Legal Regulation and Protection of the Turnover of Genetically-Modified-Organism Containing Products in the Russian Federation

Introduction. Advanced biotechnologies for creating genetically modified organisms (GMOs) are actively used in global agriculture, because genetically modified plants and animals have increased productivity and resistance to pathogens, insect pests and pesticides compared to the natural organisms. Due to these properties of GMOs, the prime cost of agricultural production is reduced, the need for fertilizers and other chemicals in agriculture is diminished, food security is ensured, etc. That is why one of the priorities of the state policy of the Russian Federation is regulation of the GMOcontaining product turnover and protection of the procedure established for this activity from possible violations. Unfortunately, up till now, no efficient system for counteracting the illegitimate turnover of genetically modified products, which would include both administrative and criminal law measures, has been developed. The aim of the present research is to identify the difficulties arising in the frame of counteracting the violations of the Russian Federation legislation in the field of genetic engineering, and to develop proposals to resolve these problems.
Materials and Methods. The research was conducted using the general and specific scientific methods: analysis and synthesis; induction and deduction; Aristotelian method; systemic, comparative-legal, statistical methods; as well as methods of material content analysis, sociological survey, expert assessment.
Results. The main trends in the current state policy of the Russian Federation on regulation of the procedure of creation, acquisition, sale, use of genetically modified and genetically engineered products (organisms) have been identified. The state-of-the-art of law enforcement practices in the field of combating the illegitimate turnover of transgenic organisms has been analysed. Recommendations on improving the administrative and legal respond to offenses have been formulated, and proposals on filling in the gaps in the criminal law with regard to counteracting illegitimate turnover of GMOs have been outlined.
Discussion and Conclusion. The pivotal findings of the research refer to the need to establish the forensic significance of breaching the recognized procedure of creation and turnover of genetically modified and genetically engineered products (organisms). To ensure safe turnover of these products in a more efficient way, it is proposed to supplement the Criminal Code of the Russian Federation with the provision stipulating liability for the repeated violation of the legislation in the field of genetic engineering or for the violation resulted in the harm to human health, mass death of animals, or other serious consequences. Proposals and recommendations are aimed at comprehensive protection of the legitimate turnover of GMOs by measures stipulated in the administrative and criminal law.

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