Open AccessLegal issues of death donorship in Ukraine
Author(s) -
Tetiana Yamnenko,
Anastasiia Melnyk
Publication year - 2020
Publication title -
ekonomìka, fìnansi, pravo/ekonomìka. fìnansi. pravo
Language(s) - English
Resource type - Journals
eISSN - 2786-5517
pISSN - 2409-1944
DOI - 10.37634/efp.2020.1(1).2
Subject(s) - presumption , normative , organ donation , transplantation , interpretation (philosophy) , law , political science , medicine , surgery , computer science , programming language
The purpose of the paper is to investigate the topic of posthumous donation and to consider the legal models for the legal regulation of the removal of organs from deceased persons - the "presumption of consent" and the "presumption of disagreement" that have developed in the world community. Research methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. Results: the practice of applying each of the legal models of organ transplantation from a deceased donor has been clarified. Discussion: current state of national legal regulation of organ transplantation from a deceased donor. The issue of transplantation has long required the development of a current legal framework in Ukraine that meets European standards, in particular. At the moment, the adoption of "On the Use of Transplantation of Anatomical Materials to Man" dated 17.05.2018 indicates the stabilization of state policy in this field, however, some aspects of the implementation of the law necessitate additional interpretation or adoption of normative legal acts. In Europe, the legal basis for the development of such a phenomenon as donation is much better developed than in our country, which is more positively reflected in the living and health standards of these countries. However, the organ transplant procedure in Ukraine is on the way to its widespread practical application. The following major problems of posthumous donation in Ukraine can be distinguished as: insufficiently clear legal definition of the conceptual categorical apparatus and the mechanism of applying the presumption of consent and disagreement; the absence, and therefore the need, of establishing a register of recipients; critical level of public funding for this field of medicine; insufficient coverage of the topic by the state and, as a consequence, the need for society in the field of organ donation. The above list of issues is not exhaustive and therefore requires a comprehensive legislative, scientific and medical approach.