The Definition of Malignancy in European tort Law in Cases of Non-Contractual Liability in the Field of Nanobiotechnology

The article presents the basic results of research of features of definition of the legal category of malignancy or causing inconvenience in cases of non-contractual liability in the field of nanobiotechnology, which was formed for European tort law, which is important in modern conditions of mass use of nano biomaterials, causing the emergence of new risks to life and health, requires the development of new techniques to ensure the safe existence of the individual, which is especially important in conditions of uncertainty caused by, this includes the threat of adverse consequences associated with the global spread of coronavirus and similar infections, some of which may be of artificial origin. The subject of the study is the relationship that arises between developers, manufacturers, and distributors of nano bioproducts on the one hand and the individual on whom these types of products have their own, including adverse effects, on the other. Logical, comparative, empirical, analytical, historical-legal, descriptive, and other methods of cognition were used as the main methods of research. Scientific novelty of the study was the findings, in accordance with which, first and foremost, the focus of modern tort law, in relation to the category congratulations-facing use and possession of the land (land plots), and not on its (their) inherent value as a natural resource that may eventually be resolved, for example, in civil and natural resources (conservation) law of the Russian Federation and, secondly, for all intents and purposes of the causer of harm associated with the adverse effects of the use of nano biomaterials, therefore, manifestations of malignity cannot be considered direct means of incurring environmental responsibility, which does not detract from their auxiliary potential for implementation (application) in situations where there is no positive law, and provide some form of environmental protection based on facts, which in turn allows you to gradually begin to practice claims for malignity (causing) inconvenience in domestic law enforcement practice. We believe that the proposed approach is particularly relevant in the current conditions of virtually uncontrolled spread of nano biomaterials, which can cause, among other things, global pandemics and, thus, cause harm to an unlimited number of people.

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