LEGAL CHALLENGES TO MANDATORY DNA REGISTRATION OF CONVICTED PERSONS IN RUSSIA
Olkhovik N.V.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), Professor of the department of execution of non-custodial sentences and legal support of activity of criminally-executive system, candidate of law, associate Professor
Annotation:
The article analyzes some legal problems of mandatory genomic registration of convicts in Russia. The authors formulate proposals for improving Federal law No. 242-FZ “on state genomic registration in the Russian Federation” and government Decree No. 828 of October 11, 2011 “on approving the Regulations on the procedure for mandatory state genomic registration of persons convicted and serving a sentence of imprisonment”. It is proposed to define at the legislative level: the principles and terms of storage of biological material, as well as the possibility of independent verification of the grounds for storing biological material and genomic information; to specify the purpose of using genomic information; the requirement for automatic removal of biological material and genomic information of persons against whom a conviction has been canceled and an acquittal has been ordered or the case has been terminated on rehabilitative grounds; the decree of the Government of the Russian Federation provides for the type of biological material and the procedure for its removal from convicts.
Keywords:
genome; genomic registration; convicts; punishment; criminal record.
