The Right to Biological Safety: The Formation of the Concept and Prospects of Legislative Regulation

Biological risks caused by the development of biotechnologies, economic and other human activities, the functioning of potentially dangerous biological objects and biological factors are the reason for the actualization of the right to biological safety. The article examines the concept and content of the right to biological safety, assesses the state and determines the prospects for improving its legislative regulation. The article substantiates the position that the right to biological safety has a hybrid character, since it refers simultaneously to personal, social and biological rights. Belonging to a group of biological rights determines its place in the system of rights of the fourth generation. As the result of the study, the authors conclude that the right to biological safety is complex not only in its structure, but also in terms of its existing relationships with other security facilities. Biological safety as the object of the studied law is considered in three key aspects (personal, anatomical and physiological). The components of the right to biological safety are disclosed on the following grounds: by the subject – bearer of this right, by its object and by the criterion of correlation with the rights of socio-biological significance. The assessment of the state and prospects of legislative regulation of the right to biological safety in the Russian Federation is given. The examples of the adoption of special biosafety laws in other states are shown. The difference in approaches to the legal regulation of the right to biosafety is revealed. In conclusion, the author's definition of the right to biological safety is given, as well as the importance and features of its formal legal certainty in the current legislation are substantiated.

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