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Anisimov A.P., Popova O.V. The Legal Regime of the Technologies and Products Obtained Using GMOs: Discussion Questions

DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.27

Alexey P. Anisimov, Doctor of Sciences (Jurisprudence), Professor, Department of Civil and Private International Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-3988-2066

Olga V. Popova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Business Law, Immanuel Kant Baltic Federal University, Nevskogo St, 14, 236016 Kaliningrad, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-6784-1101


Introduction: the paper examines the problems associated with the definition of the legal regime of the technologies and products obtained using GMOs. The experts in the field of genetics have not yet come to an unambiguous conclusion about the degree of harm or benefit of products obtained using genetic modifications. Russia has strict restrictive measures for the production of genetically modified products. Consequently, there is virtually no market for genetically modified seeds produced in Russia. Nevertheless, the world is actively developing industries for the production of genetically modified agricultural products, and the market for the production of seeds is “captured” by a small number of foreign companies. On the other hand, climate change dictates the inevitability of using genetically modified products, the need to accelerate genetic research, and the production of GMO seeds and food. In this context, the authors set a goal to find a compromise (balanced) legal regulation of the legal regime of the technologies and products obtained using GMOs. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the formal-legal method and the method of comparative legal analysis are the leading positions. Results: the authors propose to consider the bans or support for GMO products in the context of trends in global climate change and ensuring food security. The authors have made a comparative analysis of the provisions of the international norms and the Russian legislation on the research and application of GMO technologies and products, which helped to identify an unbalanced legal regulation of the use of the GMO technologies in Russia, which reduces its competitiveness in this area on the world market. Conclusions: the Russian legislation needs to minimize this legal imbalance, which puts researchers in the field of plant genetics and producers of GMO seeds and food in unequal (worse) conditions. The legal regulation should ensure the coexistence of organic (environmentally friendly) agriculture, traditional agriculture, and the use of the GMO technologies; the introduction of special labeling of GMO products; the broadening of the powers of regional authorities in the use of GMO technologies; as well as the application of the principle of “traceability” to GMO products.

Key words: GMOs, genetically modified products, gene technologies, climate change, food security, social justice.

Citation. Anisimov A.P., Popova O.V. The Legal Regime of the Technologies and Products Obtained Using GMOs: Discussion Questions. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 4, pp. 195-204. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.27

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