SPECIFIC ASPECTS OF NORMATIVE LEGAL REGULATION OF ANATOMICAL MATERIALS’ TRANSPLANTATION IN UKRAINE AND FOREIGN COUNTRIES

Abstract

Introduction: The article is devoted to the research of normative regulation of human organs and tissue transplantation in Ukraine and some foreign countries. A considerable part of problem aspects of transplantology in Ukraine is hidden due to the normative and legal base shortcomings, therefore there is a necessity of considering and borrowing foreign experience of legal regulation of this process, a legal regulation of the bases and conditions of providing consent to the removal of organs or refusal of the potential donor and legal consequences of it. The question as for the possibility of consolidating the “consent presumption” on the removal of organs and tissues at the legislative level remains current, but many experts express the idea of inadmissibility of such legislative actions because of the military operations on the territory of Ukraine and the imperfection of state control for the activities of institutions performing transplantation. At the same time, it is obvious that now the legislative regulation of the sphere of transplantology does not meet modern requirements, and creates certain gaps in the Ukrainian legislation. The aim is to determine and concretize problematic issues of legal regulation of the transplantation sphere in Ukraine, to analyze the experience of the successful countries in this direction and to develop an integrated approach to the solution of certain problems. Materials and methods: During the research, international normative acts, national legislation acts and scientific works of scholars were used. The article is based on the dialectical, legal, historical, comparative, systematic methods of research. Review: The analysis of the current situation of legal regulation of the sphere of transplantology in Ukraine has been carried out, the main problems and gaps, which must be eliminated as soon as possible for the real possibility of organ and tissue transplantation operations, are identified. The experience of the most progressive countries that are leaders in the number of transplantation operations is analyzed and their experience has been taken. Conclusions: The solution of this problem is possible only after the transformation of the transplant coordination system, the introduction of the Unified State Information System for transplantation, the training of specialized personnel, the improvement of the technical equipment of medical institutions, and the creation of an effective mechanism for regulating of the human anatomical materials’ transplantation.