The article examines the problems of legal regulation of transplantation of organs and tissues of the human body, describes the state and prospects for its development. It is noted that somatic human rights are reflected in the legislation of Ukraine and in the legislation of foreign countries. One of these rights is the right to a body. It is directly related to the transplantation of organs and tissues of the human body. Organ and tissue transplantation as a means of real help to diseased people who need it has a number of characteristic features that distinguish this method from other therapeutic interventions. This is related to the presence of a donor, a person who in most cases does not require medical care, as well as to problems of moral, ethical and legal nature. These circumstances prove the importance and necessity of regulating public relations in the field of transplantation. The concept of transplantation covers a set of actions of a medical institution, which are divided into two stages: removal of organs from a donor and their transplantation into a recipient’s body. Obtaining an organ or tissue from the donor will be legitimate on two required conditions: if the recipient cannot be assisted by anything other than transplantation; and if the harm to the donor is less than the danger threatening the recipient’s life. Transplantation is performed for therapeutic purposes or for experimental study of the functions of organs and cells, sometimes for cosmetic purposes. It is emphasized that the development of new biotechnology causes new legal problems that need to be solved now, before the introduction of new therapeutic methods in practice. That is why transplantology as a science of transplantation of human organs and/or tissues should be based on current legislation, which is based on the protection of fundamental rights, freedoms and human dignity. The analysis of the Ukrainian legislation on healthcare in the field of transplantation of human organs and tissues allows concluding that the legal framework on this issue has a number of lacunas. Thus, the issue of informed voluntary consent to medical intervention has not been resolved, there is no unambiguous normative definition of donors, the problem of civil regulation of the agreement for transplantation medical services has not been resolved, there is no clear legal classification of defects in medical services on transplantation of human organs and tissues etc.
Danyila Chornenka (Sun,) studied this question.