Social and Legal Studios

Abstract

Specific public and private interests concerning the implementation of medical activities in the field of transplantation raise the need for a specific model of organization of such activities. This, in turn, requires an exact definition of both the forms and content of public regulation of relations in the field of transplantation, and the forms and content of its private regulation. The article deals with the problems of transplantation, its legal interpretation and legal regulation as a special treatment method. A separate task is to determine the special features of the legal mechanism for the implementation of medical activities concerning transplantation in the context of preserving the private interest of its principal participants, namely the donor and recipient, as well as the regulation of this type of activity by the state, which should ensure the occurred public interests. Great attention is paid to the study of foreign experience of legal regulation of transplantation of organs and other anatomical materials, as well as a comparative analysis of the criminal legislation of Ukraine and the legislation of other countries regulating the responsibility for illegal transplantation. The author emphasizes that the adoption of the new Law on Transplantation does not mean the automatic start of mass transplantations. The Law will not solve the problems related to the lack of the necessary equipment, qualified personnel, timely transportation of organs and recipients. Moreover, the development and launch of registries, which will form the United Transplantation Information System and which do not work today, require additional time and efforts

Keywords: organ and tissue removal, donor organs, living organism, medicine, death, transplantation, jurisprudence

Suggested citation