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This article is dedicated to analysing the necessity of implementing international legal acts into Ukraine’s national legislation in the field of combating the trafficking of transplantation organs and other human anatomical materials, with the aim of harmonizing regulatory norms and standards in accordance with the acquis Communautaire of the European Union. The author focuses on three main legal documents whose implementation is urgently required in the context of adapting the Ukrainian legal system to European standards in the field of transplantation. Firstly, the article examines the Council of Europe Convention against Trafficking in Human Organs, which stipulates the introduction of criminal liability for the implantation of organs outside the official transplantation system or in violation of the basic principles of national legislation. It also emphasizes the need to strengthen the protection of victims of such illegal activities, as outlined in Articles 19-20 of the Convention. Secondly, the necessity of implementing Directive 2010/53/EU on standards of quality and safety of human organs intended for transplantation is highlighted. This directive regulates requirements for donor and organ testing, identification and traceability systems, preservation, packaging, and transportation procedures of transplants, as well as the organizational structure and qualifications of personnel in the field of transplantation. The third aspect concerns Directive 2012/25/EU, which governs the procedures for monitoring, reporting, and recording serious adverse reactions and incidents in transplantation to ensure the prompt exchange of information between EU member states and the adoption of appropriate measures. The author thoroughly analyses the mechanisms for implementing the acts, including the need for amendments to national legislation, the development of subordinate regulations, educational standards, and the establishment of international cooperation and data exchange. It is emphasized that harmonization with European standards in the field of transplantation is a key factor in ensuring high levels of quality and safety in transplantation procedures, combating illegal organ trafficking, and integrating Ukraine into the unified European legal space.
Nadia I. Subot (Wed,) studied this question.