The study is devoted to exploring of the right to life and characteristics of its ensuring in terms of development of modern biotechnologies.
The legal principles of ensuring the constitutional right to life under the conditions of use of modern biotechnologies and of their products were comprehensively developed. The holistic view of the right to life in the current context is formulated in the study and the advisability of the broad understanding of this right is substantiated. It is proposed the definition of "constitutional right to life" in the broadest sense as a complex of human possibilities concerning the existence and satisfaction of human needs, objectively determined by the level of development of a society, guaranteeing and implementation of which ensure the human beings’ freedom and respect for human dignity. On the basis of the study the scientific approaches to understanding the place of the right to life in the system of human rights have been improved. There have also been enhanced the scientific provisions on necessity of legal regulation of social relations in the sphere of application of modern biotechnologies while recognizing the value of a human and his life, respecting human dignity and according with the precautionary principle. It is stressed that the content of the right to life is transforming, first of all, caused by the emergence of threats to genetic safety and integrity of human being, the guaranteeing of which’s, as a result of the biotechnological revolution and modern biotechnologies development, has become an important part of ensuring the right to life.
Significant attention in the dissertation is paid to the issue of conducting scientific experiments using human genetic material and embryos. It is concluded that the development of modern biotechnologies has resulted not only in the increase of opportunities for improving the quality of human life, but also caused new problems, first of all related to the risks to human life and health. It is stressed that modern biotechnologies are not only a means for realization of lawful purposes, for example, the treatment of hereditary and other diseases, but they can also be used for illegal purposes. The development of modern biotechnologies has led to the growth of opportunities and means of bioterrorism, opened up opportunities for creation, in particular to order, “designer babies”, human clones, living organisms obtained as a result of the combination of human and animal genetic materials, etc. It is concluded that the absolute necessity in the existing realities is to establish a universal imperative international legal prohibition on genetic modifications of human genome.
The areas for improvement of the national legal mechanism for ensuring the right to life in the context of modern biotechnologies development are identified in the study and concrete proposals for such improvement are formulated. Thus, the necessity of strengthening the guarantees of human genetic safety is proved, in particular, it is proposed to supplement Article 28 of the Constitution of Ukraine with the fourth part, to read as follows: “It is not allowed to carry out experiments aimed at altering human genome, if such actions are carried out for purposes not related to the treatment or prevention of serious diseases, or they aim to introduce any modification in the genome of descendants, as well as it is not allowed to carry out experiments aimed at the combination of human genetic material with the genetic material of other living organisms”. It is stressed the necessity of ratification by the Verkhovna Rada of Ukraine of a number of international acts as well as of the supplementing the criminal legislation of Ukraine with new provisions for the criminalization of socially dangerous acts related to the use of biotechnologies.
