The right to transplantation as a personal non-property right

Abstract

The article examines the concept of personal non-property benefits and their place in civil law, emphasizing the importance of personal non-property rights as absolute rights. In particular, the author analyzes the right to transplantation in the context of the exercise of personal non-property rights, examines its legal, medical and ethical aspects, and highlights the problems associated with its implementation.
 Attention is drawn to the relationship between the right to transplantation and other human rights, such as the right to life, the right to medical care, and the right to health care. The article also examines the criteria that organs and anatomical materials must meet in terms of suitability for transplantation. The author analyzes the legal regime of organs and anatomical materials that can be separated from the human body and thus act as independent transplantation objects. The author emphasizes the importance of determining the list of objects that can be used as donor organs for transplantation in order to ensure the proper realization of the personal non-property right to life and health care.
 The author examines the concept of informed consent of the donor and the recipient and the importance of this legal category in transplantation relations. The author outlines the key elements of informed consent, including completeness, comprehensiveness and accessibility of information, as well as voluntariness of consent. The author points out the role of healthcare professionals and their ethical and legal responsibility in ensuring that informed consent is obtained and that complete and accurate information is provided to the participants of these relationships throughout the transplantation process. The article highlights the potential negative consequences of breach of the duty to obtain informed consent, concealment or failure to provide medical information, ranging from invalidation of a contract for the provision of medical services to criminal liability.
 The author analyzes the legislative acts regulating the right to transplantation, in particular, the provisions of the Civil Code of Ukraine and the Law of Ukraine «On the Application of Transplantation of Anatomical Materials a Human Being».