ТРАНСПЛАНТАЦІЯ ОРГАНІВ І ТКАНИН ЛЮДИНИ: ПРАВОВИЙ ТА КРИМІНАЛІСТИЧНИЙ АНАЛІЗ

Abstract

History of transplant organs originates from a series of experimental studies, for which in 1912 Karel Alexis (Alexis Carrel) was awarded the Nobel Prize for pioneering work. Surgical transplantation of human organs from deceased and living donors, the sick and dying patients began its development after the Second World War. Over the past 50 years, transplantation of human organs, tissues and cells began to practice worldwide. Due to managed to save more than one life and improve its quality. The demand has always exceeded supply, despite a significant increase in the scale of organs from deceased donors, as well as an increase in recent years, the use of organs from living donors. Lack of available grafts for transplantation not only contributed to the development in many countries, procedures and systems to increase their numbers, but also stimulated the growth of illicit trade in human organs. Analysis of foreign countries concerning transplantation of organs and human allows to distinguish two models of regulation donation of organs and tissues from deceased persons, so- called presumed and presumption of bad weather. Presumed is also known in the legal literature as alleged or model objections. It applies to those who died, according to her removal and use of organs from deceased performed if the life of the deceased has expressed objection to this, or if not express denial of his relatives or legal representatives. As for the second model, namely the presumption of dissent it means if his death the decedent expressly declared his consent to organ removal or his family members clearly expressed opposition to such action in the case when deceased did not leave such a statement. In such cases, the lack of agreement is considered as a waiver of transplantation. According to this principle, it is assumed that everyone in advance disagrees with the fact that her organs be transplanted to another person. Analysis of social, criminal and medical factors provides a basis for predicting the high level of delinquency in the field of transplantation and significant negative social consequences in this regard. Illegal transplantation always perpetrated regarding the donor or recipient. In violation of the law transplant human organs or provides for criminal responsibility century. 143 of the Criminal Code of Ukraine Violation of law transplant human organs or tissue and Art. 144 of the Criminal Code of Ukraine Violent donation. Preventing crime in the field of transplantation of organs or human is carried out primarily on the factors that cause certain types of crime in the medical practice regarding organ transplantation or human tissue. In scale implementation of preventive activities in the field of transplantation of organs or human implemented at the national level, regional or sectoral level, object level and the individual level.