SPECIFIC ISSUES OF LEGAL REGULATION OF FORENSIC MOLECULAR GENETIC EXAMINATION AND ACCOUNTING OF HUMAN GENETIC TRAITS

Abstract

The article deals with the specific issues of legal regulation of forensic molecular genetic examination in the modern doctrine of procedural law and the issues of registration and ac-counting of human genetic traits in Ukraine. The opinions of scientists conducted research in the field of applying specialized knowledge in jurisprudence are analyzed. It is emphasized that the Ukrainian doctrine of procedural law should be based on the successful models of the developed countries; use the latest methods of conducting expert activities in the system of obtaining evidence and proof. Today, DNA identification is one of the world's most recog-nized methods of accurate identification. Ukrainian forensic experts apply special knowledge in the field of molecular genetics and use methods of DNA analysis to establish facts of legal significance; they carry out forensic molecular genetic examination of objects of human biolog-ical origin. Legal issues that require state regulation, according to the new needs of law en-forcement, include harmonization of Ukrainian legislation in the field of forensic science to the norms of the European Union; adoption of a special normative act in the form of the law on accounting of human genetic traits in Ukraine; revision of the current legal norms on the col-lection of biological material for examinations; improvement of the mechanisms for the pro-tection of the rights of subjects of molecular genetic examination; creation of the legal mecha-nisms for the formation of national DNA databases; revision of the procedure for the use of results, adaptation of the national accounting standards and maintenance of DNA databases to international ones; improvement of the institutional management system, etc. Proper nor-mative regulation of the institution of molecular genetic examination and registration of hu-man genomic information in the national legal system will increase effectiveness of the accu-mulation, registration of information in an automated database. This will significantly strengthen the judiciary and law enforcement in detecting crimes, searching for missing per-sons, establishing unidentified corpses, identification of victims of war crimes, identification of criminals, etc.