Legal regime of biological security in the system of national security: national and international legal aspects

The problem of forming national systems to combat biological threats in the context of the global spread of COVID19 remains relevant for most countries. The dependence of national biosecurity systems on high-quality regulatory and institutional national and international legal mechanisms is becoming apparent. The purpose of the study is to reveal the features of the legal regime of biosecurity in the context of national and international security. During the research dialectical, formal-logical, comparative-analytical, statistical, hermeneutic methods were used. In the description of the legal regime of biosecurity of paramount importance is the issue of legal regulation and implementation of institutional control over the production and use of modern biotechnology, genetic resources. The implementation of such control is extremely necessary at the initial stage of laboratory studies that use biological pathogens. Therefore, regulatory predictability, openness and transparency of laboratory tests are important in preventing the spread of infectious diseases, which should be under real sanction preventive control due to effective institutional mechanisms. Another aspect of solving the problem of strengthening the regulatory and institutional capacity to respond to biothreats is the validity and the exceptional humanitarian need to intervene in biological diversity, which must be carried out in accordance with existing international legal principles and rules. The application of the strictest control measures and sanctions in the national and international legal systems regarding cases of exposure to the production and use of biological weapons, especially those that can be used in terrorist activities, significantly increases the effectiveness of biosecurity as a component of national and international security in the context of globalization transformations of the modern world order. The national and international legal regime for combating biological threats should use the world's existing legal model for nuclear safety, with appropriate restrictions on uncontrolled biological research and production using pathogens. The practical value of the study is to determine the regulatory and institutional mechanisms of the legal regime of combating biological threats to ensure biological security as a component of national security.

Doi: 10.31359/1993-0909-2023-30-1-109