LEGAL REGULATION OF GENETIC RESEARCHES IN THE RUSSIAN LEGISLATION IN THE CONTEXT OF THE PROBLEM OF GENDER VERIFICATION IN SPORT

Abstract

Modern achievements of geneticists, which have made it possible to map the genes of inherited diseases, have set the legislator a rather difficult task to determine the grounds and limits of the use of relevant information in various spheres of public life, including insurance. At the same time, in some countries, the emphasis is on legislative regulation, which in the case of a Federal structure of the state can be carried out at different levels (USA, Canada), in others, more importance is attached to self-regulation (great Britain, Australia). The range of issues covered by the regulation is very diverse in both cases and may include: assessment of the possibility of referral for genetic research, which is usually excluded, access to existing results of genetic research, which may be restricted by a ban on their use; the right to collect genetic information without conducting genetic testing, which is recognized by the actual practice of analyzing family history; determining the conditions and limits for the use of genetic information, which are usually associated with obtaining the consent of the policyholder, ensuring the confidentiality of personal data and only for the purposes for which it was collected; establishing a correlation between the exercise of the right to access genetic data and the amount of insurance coverage, which may decrease if favorable data is obtained that contradicts the conclusions made on the basis of family history