The article analyzes modern scientific achievements in the field of genetic research, considers methods of genetic engineering as an integral part of modern biomedicine, and the issues of human cloning. We examine the differences between reproductive cloning and therapeutic cloning, emphasizing the importance of the latter for improving human life, fighting various diseases, and so on. However, along with ethical problems, there are also problems in the world of legal regulation of genetic research and manipulation of human genes. We touch upon the problems of legal regulation of genome research and human cloning in foreign countries and in the Russian Federation, and, above all, the problems of criminal law regulation of genetic engineering. Based on a comparative analysis of international legal acts, national legislation of a number of countries and regulatory legal acts of the Russian Federation, we conclude that there is insufficient legal regulation of issues related to genetic research in Russia, and, supporting the opinion of a number of scientists, we propose to introduce a number of norms in the Criminal Code of the Russian Federation on criminal liability for socially dangerous behavior in the field of modern methods of biotechnology, genetic engineering, and human cloning.
Keywords: gene; genetic research; genetic engineering; methods of genetic engineering; DNA; human cloning; criminal law regulation
Candidate of Sciences (Law), Associate Professor, associate professor of the Department of Criminal Law and Criminology, Northwestern Institute (Branch) of Kutafin Moscow State Law University (MSAL), Vologda, Russian Federation.
, e-mail email@example.com
Candidate of Sciences (Law), Associate Professor,head of the Department of Criminal Procedure, Criminalistics and Intelligence-Gathering Activities at the Legal Facultyof Vologda Institute of Law and Economics of FSIN Russia, Vologda, Russian Federation.
, e-mail firstname.lastname@example.org
Candidate of Sciences (Law), head of higher academic courses, Academy of FSIN Russia, Ryazan, Russian Federation.
, e-mail email@example.com
1. Blinov A.G. Several ways of criminal lawful act against human cloning. Obshchestvo i pravo = Society and Law, 2014,
no. 1 (47), pp. 82–86.(In Russ.).
2. Genetic engineering. Website of the Russian Transhumanist Movement. Available at: http://transhumanism-russia.ru/
content/view/38/135/ (accessed October 12, 2020). (In Russ.).
3. Genetic engineering or Delete the brain: which is more dangerous? Grazhdanskie sily.ru: setevoeizdanie = Civil
Forces.ru: Online Edition. Available at: http://gr-sily.ru/nauka/gennaya-inzheneriya-ili-delete-golovnogo-mozga-chtoopasnee-25770.html (accessed October 12, 2020). (In Russ.).
4. Guryleva M.E.,KhamitovaG.M. Human cloning ethical and legal issues. Kazanskii meditsinskii zhurnal = Kazan Medical
Journal, 2019, vol. 100, no. 6, pp. 992–1000. DOI: 10.17816/KMJ2019-992.(In Russ.).
5. Kapinus O.S., Dodonov V.N. Responsibility for human cloning in modern criminal law. In: Sovremennoe ugolovnoe
pravo v Rossii i zarubezhom: nekotorye problemy otvetstvennosti: sbornik statei [Modern criminal law in Russia and abroad:
some problems of responsibility: a collection of papers]. Moscow: Bukvoed, 2008. Pp. 147–159. (In Russ.).
6. Krylova N.E. Ugolovnoe pravo i bioetika (ugolovno-pravovye problemy primeneniy asovremennykh biomeditsinskikh
tekhnologii): avtoreferat dissertatsii na soiskanie uchenoi stepeni doktora yuridicheskikh nauk [Criminal law and bioethics (criminal law problems of application of modern biomedical technologies): Doctor of Sciences (Law) dissertation abstract].
Moscow, 2006.56 p.
7. Panchin A. Defeating God. Populyarnaya mekhanika = Popular Mechanics, 2017, no. 3, pp. 32–35. Available at: http://
www.popmech.ru/magazine/2017/173-issue (accessed October 12, 2020). (In Russ.).
8. Shilyuk T.O. The main activities of the federal executive authorities in the field of genetic engineering. Vestnik
Universiteta imeni O. E. Kutafina (MGYuA) = Courier of Kutafin Moscow State Law University (MSAL), 2019, no. 6 (58),
pp. 145–150.(In Russ.).