POSTHUMOUS ORGAN DONATION: AT THE WAY OF CREATION OF A NATIONAL LEGAL APPROACH

Abstract

Posthumous organ donation is one of the most actual issues in medicine. The practice of using the organs of the dead to save other lives exists in most countries of the world, but there are the countries that have not found a single solution for this issue. Therefore, the main purpose of the work is to study the issue of posthumous donation in Ukraine and determine its compliance with the European legal standards. The material of this study is the legal regulation of posthumous donation as a certain part of medicine. In particular, the norms of the international law as well as certain provisions of the national legislation of various countries which are aimed at regulating the relations in the field of posthumous donation are examined. The results of the study were the conclusions about the necessity and possibility of formation of single international standards of legal regulation of posthumous donation and the development of national legislation on their basis. Therefore, the authors believe that there is an urgent necessity of developing a unified framework of legislation on donation and transplantation. Their presence will not only help to avoid legal conflicts, but will also point to the necessity and ways to improve the national legislation, change some approaches in the international relations and define a common terminology of the conceptual apparatus. At the same time, they should be developed systematically and fully as well as any other normative act.

Authors and Affiliations

Svyatoslav Slipchenko, Alexander Shishka

Keywords

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  • EP ID EP497316
  • DOI 10.31359/1993-0909-2018-25-4-119
  • Views 165
  • Downloads 0

How To Cite

Svyatoslav Slipchenko, Alexander Shishka (2018). POSTHUMOUS ORGAN DONATION: AT THE WAY OF CREATION OF A NATIONAL LEGAL APPROACH. Вісник Національної академії правових наук України, 1(4), 121-135. https://europub.co.uk/articles/-A-497316