Legislative “ground” for transplant tourism in Russia

Abstract

This article examines the current state of domestic legislation regarding me- dical tourism regulation. Gaps in criminal law and the absence of federal regulation for public relations in the transplantation field, delays in enacting necessary laws on organ and tissue donation contribute to a lack of trust in medical staff and the overall functioning of Russia’s healthcare system. The actual implementation of international obligations at the domestic level in this area has not yet occurred. The transformation of international legal norms into national laws and regulations has been partially implemented. Conclusions drawn from the opinions of a respected scientist-practitioner in Russian transplantology, a description of the underground reality of Moscow clinics by a “regular” therapist, and an analysis of current departmental legislation provide evidence for the existence of transplant tourism in Russia. The protection of the constitutional right to health for Russian patients should not be merely declarative. The realization of the human right to quality medical care should not infringe upon the rights and freedoms of others in the provision of medical services. The entire system of medical law should be promptly organized to prevent arbitrariness, immorality, and violations of the professional ethics of medical workers. Additionally, the author proposes a model of a criminal law norm on trafficking in human organs and tissues.