The "precautionary" principle in biomedical research and application of biomedical technologies

Автор: Samoilova V.V., Lineva V.S., Maslennikova L.V.

Журнал: Международный журнал гуманитарных и естественных наук @intjournal

Рубрика: Юридические науки

Статья в выпуске: 11-3 (50), 2020 года.

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The scientific novelty of the work lies in the fact that we investigated the principle of "precautionary" when conducting biomedical research. In this paper, we have studied in detail the essence and significance of the "precautionary" principle for creating a regulatory framework in Russia, for resolving controversial issues related to conducting biomedical research on humans. The subject of the study is the current Russian and international legislation in the field of biomedical research. Bioethics, Biomedicine, biomedical research and biomedical technologists. These concepts are United not only by the same prefix "bio" and an obvious connection with medicine. At the heart of their existence and in the context of their impact on humans, the unifying element is the bioethical principle of "do no harm"or the principle of "precaution". In Russian legislation, it is not fixed, but in some regulations for biomedical purposes, we can find mention of precautionary measures that must be observed when conducting various types of research on humans. In the norms of international legislation, the "precautionary" principle is revealed in acts that are indirectly related to the conduct of biomedical research, but they laid the Foundation for the formation of the principle in question in the field of Biomedicine. The importance of the "precautionary" principle is that it is one of the fundamental principles, since conducting various kinds of experiments and research on the human body directly affects the "safety" of not only the body of a particular individual, but also the whole of humanity as a whole. It should be noted that not only the legislator misses this principle, but also legal scientists do not pay attention to it in their research. In the course of the research, dialectical, logical methods of cognition, functional, system approaches, and private scientific methods were used: concrete-sociological, comparative-legal, formal-logical, and other methods. The result is a development of a concept studied the principle formulated its definition, the predicted limits of its use, marked with its specific location in the Russian legislation on health protection of citizens and genetic engineering.

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Bioethics, biomedicine, biomedical research, biomedical technologies, biomedical risks, human reproductive rights, "do no harm" principle, precautionary principle, safety

Короткий адрес: https://sciup.org/170187037

IDR: 170187037   |   DOI: 10.24411/2500-1000-2020-11286

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