Legal issues of death donorship in Ukraine

Issue: № 1/1, 2020

Doi: https://doi.org/10.37634/efp.2020.1(1).2

The purpose of the paper is to investigate the topic of posthumous donation and to consider the legal models for the legal regulation of the removal of organs from deceased persons - the "presumption of consent" and the "presumption of disagreement" that have developed in the world community. Research methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. Results: the practice of applying each of the legal models of organ transplantation from a deceased donor has been clarified. Discussion: current state of national legal regulation of organ transplantation from a deceased donor. The issue of transplantation has long required the development of a current legal framework in Ukraine that meets European standards, in particular. At the moment, the adoption of "On the Use of Transplantation of Anatomical Materials to Man" dated 17.05.2018 indicates the stabilization of state policy in this field, however, some aspects of the implementation of the law necessitate additional interpretation or adoption of normative legal acts. In Europe, the legal basis for the development of such a phenomenon as donation is much better developed than in our country, which is more positively reflected in the living and health standards of these countries. However, the organ transplant procedure in Ukraine is on the way to its widespread practical application. The following major problems of posthumous donation in Ukraine can be distinguished as: insufficiently clear legal definition of the conceptual categorical apparatus and the mechanism of applying the presumption of consent and disagreement; the absence, and therefore the need, of establishing a register of recipients; critical level of public funding for this field of medicine; insufficient coverage of the topic by the state and, as a consequence, the need for society in the field of organ donation. The above list of issues is not exhaustive and therefore requires a comprehensive legislative, scientific and medical approach.

Keywords : posthumous donation, transplantation, donor, recipient, organs and other anatomical materials, bioimplants, model of legal regulation, "presumption of consent" and "presumption of disagreement"

References:

1. Transplant. URL: https://uk.wikipedia.org/wiki (in Ukrainian).
2. On the application of transplantation of anatomical materials to man: Law of Ukraine of May 17, 2018 № 2427-VIII. URL: https://zakon.rada.gov.ua/laws/show/2427-19. (in Ukrainian).
3. Briukhovetska M.S. Civil Law Regulation of Posthumous Donation in Ukraine: diss. ... cand. law sciences: 12.00.03. Kyiv, 2017. 230 p. (in Ukrainian).
4. Mishchuk I.V. Investigation of the history of legislative regulation of transplantation of organs and tissues of man. Bulletin of the Lviv State University of Internal Affairs. 2012. № 2. S. 233–243. (in Ukrainian).
5. Baran P.Y. History of transplantation of important organs in Ukraine. Transplantology. 2002. Vol. 3, № 1. P. 38–141. (in Ukrainian).
6. Novytska M. Major changes to the legislation of Ukraine in the field of human anatomical material transplantation. Entrepreneurship, economy and law. 2018. №9. P.132-137. URL: http://pgp-journal.kiev.ua/archive/2018/9/25.pdf. (in Ukrainian).
7. The first group of future transplant coordinators has started training. Ministry of Health of Ukraine. 2019. URL: http://moz.gov.ua/article/news/persha-grupa-majbutnih-transplant-koordinatoriv-rozpochala-navchannja.(in Ukrainian).
8. The Council authorized posthumous organ donation. Ukrinform. URL: https://goo.gl/Eqqpjh. (in Ukrainian).
9. Civil Code of Ukraine (Bulletin of the Verkhovna Rada of Ukraine (VVR), 2003, №№ 40-44, Article 356) URL: https: //zakon.rada.gov.ua/rada/show/435-15. (in Ukrainian).
10. Challenges and Prospects for the Transplantation System in Ukraine: What Hinders the Rescue of Thousands of Ukrainians through Transplantation? URL: http://moz.gov.ua/ article/news/problemi-ta-perspectives-development-transplantation-systems-in-ukraine-scho-zavazhae-rjatuvati-tisjachi-ukrainciv-for-help-transplantation). (in Ukrainian).

 

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