The principles of correlation between self-regulation and state legal regulation of the relations related to genetic research have been discussed in this article. Today the development of genetics and applied genomic medicine has a direct effect on legal relations on protecting the rights and legal interests of an individual. The main goal of the study is to research regulatory legal acts, judicial practice, and doctrinal sources aimed at determining the optimal correlation of the beginnings of self-regulation and state legal regulation of relations related to genetic research. When writing the article, the methods of collecting and studying singularities, the generalization methods, the scientific abstraction methods, as well as the method of inquiry into regularities have been used. This study is characterized by using the experience of foreign self-regulatory organizations and professional associations involved in genetics. In their study, for the first time, the authors have substantiated the conclusion that the model of the optimal correlation of state regulation and self-regulation of legal relations related to genetic research is based on the following principles: 1) informed consent for genetic research and protection of the confidentiality of the obtained information, 2) participation of self-regulating associations of medical geneticists in developing national standards for the quality of medical services in genetic research, as well as the requirements for medical organizations and medical employees who provide them, and 3) legalization of the legal status of a person providing counseling services in genetic research and in associated areas related to defining a strategy for the treatment of genetically determined diseases and the use of assisted reproductive technologies (genetic counselors). In the article it has also been stated that it is necessary to define the legal mode of protecting the information obtained during the genetic research depending on classifying such research as a certain specific category – diagnostic, pre-symptom or prognostic (carried out to assess the vulnerability of an individual to a specific disease). Third parties can only access the results of diagnostic genetic research.
Sporting achievements are traditionally assessed in terms of the gender and age categories, based on the ideas of the fundamental differences in skeletal, physiological and hormonal characteristics of a person of certain sex and age. Modern ideas about the genetics of sex, medical advances that allow changing gender, along with active lobbying of interests of people who do not meet the binary gender norm or identify themselves with the opposite sex compared to the one of which they were born, require increased attention to the problem of gender identification in high-performance sports. In this context, there are a number of issues that require the implementation of an integrated approach by medical professionals, sports officials, and lawyers. The main one is related to the feasibility of genetic testing of athletes, which is questioned due to the lack of a statistically significant cause-and-effect relationship between abnormalities in sexual development and achieved sports results. This simultaneously raises the issue of the effect of identifying such deviations on admission to competitions, depending on sport activity, the “direction” of mutation (from man to woman or from woman to man), and the possibility of resolving the situation in a medical way. When writing the article, methods of collecting and studying isolated facts; generalization methods; scientific abstraction methods; methods of learning patterns have been used. Upon the results of the study, it is concluded that mass genetic testing is not appropriate for gender verification and that there is a need for an integrated approach to the assessment of an athlete’s sex, which cannot be limited by his/her chromosomal characteristics, which follows from the practice of international sports organizations and existing medical approaches to solving this problem.
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