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LAW OF THE REPUBLIC OF UZBEKISTAN

of November 24, 2020 No. ZRU-649

About the state genomic registration

Accepted by Legislative house on October 28, 2020

Approved by the Senate on November 20, 2020

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of the state genomic registration.

Article 2. Legislation on the state genomic registration

The legislation on the state genomic registration consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about the state genomic registration then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

biological material - cages, fabrics and the allocations of the person or body (remains) of the died person (corpse) containing genomic information;

biological relatives - persons who are in natural cognation: father, mother, son, daughter, grandfather, grandmother, grandsons, full and not full brothers and sisters, cousins and sisters, uncles, aunts, nephews;

the state genomic registration - the activities performed by state bodies and organizations, connected with selection, use, storage and destruction of biological material, and also processing and protection of genomic information for the purpose of identification of the identity of the person, unknown corpse and (or) establishment of biological relationship;

genomic information - the personal data including the coded information on certain fragments of deoxyribonucleic acid (further - DNA) the person or unknown corpse;

processing of genomic information - the actions directed to collection, accounting, systematization, storage, change, amendment, use, blocking, depersonalization, transfer and destruction of genomic information;

receipt of genomic information - the activities directed to receipt of the coded information on certain fragments of DNA from biological material which is performed by judicial and expert organizations;

use of genomic information - the actions connected with genomic information, directed to identification of the identity of the person, unknown corpse and (or) establishment of biological relationship;

The single database of genomic information - the automated information system containing the data on genomic information and the identity of the person received when carrying out the state genomic registration;

judicial and biological examination of DNA of the person - type of the research of biological material using molecular and genetic methods conducted by judicial and expert organization for the purpose of receipt of genomic information, identification of the identity of the person, unknown corpse and (or) establishment of biological relationship.

Article 4. Basic principles of the state genomic registration

The basic principles of the state genomic registration are observance of human rights and freedoms, legality, humanity, confidentiality.

Article 5. Observance of human rights and freedoms when carrying out the state genomic registration

The state genomic registration is carried out with observance of human rights and freedoms, legitimate interests of citizens and shall not pose hazard to life and health of the person, to degrade his honor and advantage.

Article 6. Respect for the principle of legality when carrying out the state genomic registration

The state genomic registration is performed in case of observance of requirements of the conventional principles and rules of international law, the Constitution of the Republic of Uzbekistan, this Law and other acts of the legislation.

Article 7. Respect for the principle of humanity when carrying out the state genomic registration

Carrying out the state genomic registration shall not pose hazard to life, health of the person, to degrade his honor, advantage and to inflict physical suffering.

Article 8. Respect for the principle of confidentiality when carrying out the state genomic registration

Genomic information, and also the information about the identity of the person undergoing the state genomic registration is confidential.

Disclosure of genomic information, and also the information about the identity of the person when carrying out the state genomic registration, except the cases established by part three of this Article is not allowed without the consent of person or his legal representative.

Provision of genomic information, and also the information about the identity of the person without the consent of person or his legal representative is allowed on requests of the bodies performing investigation verification, inquiry, pretrial investigation, and vessels.

Article 9. The state bodies and organizations performing activities in the field of the state genomic registration

The state bodies and organizations performing activities in the field of the state genomic registration are:

the bodies performing investigation verification, inquiry, pretrial investigation, and court;

judicial and expert organizations of the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of Health of the Republic of Uzbekistan (further - judicial and expert organizations).

Authorized state body in the field of the state genomic registration is the Ministry of Internal Affairs of the Republic of Uzbekistan.

Article 10. The rights and obligations of the bodies performing investigation verification, inquiry, pretrial investigation, and vessels in the field of the state genomic registration

The bodies performing investigation verification, inquiry, pretrial investigation and court within the powers have the right:

perform selection of biological material (it is direct or with involvement of the specialist);

direct biological material to judicial and expert organizations for receipt of genomic information;

receive results of judicial and biological examination of DNA of the person at judicial and expert organizations;

charge to judicial and expert organizations to send genomic information to authorized state body in the field of the state genomic registration for the purpose of identification of the identity of the person, unknown corpse and (or) establishment of biological relationship, and also for entering of genomic information into the Single database of genomic information.

The bodies performing investigation verification, inquiry, pretrial investigation and court in case of selection of biological material during the state genomic registration shall observe the requirements of the Code of penal procedure of the Republic of Uzbekistan established for receipt of samples for expert research, and also the requirement of this Law.

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