On the material nature of a biomedical cell product as an object of civil rights

Introduction. Determining the legal nature of a biomedical cell product as an object of civil rights is an urgent and complex task. The need to consider a biomedical cell product within the framework of the property law concept is due to the fact that, as a result of the modification and cultivation of cell lines, it is primarily an object of the material world.

Materials and Methods. The study is based on an analysis of doctrinal approaches to the definition and classification of things in Russian civil law, as well as the provisions of legislation that establish the legal regime of things and the circulation of biomedical cell products. The study also actively used special legal methods of cognition, which allowed for a comprehensive understanding of the categories of things and biomedical cell products as legal phenomena.

Analysis. A biomedical cell product can be characterized as a human-made, individually distinct part of the material world that has a certain value for humans and can theoretically be subject to the dominion of certain subjects of civil law relations, which means that it can be subject to the legal regime of a thing to a certain extent. A biomedical cell product can be considered as a movable, complex, main, indivisible, consumable, and inanimate thing. Additionally, depending on its type, a biomedical cell product can be defined as either a generic or an individually specific thing. The nature of the legal relations that arise during the circulation of a biomedical cell product indicates that it can be considered both an existing and a future thing.

Results. Based on the results of the conducted research, it can be concluded that the legal regime of a biomedical cell product continues to be formed. Regarding the property-legal nature of a biomedical cell product, it is correct to conclude that only certain elements of the property-legal regime apply to it, but its legal nature goes beyond the classical civil law understanding of property and requires further research. Therefore, the classification of a biomedical cell product as a property is not absolute and should be adjusted to take into account ethical values (human dignity, personal health, and biosafety).

1. Badmaeva SYu. Objects of Property Rights in Russian Civil Law: thesis. Moscow, 2008. 207 p. (In Russ.).

2. Vaskovsky E.V. Textbook of Civil Law. Moscow: Statut, 2016. 380 p. (In Russ.).

3. Civil Code of the Russian Federation (Part One) dated November 30, 1994, No. 51-FZ (as amended on July 31, 2025). Collection of Laws of the Russian Federation, December 5, 1994, No. 32, Article 3301. (In Russ.).

4. Civil Law. In 2 parts. Part 1: textbook for university students studying in the field of law / edited by VP. Kamyshansky, NM. Korshunov, and V. I. Ivanov. Moscow: UNITY-DANA, 2012; 543 p.

5. Dekhanov SA. Complex Object as an Object of Civil Law. Pravo i gosudarstvo: teoria i praktika. 2020;3(183):34-35. (In Russ.).

6. Kartashkov D.V. Components of the Human Body as Objects of Civil Law. Pravovedenie.2021;4:404-420. (In Russ.).

7. Kachmazova D.M., Kesaeva V.A. Classification of Things as Objects of Law. Pravo i gosudarstvo: teoria i praktika. 2022;3(207):99-101. (In Russ.).

8. Sklovsky K. I., Kostko V. S. On the concept of a thing. Money. Real estate // Bulletin of Economic Law of the Russian Federation. 2018. No. 7. pp. 115-143.

9. Pokrovsky I. A. The History of Roman Law. Moscow: Yurayt Publishing House, 2025. 447 p. 10.

10. Trubetskoy E. N. Encyclopedia of Law. The Ministry of Internal Affairs of Russia. St. Petersburg University. SPb: Lan: Sev.-Zap. Academy of Civil Service, 1998. 217 p.

11. Federal Law of 23.06.2016 N 180-FZ (as amended on 04.08.2023) "On Biomedical Cellular Products". Collection of Legislation of the Russian Federation, 27.06.2016, N 26 (Part I), Article 3849. (In Russ.).

12. Khatuntsev O.A. Subjective Property Rights as a Variety of Absolute Property Rights: Problems of Theory and Practice: thesis. Moscow; 2015. 352 p. (In Russ.).

13. Schennikova L.V. Property law: textbook. stipend. Perm: Publishing House of Perm. University, 2001. 240 p. (In Russ.).