Peculiarities of self-defense of a responsible nature in legal relations on transplantation

Abstract

The purpose of this study is to determine the features of self-defense of a responsible nature in legal relations related to transplantation. The following conclusions were made: 1) in legal relations with transplantation, the patient is the recipient, and in autotransplantation, the donor is also; 2) the donor and the recipient have the right to apply and independently choose methods of self-defense; the transplant coordinator is obliged to use the methods of self-protection of the patient's civil rights and interests provided by law; 3) the donor and the recipient, and in the cases provided by law, their parents (other legal representatives), have the right to apply self­defense methods of a responsible nature: «refusal of consent to donation», «withdrawal of consent to donation», «refusal of treatment with the use of transplantation» and «withdrawal of consent to treatment with the use of transplantation»; 4) the refusal of the recipient's parents (other legal representatives) is a way of self-defense only when it causes legal consequences regarding transplantation (changes or terminates the legal relationship); 5) the methods of self-defense of a responsible nature have a legal nature, since their application causes the onset of legal consequences, namely the change, suspension, termination of the legal relationship from transplantation; 6) self­defense methods of a responsible nature have a law-enforcement nature; 7) in order to use the methods of self-defense of a responsible nature, it is mandatory for eligible subjects to comply with the requirements provided for by law: a) full civil legal capacity; b) presence of an informed refusal; c) voluntary refusal; d) it is possible to declare a refusal before the donor or recipient is put into a medicated sleep state; e) information about refusal is entered into EDIST; 8) minors, such as donors and recipients, also have the right to apply self­defense methods of a responsible nature, since transplantation involving such persons is carried out with their consent; 9) legal relations regarding the provision of medical assistance with the use of transplantation are of a long-term nature.