SPECIFICS OF GENOMIC LEGAL RELATIONS: NEW APPROACHES TO RESEARCH

The study of the specifics of genomic legal relations is carried out within the framework of biojurisprudence as a new branch of legal knowledge, not covered only by medical law. This article is devoted to the analysis of this specificity. A distinctive feature of genomic legal relations is the non-obviousness of their tangible (material) nature for most participants in genomic legal relations, which determines the “turn” of genomic legal relations toward the sphere of influence of ethical norms. Genomic legal relations are interpreted as informational, since their subject is information about the sequence and location of genes in the genome and operations with this sequence. Special knowledge plays a special role in determining the specifics of genomic legal relations, the use of which the author paid special attention to using the example of interpreting extreme necessity and justification of risk. Possible manipulation of such knowledge by a certain circle of participants in the genomic legal relationship leads not only to irresponsibility and impunity, but also to the “breakdown” of stable legal ties in society. The article concludes that a broad interpretation of genomic legal relations is associated with numerous legal means that are not typical for other legal relations. In order to identify the specifics of genomic legal relations, the article uses an analysis of its genetic structure. The author comes to the conclusion that modern Russian law lacks a system of principles and methods of organization in the field of genomic legal relations. In this regard, the author paid special attention to the principles that determine the implementation of genomic legal relations.