles for developing the concept of genome-wide sequencing in Russia, including: recognition of human rights and human dignity as the highest value, the necessity of researchers’ responsibility for the well-being of participants in view of the obtained research results, the mandatory informed consent of which should be voluntary, permanent, their right to get acquainted with the results obtained if it concerns their health, access to such information, ensuring the right to non-knowledge of research results and others.

scholarly journals THE MAIN APPROACHES TO THE LEGAL REGULATION OF THE PROCESSES OF STORAGE, ACCESS AND DATA PROTECTION OF GENOME SEQUENCING IN FOREIGN COUNTRIES

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 87-96
Author(s):  
T.G. Suranova ◽  
◽  
S.S. Zenin ◽  
G.N. Suvorov ◽  
◽  
...  
Keyword(s):  
Data Protection ◽  
Legal Regulation ◽  
General Concept ◽  
Practical Implementation ◽  
Optimal Model ◽  
Genome Wide ◽  
Foreign Countries ◽  
Key Points ◽  
Regulatory Impact ◽  
Storage Processes

The development of a general concept of legal regulation of access storage processes and data protection of genome-wide sequencing in Russia should be based on the principles and laws formed not only at the level of international documents, but also the experience of leading countries in this field. In view of the fact that there are no completely identical national legal systems, the absence of universal recipes for the reception of certain legal institutions should be recognized. Analysis of the practical implementation of various approaches and legal techniques used to solve problems in this area will help to avoid mistakes and form key points for creating an optimal model of rational lawmaking, suggest approaches, methods and techniques of regulatory impact that can later be used in domestic legal system

ETHICAL BOUNDARIES OF THE LEGAL REGULATION OF GENOME SEQUENCING IN RUSSIA AND ABROAD

2020 ◽  
Vol 65 (7) ◽  
pp. 458-463
Author(s):  
T. G. Suranova ◽  
G. N. Suvorov ◽  
S. S. Zenin
Keyword(s):  
Genome Sequencing ◽  
Legal Regulation ◽  
Point Of View ◽  
Sequencing Data ◽  
Full Genome Sequencing ◽  
Genome Wide ◽  
Foreign Countries ◽  
Ethical Point ◽  
General Scientific ◽  
First Time

The relevance of the chosen topic is due to the need to resolve ethical problems that arise in the framework of legal regulation of genome-wide sequencing in Russia and foreign countries. The purpose of this research is to form ethical principles that should become a reference point for law - making in this area. In order to achieve this goal, we have solved the tasks of studying the normative legal acts of Russia and a number of foreign countries from an ethical point of view. General scientific, private scientific and special methods of scientific knowledge (system-structural, formal-legal) are used. In order to comply with the ethical boundaries of legal regulation, to store access and protect full-genome sequencing data in Russia and foreign countries, it is proposed to develop a set of restrictions that prevent possible discrimination on genetic grounds, to create the necessary conditions for the inadmissibility of disclosure of personalized data, disclosure of information about a genetic disease to the subject and his relatives, as well as the boundaries of editing the genome of a human embryo. For the first time, the authors substantiate the need to establish clear ethical boundaries in the implementation of genome-wide sequencing in Russia based on foreign experience.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals PRINCIPLES AND PATTERNS OF LEGAL REGULATION OF GENOME-WIDE SEQUENCING IN THE PEOPLE’S REPUBLIC OF CHINA (PRC)

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 81-86
Author(s):  
T.G. Suranova ◽  
◽  
S.S. Zenin ◽  
G.N. Suvorov ◽  
◽  
...  
Keyword(s):  
Genetic Resources ◽  
Genome Sequencing ◽  
Legal Regulation ◽  
Ethical Principles ◽  
Joint Research ◽  
Republic Of China ◽  
Genome Wide ◽  
International Joint ◽  
Fast Pace ◽  
Economic Boom

The global genome sequencing market is developing at a very fast pace, and this is happening most rapidly in China. Amid the economic boom, demand for advanced medical services is extremely high. In view of this, the principles and laws of normative regulation of this activity carried out using both legislative and administrative legal instruments deserve attention. For the domestic legislator, the Chinese experience in regulating the use of genetic resources in conducting international joint research, collecting, storing, using and providing external human genetic resources in China, and ethical principles in conducting biogenetic studies will be extremely useful.

scholarly journals THE IMPLEMENTATION OF THE ADVERSARIAL PRINCIPLE AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES

2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Social ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
General Scientific

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.

scholarly journals On the Legal Consequences of Brexit (on the example of personal data protection)

2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Cooperation Agreement ◽  
National Regulation ◽  
Personal Data Protection ◽  
Legal Consequences

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

scholarly journals Experiencing Personal Data Protection on the Internet and Its Possibilities of Recognition and Enforcement in Ukraine

2021 ◽  
Vol 10 (2) ◽  
pp. 87-100
Author(s):  
Petro Melnyk ◽  
Oleksii Volodymirovich Kostenko ◽  
Hanna Oleksandrivna Blinova ◽  
Iryna Igorivna Shynkarenko
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Developed Countries ◽  
The Internet ◽  
The Rule Of Law ◽  
Personal Data Protection ◽  
Documentary Analysis ◽  
Foreign Countries ◽  
Recognition And Enforcement ◽  
Logical Semantic

The purpose of this article is to find the most successful ways, forms and methods of personal data protection on the Internet among foreign countries for domestic political and legal realities. The following methods were used in the article: dialectical, logical-semantic, comparative-legal, documentary analysis, analytical, information-analytical. Issues related to the adaptation of the successful experience of a number of developed countries in the field of personal data protection on the Internet are brought up for discussion. Some options are covered and specified, which include effective methods and ways to implement an effective mechanism for personal data protection on the Internet in Ukraine. It is emphasized that the protection and proper confidentiality of personal data of individuals is one of the key tasks currently facing modern jurists. It is also added that the nature and specifics of the use and protection of personal data of individuals, including on the Internet, are extremely closely related to the institution of intellectual property. Emphasis is placed on the fact that the level of protection of personal data of individuals in a country is an indicator of the extent to which such a state meets the criteria of freedom, democracy, and the rule of law.

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