Abstract
With the development of biotechnology, the possibility of human organs and tissues acting as objects of various legal relations becomes obvious: compensated or gratuitous alienation, exchange, etc. However, at present there is no single position regarding the legal nature of human biomaterials. The most popular solution is to recognize organs and tissues as things limited in circulation. However, it is possible to note the lack of sufficient argumentation of the grounds for limiting circulation and the list of types of things to which biomaterials belong. As a result, it is impossible to determine the characteristics of body parts as objects and to form their legal regime. The published work provides a detailed analysis of various approaches to the features of things, created through the study of the works of scientists on this issue using various methods of scientific knowledge (analysis, synthesis, induction, deduction, comparative legal and others). As a result, the author's approach to the features of divisible, indivisible, individually defined, consumable, non-consumable, withdrawn and limited in circulation things is formed. Further, based on the examination of the presence of characteristics in organs and tissues, their classification as divisible or indivisible (depending on the type), unique and individually defined, consumable or non-consumable (depending on the method of use) and limited in circulation items is argued.
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