Actual aspects of a judicial regulation of explantation of donor’s materials for transplantation

Abstract

Objective. Investigation of actual aspects concerning judicial regulation of explantation of donor’s anatomical materials for transplantation, determination of main problematic issues of such activity and delineation of ways to improve the legislative-judicial guaranties of the person’s life and the health guarding in explantation procedure of the donor’s anatomical materials. Materials and metods. Modern national and international normative base, which establishes main principle of explantation of the donor’s anatomical materials, was investigated. The methods of searching, analysis, systematization and summarizing of information were studied. Results. Necessity in sophisticated judicial base for transplantology is connected, first of all, with peculiar relations between donor and recipient, specifically constituting equal rights for the life for them. Actual judicial pattern of the consent or rejection delivery for procedure of explantation of the donor’s anatomical materials in the dead persons are frequently considered the disadvantages of a legislative-judicial regulation of transplantology. In such situation, the authors mentioned, that it is necessary to preserve an actual judicial pattern of the informed consent obtaining, to improve this procedure,as well as a mechanism of fixation and the state control. Also it is necessary to proceed with further harmonization of national legislation with international principles, concerning judicial regulation of explantation of donor’s materials, taking into account the national peculiarities and realization of the state policy in development of transplantology. The investigation results were confirmed by the author’s statistical observation. Conclusion. Basing on the definite priority of human rights, a necessity for guaranteeing to them the right to live and to be physicslly untouchable, independent from judicial pattern of the consent obtaining for the anatomical materials explantation, the state must guarantee the usable mechanism of effective control for obtaining and fixation of a consent of a potential donor.

Keywords

• transplantation; donor; recipient; anatomic material; judicial regulation.