Violation of the procedure established by law for transplantation of human anatomical materials: concepts and types

Abstract

The article addresses the pressing issue of ensuring legality in the field of transplantation. The current state of healthcare in Ukraine, the need for high-quality medical services, and the necessity of adapting national legislation to international standards prompt a thorough analysis and improvement of the legal regulation of the transplantation of anatomical materials. The main focus of the article is on identifying violations of legislation in the field of transplantation, analyzing their types, and consequences. Various aspects of offenses are examined, including illegal organ trade, violations of the donor consent procedure, and non-compliance with medical ethics and safety standards during transplantation operations. The peculiarities of violations committed by both medical professionals and other related workers in the transplantation of human anatomical materials are revealed. The authors explore the international experience of transplantation regulation and highlight key points that require attention in Ukrainian legislation. The provisions of the Brussels Declaration on the Laws and Customs of War, the Geneva Conventions, and other international documents establishing norms and principles in this field are analyzed. Violations of these norms can have serious consequences for patients’ health and the reputation of medical institutions. The article emphasizes the need to strengthen state control over compliance with legislation in the field of transplantation, improve legal mechanisms of accountability for violations, and create conditions for the effective functioning of the transplantation system in Ukraine. Specifically, the author proposes an original definition of violations of the established order of transplantation of human anatomical materials and provides a classification of violations by areas and forms of activity at each stage of this process. The study aims to form theoretical and practical foundations for ensuring the legality and ethics of the transplantation of anatomical materials in Ukraine, which is an important step in the development of the medical field and the protection of patients’ rights.