Some issues of legal regulation of transplantation of anatomical materials to humans

Abstract

The Constitution of Ukraine established that a person, his life and health are recognized as the highest social value in our state. In addition, everyone is guaranteed the right to health care, medical assistance and health insurance. At the same time, the issue of researching the legal regime of various objects of civil legal relations, including anatomical materials, biological materials, donor organs, etc., in the conditions of updating the civil legislation of Ukraine and the intentions of recodification, taking into account their special importance, have acquired the special relevance.
 Transplantation is a special method of treatment, which consists in transplanting human anatomical material from a donor to a recipient and is aimed at restoring human health. Every adult with legal capacity has the right to give written (electronic) consent or non-consent to the removal of anatomical materials from his body for transplantation and/or the manufacture of bio-implants after the determination of his condition as irreversible death (brain death or biological death) in accordance with the law. The identity of the donor should not be known to the recipient, and the identity of the recipient to the donor's family, except when the recipient and the donor are married or are close relatives.
 By their legal nature, consent or non-consent to donation are acts. After all, it is legally established that they must be done in writing, in particular in electronic form, in the order determined by the Cabinet of Ministers of Ukraine. Such transactions are unilateral and are not subject to notarization, and there is no requirement to certify the authenticity of a person's signature by a notary public.
 In has been concluded in the article about the expediency during the recodification of the detailed regulation of the legal regime of anatomical materials, organs, biological materials, reproductive cells, etc., with mandatory consideration of the identified problems of law enforcement and modern progress.