THE RIGHT TO LIVE IN THE CONTEXT OF ROUTINE TRANSPLANTATION IN UKRAINE
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the consideration of novelties in the Ukrainian legislation regulating activities related to the transplantation of organs and other human anatomical materials, the identification of unresolved problems and gaps. The adoption of the new Law of Ukraine “On Transplantation of Anatomical Materials to the Person” requires a new approach to the consideration of the activities related to transplantation and the constituent parts of this process. There is a need for clarification of the functions of the new bodies that will coordinate activities related to transplantation and the comparative analysis between the Law of Ukraine “On Transplantation of Organs and Other Anatomical Materials to the Person” on July 16, 1999 and the Law of Ukraine “On Application of Transplantation of Anatomical Materials to the Person” on May 17, 2018. The law of 2018 establishes the position of transplant coordinator in health care institutions. The transplant coordinator will carry out activities for identifying a potential donor, establishing the availability in the Single State Transplantation Information System of lifetime consent or disagreement with being a donor, extracting, storing, and transporting anatomical material and providing it for further transplantation. This person should monitor all activities related to transplantation. Therefore, in order to avoid abuse and to be impartial during the activity, this person shall not be a part of a council of physicians that performs the diagnosis of brain death, shall not participate in the withdrawal of material and transplantation, and also shall not represent the interests of the recipient. The adoption of the Transplant Law of 2018 did not change the existing model of the presumption of disagreement in Ukraine on its implementation. That is, it can be argued that with the new Law’s entry into force the situation in Ukraine in the field of transplantology will not change fundamentally, it only fully and in more detail regulated the activities related to transplantation and all its components.
Authors and Affiliations
Н. В. Коробцова
Keywords
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- EP ID EP660961
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