Features of legal support of genomic research in sports: foreign experience

Фотографии: 

ˑ: 

Dr. of Law, Associate Professor O.A. Shevchenko1
PhD, Associate Professor A.I. Redkina1
PhD D.I. Vorontsov1
1Kutafin Moscow State Law University, Moscow

Objective of the study was to identify foreign legal approaches to regulation of use of human genetics in the field of sports.
Methods and structure of the study. This article is devoted to the study of experience of several foreign countries in the field of legal support for genomic studies and the use of their findings in the field of sports. We analyzed the key legal problems in this area using the experience of the Australian Union and the People's Republic of China. These countries were selected for analysis as representatives of various approaches to the regulation of the issues under study.
Results of the study and conclusions. Different approaches enable to take a different look at the emerging prospects for the development of legal regulation of these technologies and research in the field of sports. Subsequently, such differences can become a significant problem for world sports - in case some countries oppose the use of such technologies, while others actively support them and use their results, sports competitions cannot be held on an equal footing. Based on the findings, we can conclude that there is a lack of fully formed models of comprehensive legal support for genomic studies and the use of their results in the field of sports, which does not allow us to unequivocally state the prospects for their use.

Keywords: sports, sports law, doping, gene doping, sports, elite sports, genetics, DNA.

References

  1. Australian Sports Commission Act № 12 of 1989 // <https://www.legislation.gov.au/Details/C2016C01020>.
  2. Vlahovich N., Fricker P.A., Brown M.A., Hughes D. Ethics of genetic testing and research in sport: a position statement from the Australian Institute of Sport // British Journal of Sports Medicine. – 2017. – Vol. 51. – P. 5–11. – P. 5. <https://bjsm.bmj.com/content/51/1/5>
  3. National Health Genomics Policy Framework 2018–2021 Implementation Plan / COAG Health Council // <http://www.coaghealthcouncil.gov.au/Portals/0/Genomics%20Policy%20Framew....
  4. “科技冬奥”重点专项 2018 年度定向项目申报指南 // <http://service.most.gov.cn/u/cms/static/201804/11180249srid.pdf>