Биополитика и формирование правового механизма регулирования отношений в сфере генной терапии и процедуры редактирования генома человека: социально-этические и теоретико-правовые проблемы

Abstract

The article examines the socio-ethical and legal vectors of the formation of legal regulation tools arising in connection with the use of gene therapy drugs and the procedure of experimental editing of the human genome. One of the most important factors in the development of the legal mechanism of regulation in the field of genetic technologies is associated not only with the need to protect the constitutional human rights to life, health, safety, privacy, personal and family secrets, but also with the presence of potential threats to society as a whole. Much attention is paid in the article to the relationship between the content of socio-ethical problems and the structure of the legal paradigm in the field of biopolitics, which is gradually forming in the Russian Federation, the USA and European countries. The explication of such a relationship, the definition of vectors for the development of this paradigm requires consideration of both the method of genetic modification of DNA and the means of gene therapy, as well as social and ethical problems arising after the use of gene technologies. The effect of CRISPR technology is based on the use of genetic mechanisms, its application can lead to irreversible consequences, the extinction of species of flora and fauna. The peculiarities of the formation of a legal mechanism for regulating relations in the field of genetic technologies are due to the fact that these problems are not realized. The formation of legal relations arises from already established social relations. Due to the specifics of the object of regulation of legal relations, a procedure of expert and public discussion is necessary. However, it is difficult in the context of the existing economic model, the activities of commercial organizations and lobbying for their interests.