of December 3, 2008 No. 242-FZ
About the state genomic registration in the Russian Federation
Accepted by the State Duma on November 19, 2008
Approved by the Federation Council on November 26, 2008
In this Federal Law the following basic concepts are applied:
1) the state genomic registration - the activities performed by the state bodies and organizations specified in this Federal Law on obtaining, accounting, storage, use, transfer and destruction of biological material and processing of genomic information;
2) biological material - the tissues containing genomic information and allocations of the person or body (remains) of the died person;
3) genomic information - the biometric personal data including the coded information on certain fragments of deoxyribonucleic acid of physical person or unknown corpse;
4) processing of genomic information - action (transaction) with genomic information, including obtaining (collection), systematization, accumulating, storage, refining (updating, change), use, distribution (including transfer) and destruction of genomic information;
5) the federal database of genomic information - the federal automated information system on processing of genomic information which operator is the federal executive body authorized by this Federal Law;
6) unknown corpse - body (remains) of the died person which personality at the time of detection of body (remains) is not identified;
7) close relatives of person, the missing person, - persons which are in biological relationship with person, the missing person (parents, children, full brothers and (or) sisters).
In the Russian Federation the state genomic registration is carried out for the purpose of identification of the identity of the person.
1. The state genomic registration is carried out with observance of the conventional rights and freedoms of man and citizen according to the principles of legality, humanity, confidentiality, combination of voluntariness and obligation.
2. Carrying out the state genomic registration shall not pose hazard to life and health of the person, to degrade his honor and advantage.
The legal basis of the state genomic registration are the Constitution of the Russian Federation, the conventional principles and rules of international law, the international agreements of the Russian Federation, the legislation of the Russian Federation on information, information technologies and on information security, the legislation of the Russian Federation in the field of personal data, this Federal Law, other Federal Laws adopted according to them regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of federal executive bodies.
In the Russian Federation the state genomic registration of citizens of the Russian Federation, and also the foreign citizens and persons without citizenship who are living or temporarily staying in the territory of the Russian Federation is carried out.
According to this Federal Law in the Russian Federation voluntary state genomic registration and obligatory state genomic registration are carried out.
1. Are subject to obligatory state genomic registration:
1) the persons condemned and serving custodial sanction for making of crimes;
2) unidentified persons whose biological material is withdrawn in course of production of investigative actions;
3) the persons suspected of making of crimes, accused of making of crimes;
5) close relatives of person, missing person.
2. Unknown corpses are subject to obligatory state genomic registration.
1. Voluntary state genomic registration is carried out by divisions of law-enforcement bodies of the Russian Federation within which competence the specified type of activity is.
2. Voluntary state genomic registration of citizens of the Russian Federation, and also the foreign citizens and persons without citizenship who are living or temporarily staying in the territory of the Russian Federation is carried out based on their written application and on paid basis.
3. The payment for carrying out voluntary state genomic registration is levied according to the procedure and the sizes which are established by the Government of the Russian Federation, and is subject to transfer in the income of the federal budget in full.
4. Voluntary state genomic registration of minors is carried out based on the written application of their parents (adoptive parents) or guardians, custodians. Receipt of biological material is performed in the presence of parents (adoptive parents) or guardians, custodians of minors.
5. Voluntary state genomic registration of the citizens of the Russian Federation recognized in the procedure established by the legislation of the Russian Federation incapacitated or limited by court in capacity to act is carried out based on the written application of their guardians, custodians. Receipt of biological material is performed in the presence of guardians, custodians of the specified citizens.
6. The procedure for carrying out voluntary state genomic registration is determined by the Government of the Russian Federation.
1. Obligatory state genomic registration:
1) persons specified in Item 1 of part 1 of article 7 of this Federal Law are carried out by the organizations performing criminal penalties in the form of imprisonment together with divisions of law-enforcement bodies of the Russian Federation within which competence the specified type of activity is;
2) persons specified in Items 2 and 3 of part 1 of article 7 of this Federal Law are carried out by bodies of pretrial investigation, bodies of inquiry together with divisions of law-enforcement bodies of the Russian Federation and (or) the Investigative Committee of the Russian Federation within which competence the specified type of activity is;
2. 2) persons specified in Item 5 of part 1 of article 7 of this Federal Law are carried out by bodies of pretrial investigation, bodies of inquiry together with divisions of law-enforcement bodies of the Russian Federation within which competence the specified type of activity is;
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