Kazantsev Mikhail
For the first time in the legal science, the article obtains the system data on the array of legal acts and, accordingly, on the legal regulation in the field of biological collections. Particularly, it describes and analyses the hierarchic and substantive system of legal regulation in the sphere of biological collections. The article estimates current legal regulation (legislation) in this field, and concludes on the unacceptably low level of development of legislation on biological collections. At least, it is expressed in the lack of consistency and completeness of legislation on biological collections, as well as in the fact that the legislation in the areas related to biological collections not always takes into account the specifics of biological collections. Based on the conducted analysis, the article defines further developments in the biological collections’ legislation, provides concrete proposals for improvement of the legislation, and, what is mostly important, formulates the basic legal statements on the scientific collections.
Original definitions of the scientific and biological collections elaborated in the article are the following: “Scientific collection (biological, archeological, ethnographical, other) is recognized as purposefully collected, ordered set of objects, which is organized on the scientific basis, has scientific value, and can be used in scientific, scientific-technical, innovative, scientific-educational activities”: “Biological collection is a scientific collection, which is formed by the set (fund) of zoological, botanical, microbiological, genetic, and other biological objects, can be used in scientific, scientific-technical, innovative, scientific-educational activities, including the purpose of preserving biological diversity and use of biological resources”.
Keywords: scientific collection; biological (bio-resource) collection; collection object (sample, exhibited object); legal regulation in sphere of biological collections; legislation on biological collections; legal regime of biological collection; center for collective use.