Особенности регулирования обращения биотехнологий двойного назначения по международному и национальному праву

Вестник Российского университета дружбы народов. Серия: Юридические науки. 2023. Т. 27. № 3. С. 541–563.

Абашидзе А. Х., Маличенко В. С.

COVID-19 pandemic has demonstrated the vulnerability of each country, regardless
of the economic well-being and health system development, highlighting the need for further rethinking
of the global security and human security concepts. The need to sustain the spread of infectious diseases,
as well as the treatment of life-threatening diseases, determine the relevance of scientific research on all
key aspects related to the development of technologies, both by states and non-state actors. In view of the
efforts made over the past decades, significant advances have been made in the field of biotechnology,
which allows to detect the vulnerability of viruses, as well as to influence the genes responsible for the
development of diseases. Such trends not only contribute to ensuring the human right to health and the
right to enjoy the benefits of scientific progress, but also bring humanity closer to executing Sustainable
Development Goals. The reverse side of the scientific research increase is the expansion of the availability
of scientific data, as well as the simplification of the reproduction of various technological solutions,
which leads to the risk of their use for military and terrorist purposes. The development of technologies,
the use of which can not only counteract life-threatening diseases, but also create new threats to human
security, has influenced the formation of the term “dual-use technologies” in the scientific literature and documents of international organizations. The article presents a systematic analysis of biotechnologies
impact on the formation of “human security” concept, as well as the definition of “biological security”
concept. The authors consistently consider international treaties, as well as documents of international
intergovernmental organizations and non-governmental organizations in the field of regulating the
circulation of technologies that pose a threat to state security. Special attention is paid to the consideration
of the features of control over the spread of biological agents in the context of the activities of the
European Union, as well as ensuring the implementation of the national security strategy of the Russian
Federation.

Keywords: Международная и национальная безопасность, технологии двойного назначения, технологии здравоохранения, биологическая безопасность, геномное редактирование