European standards for DNA databases and directions for their implementation in Ukraine

Abstract

The article discusses European standards for DNA records and directions for their implementation in Ukraine. It has been established that automatic access by European Union countries to national genetic databases became possible thanks to the 2005 Prüm Treaty, which formulates the basic principles for the exchange of DNA profiles. In June 2008, the Council of the European Union transformed the Prüm Treaty into EU legislation (The EU Prüm Decision). Further details on the procedures for exchanging genetic information are provided in the relevant EU regulations and directives. Regulation (EU) 2024/982 (Prüm II) stipulates that Europol, of which Ukraine is a member, has the right to search the databases of Member States on the basis of information received from the authorities of third countries. Legal, organisational and technical standards for the creation, operation and use of DNA records are set out in the recommendations of the European Network of Forensic Science Institutes (ENFSI), the official advisory body of the European Union on forensic science. According to ENFSI recommendations, as many individuals as possible should be included in the DNA database to increase the likelihood of identifying donors of biological samples. The main sources for the creation of DNA profiles are traces from crime scenes, reference profiles of known individuals (convicts, suspects, arrested persons, volunteers), victims, missing persons, and exclusion profiles. If a person refuses to voluntarily provide biological samples, there is a possibility of their compulsory collection. The legal criteria for including convicted persons, suspects or arrested persons in the national DNA database are usually either specific types of crimes or the maximum punishment provided by law for their commission.

The existence and continuous updating of a genetic database is a mandatory requirement for European Union member states, as defined by the Prüm Treaty. For Ukraine, the creation and operation of an electronic register of genomic information is important not only for improving the effectiveness of law enforcement agencies in combating crime, but also in the context of our country’s further integration into the European legal and security community.