Balance of Private and Public Interests in the Field of Human Genome Research

Abstract

To select the optimal legal regime for human genome research, it is necessary to find a balance
of private and public interests. The content of the concept «balance of interests» is analyzed.
The author finds out that this concept has two meanings: it can be considered as an ideal (equality,
optimal combination, or proportionality of interests), and as the real balance of interests of participants in social relations, a relationship which has been developed as a result of comparison or opposition of different interests and which ensures stability of social relations.

Specific examples show how the interests of participants in public relations in the field of human genome research correlate. The balance of private and public interests here is practically unattainable through establishing their equality and proportionality. It is achieved through the predominance of public interest in ensuring security as the highest value. The state, expressing public interests, subordinates the interests of an individual or organization to public interests (without replacing one with the other).

The balance of private and public interests will change as soon as research activities in the field of human genome research acquire clear contours and research results become predictable. A condition for maintaining stability of social relations in the area under consideration is the use of a permissive type of legal regulation (licensing of research activities in combination with strict government control over its implementation).