The Law «On the General Principles of Bioethics and Evidence-Based Medicine in the Field of Science, Health Care and Human Welfare»: prerequisites of adoption, structure, functions

The modern development of biological science, medicine and law, accompanied by an interdisciplinary mutual «intrusion» of these sciences into the sphere of technological manipulations with the human genome, has led to the need for adequate legal regulation for these processes. The article proposes to adopt the federal law of the Russian Federation «On the General Principles of Bioethics and Evidence-Based Medicine in the Field of Science, Health Care and Human Welfare». The emergence of this law is dictated by the fact that, according to statistics, from 3 to 5 million people in the Russian Federation can be potential participants in genomic legal relations. Under these conditions, the need for the proposed law is fully felt by society, and the «silence of the legislator» can lead to negative consequences in the field of manipulations with the human genome. The article provides a possible structure of the bill, analyzes its main functions. Purpose: to substantiate the need for the adoption of the law of the Russian Federation «On the General Principles of Bioethics and Evidence-Based Medicine in the Field of Science, Health Care and Human Welfare», to present a possible structure of the draft regulatory act, breaking down the text of the bill into chapters and articles. Methods: method of formal legal analysis, methods of theoretical legal description and interpretation; method of interpretation of legal norms, sociological method. Results: the study makes it possible to propose the draft law of the Russian Federation «On the General Principles of Bioethics and Evidence-Based Medicine in the Field of Science, Health Care and Human Welfare», to identify its complex nature, to reveal its main content and functions, to which the author attributes the regulatory, protective and educative functions, in the aggregate, able to effectively regulate the legal relationship regarding the human genome.