FEATURES OF REGULATION OF ORGAN TRANSPLANTATION: LEGAL ASPECT

Abstract

In the article the authors consider the main provisions for ensuring the right of man and citizen to organ transplantation. The state of legislative regulation of organ transplantation is considered. The concept of "living and dead donor" and certain groups of criminally related acts of organ transplantation are studied. Attention is drawn to the fact that the formation and development of measures to prevent and combat crimes related to illegal transplantation is impossible without analyzing the main determinants of crime in the field of transplantation of human anatomical materials, as it is a purely medical activity, but it is impossible to circumvent legal regulation. It should be noted that the relevance and timeliness of this issue is related to the fact that nowadays organ transplantation is the most effective way to treat certain diseases in their final stage, such as renal failure, and is the only method of treatment in case of dysfunction of organs such as the heart, liver and lungs. Therefore, society has realized the importance of transplantation as a method of treatment and saving lives and is moving from excessive criticism to careful philosophical and legal analysis, finding the optimal solution to the problems that exist in the field of transplantation. But along with this awareness, the number of crimes in this area has increased. It is established that the system of measures to prevent and counteract crimes related to illegal transplantation is a set of coordinated actions to determine the causes and conditions that contribute to the commission of a crime, and appropriate preventive measures to prevent them. On the basis of the research, general social and special criminological measures were distinguished. An attempt is made to give a comparative legal analysis of the state of compliance and ensuring the right to transplant human organs on the basis of the above countries