完善犯罪预防背景下基因组登记的法律规制

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY

Russian Journal of Criminology Pub Date : 2022-03-11 DOI:10.17150/2500-4255.2022.16(1).101-110

O. Gribunov

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引用次数: 1

摘要

预防犯罪、侦查犯罪、提高犯罪质量和及时调查犯罪，一直是执法机关工作的重点。侦查犯罪和对犯罪行为人的刑事起诉是打击犯罪的有效手段之一。与此同时，执法机关并不总是及时和全面地进行犯罪调查。本文从法律基础、物质技术保障、人员配置三要素入手，提出了完善基因组登记法律规制机制和完善侦查技术保障体系，提高侦查质量的框架措施。利用dna分析和基因分型技术是提高破案率和预防犯罪的有效方法之一。为了提高这一专业知识的质量，作者对2008年12月3日颁布的《俄罗斯联邦国家基因组注册法》第242号-ФЗ提出了具体的修改建议，该法律规定了更广泛的基因组注册义务。简要分析了学者和实际工作者关于为公民引进DNA护照的倡议，并审查了这一领域的国际经验。作者还研究了2018年11月28日第680号俄罗斯联邦总统令“关于在俄罗斯联邦发展基因组技术”(以及“关于实施2019-2027年遗传技术发展联邦研究和技术计划委员会的规定”)，3月11日“关于确保2025年及以后俄罗斯联邦化学和生物安全的国家政策基础”。2019年4月22日№479俄罗斯联邦政府法令批准的2019 - 2027年遗传技术发展联邦研究和技术计划中实施的2019№97。笔者认为，作为预防犯罪的一个因素，应该对某些类别的公民实行强制性基因组登记。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Improving the Legal Regulation of Genomic Registration in the Context of Crime Prevention

Prevention of crimes, as well as their detection, their quality and timely investigation have always been a priority for the work of law enforcement bodies. One of the effective methods of counteracting crimes is crime detection and the criminal prosecution of perpetrators. At the same time, the law enforcement bodies do not always carry out crime investigation in a timely and comprehensive manner. The author presents framework measures of raising the quality of crime investigation through the improvement of, firstly, the mechanism of the legal regulation of genomic registration and, secondly, the forensic technical support of the detection, investigation and prevention of crimes in the context of three elements — legal basis, material and technical support, staffing. One of the effective methods of improving the clearance rate and prevention of crimes is the use of DNA-analysis and genotyposcopic expertise. In order to improve the quality of this expertise, the author has developed specific suggestions on amendments to the Federal Law «On State Genomic Registration in the Russian Federation» of December 3, 2008 № 242-ФЗ on a wider scope of persons for whom genomic registration is obligatory. The initiatives of scholars and practical workers regarding the introduction of DNA passports for citizens are briefly analyzed, and the international experience in this sphere is examined. The author also studied the Decrees of the President of the Russian Federation «On Developing Genomic Technologies in the Russian Federation» (together with the «Provision on the Council for the Implementation the Federal Research and Technical Program on the Development of Genetic Technologies in 2019–2027») of November 28, 2018 № 680, «On the Basics of the State Policy of the Russian Federation in Ensuring the Chemical and Biological Security until 2025 and Further Years» of March 11, 2019 № 97, which were implemented in the Federal Research and Technical Program of Developing Genetic Technologies in 2019–2027, approved by the Decree of the Government of the Russian Federation of April 22, 2019 № 479. The author shares the opinion that obligatory genomic registration should be introduced for some categories of citizens as a factor of crime prevention.

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来源期刊

Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-

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期刊介绍： Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.