ISSUES OF THE LEGAL STATUS AND MECHANISMS OF PROTECTION OF GENOMIC INFORMATION IN THE CONTEXT OF THE LAW OF THE RUSSIAN FEDERATION AND INTERNATIONAL STANDARDS

The present study is a comprehensive analysis of the legal status and mechanisms of protection of genomic information in the context of Russian law and international standards. The article analyzes the state of legislative regulation in this area, on the basis of which systemic problems and contradictions are identified. Special attention is paid to the study of the specifics of genomic data as an object of legal regulation with special properties, including the ability to disclose information not only about the subject himself, but also about his biological relatives, as well as issues of terminological uncertainty, which determines the need to form a special legal regime for genomic information. An important place in the work is held by the analysis of criminal law aspects of the protection of genomic information: the effectiveness of existing offences in the Criminal Code of the Russian Federation in relation to the protection of genomic data is considered, the provisions of the European Union Regulation 2016/679 (GDPR) classifying genetic data as a specially protected category of personal data are examined, as well as the experience of foreign countries where criminal legislation provides for special types of crimes for illegal actions with genetic information. The author argues the insufficiency of existing means of criminal legal protection, in particular Article 137 of the Criminal Code of the Russian Federation, for the effective protection of genomic information. A separate section of the study is devoted to the problem of discrimination based on genetic characteristics as one of the key risks of misuse of genomic information. Using the example of foreign practice, potential forms of genetic discrimination in the field of labor and insurance are analyzed. Based on the comparative legal analysis of international standards and foreign experience, specific proposals for improving Russian legislation are formulated.

genomic information, genomic data, genetic information, DNA, personal data, human rights, heredity, criminal law protection, privacy, discrimination, object of criminal law protection

Kagulyan E. A. Issues of the legal status and mechanisms of protection of genomic information in the context of the law of the Russian Federation and international standards. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;4(73):258—264. DOI: 10.25683/VOLBI.2025.73.1481.