Legal Regulation of Neurotechnology: Unregulated or Heavily Controlled?

A comparative legal analysis of judicial practice regarding the application of neurotechnologies reveals issues involved in the legal regulation of such novel technologies. The study considers the balance of current legislation in the Russian Federation to determine the need for creating specialized legal regulations for neurotechnologies at both international and national levels. The fragmentary nature of current Russian legislation, which addresses basic issues associated with the introduction of neurotechnologies used exclusively for medical purposes, does not fully reflect their existing potential. As shown by the comparative analysis of the regulatory acts of the Republic of Chile, France, and the USA, the active development of specialized legal regulation is already taking place in these countries. At the international level, UNESCO, UN, and OECD studies and guidelines are aimed at establishing a system of principles and measures to protect existing human rights while recognizing emerging neuro-rights. However, such sof t law instruments and ethical principles have limited impact on national regulators. Thus, due to the specific nature of their impact on human beings and the significant risks of violating individual rights, special regulation of neurotechnologies is necessary at both international and national levels. Such legislative innovations will contribute to establishing a fair balance between technological progress and human rights.