Compulsory state genome registration: russian and international experience
Palavras-chave:
Access and protection, Compulsory state genome registration, DNA fingerprinting, Human rights and civil freedoms, Personal data storageResumo
Background: Some of the European states, Great Britain, the United States and the Russian Federation have consolidated the compulsory genome registration of citizens who committed serious crimes and violent acts against sexual integrity and sexual freedom. This stipulates the need to develop a model for limiting human rights and civil freedoms due to the transfer of genetic information to state data banks. Objective: The objective of the study was to determine the problems of implementation of compulsory state genome registration in Russia from the point of view of the category of human and civil rights. Methods: The authors used the following methods: general philosophical, general and special scientific methods (structural-legal, comparative-legal and formal-legal). Results: The authors propose the general principles of limiting human rights and civil freedoms related to the transfer of genetic information to criminals, as well as citizens suspected of committing crimes. Conclusion: The article shows the need for the legal consolidation of an additional set of conditions that determine aggravating or mitigating circumstances for deciding on the guilt of a suspect in a crime. At the level of criminal, procedural and executive legislation, it is necessary to develop rules for the rehabilitation of those accused of committing crimes in case their guilt is not proven.