The essence and concept of transplantation of human anatomical materials: civil law aspect

Problem setting. The need to understand what transplantation is from the point of view of different approaches, at the same time respecting personal non-property rights of individuals and regulating transplantation legal relations by civil law are the conditions for this scientific study. Analysis of recent researchers and publications. Such scientists as Dzyuba A.E., Buletsa S.B. conducted important research on the topic we chose. Also, the problem of defining the concept and principles of legal regulation of transplantation was studied by such domestic scientists as Pishta V.I., Yuzikova N.C., Ptashnyk I.R. Purpose of the research is to study the essence of transplantation in the Civil Law aspect and formulation of the concept of transplantation of human anatomical materials. Article’s main body. The article examines the civil-law aspect of the transplantation of human anatomical materials, which consists in the fact that during the regulation of the transplantation, pre-operative and postoperative periods, the principles of interaction between the participants of the relationship, equality of the parties and dispositiveness should be taken into account. The essence of the transplantation of anatomical materials from the point of view of civil law regulation is analyzed. It has been established that all relationships related to transplantation, processes that facilitate and accompany such surgical intervention, as well as the conduct of postoperative measures, belong to the sphere of personal non-property relationships. The multiple aspect of transplantation is revealed, which can be considered as a way of exercising various personal non-property rights of a person, depending on the context and circumstances. It was determined that transplant legal relations are protected by civil law in terms of the inadmissibility of arbitrary interference in the sphere of personal life and encroachment and personal integrity, protection of property rights and violation of freedom of contract from the point of view of providing medical services. In this regard, an approach has been defined, according to which transplantation is proposed to be understood in a broad and narrow sense: as a medical service or as a person’s right to life. Separate principles that relate to transplantation and affect the civil law sphere have been studied: the principle of priority for anatomical materials, the principle of non-consent to donation and the principle of the riskiness of donation. It is justified that transplantation should be considered as a method of treatment. Сonclusions and prospects for the development. The definition of transplantation of anatomical materials as a method of treatment is formulated, which consists in the transplantation of anatomical materials from the donor to the recipient with the aim of restoring the function(s) of the organism and preserving life, while respecting the personal nonproperty rights of a person. It is noted that the results of the article can serve as a basis for further discussions and research in the field of medical and civil law.