DNA as an Object of Legal Regulation

The authors set out to examine challenges associated with defining conceptual frameworks for regulating genomic medicine. The relevance of the study stems from the rapid development of genomic technologies, which alter the existing understanding of human biology. For the first time in human history, science enables forecasting the results of human intervention in human biology through genetic editing. In addition, there appear models for the use of human DNA for technological purposes, e.g., in computers (thus giving rise to a new field of biocomputing) and as memory storage. Our aim is to identify key gaps in the regulation of genomic technologies; examine the impact of innovations in this area on conventional legal institutions; and outline prospects for improving Russian legislation in this sphere. The inclination of states to maximize the possibility of genetic sequencing among their populations is shown. This creates opportunities for the development of personalized medicine, enabling the prognosis of human health and the shaping of their health-preserving trajectory. At the same time, previously unexpected risks are emerging, such as the “geneticization” of the law and the state, the vulnerability of human rights, and the use of medical data for achieving social goals. International legal instruments in the field of genomic medicine were adopted in the late 20th and early 21st centuries, when humanity did not yet have complete data on the human genome. Despite discussions regarding the need to adopt a universal convention in this area, practical steps toward achieving this goal have not yet been taken. It is noted that neither international nor national instruments define the concepts of DNA and the human genome. It is emphasized that uncertainty in legal regulation is a significant feature of genomic technologies. We also analyze the legal gaps arising from the use of the human genome for technological purposes. Biocomputing and the use of DNA as a memory storage device are cited to illustrate these issues.