Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Peculiarities of Civil-Legal Regulation of Transplantation in Ukraine and Europe

The Peculiarities of Civil-Legal Regulation of Transplantation in Ukraine and Europe AbstractIn modern realities the issue of the quality and accessibility of health services, the cost of medicines, examinations and treatment in general is being increasingly frequently discussed. The attention is focused on such a narrow surgical field as transplantation, because in Ukraine thousands of patients are waiting in line for organ transplantation and very few operations are performed. The main, most secure and common type of transplantation is the transplantation of organs and tissues from a deceased person, the dead body. Cadaveric transplantation, which is used in most developed countries, is hardly carried out in Ukraine. This is due to the fact that the current regulatory base of Ukraine in the field of transplantation does not fully meet the needs of modern medicine and has many gaps. The aim of donation is a future transplantation (including and in cases of blood transfusion and reproductive cells use). The parts (tissues, organs, their parts, individual cells) extracted (separated) from the body in the process of donation can be used generally in the treatment process in a processed form (blood plasma) or in the original state (fertilized reproductive cells). The detailed analysis of the provisions of the national legal system makes it possible to conclude that, despite the absence of direct regulation of relations concerning organ donation and transplantation as material relations, the legal regulations provide the fundamental provisions, which determine their material nature, and therefore offer opportunities for agreementbased regulation. In our opinion, one of the essential legal means of ensuring the rights of participants in the relations of donation and transplantation can be their agreement-based regulation. The peculiarities of civil-legal regulation of transplantation in Ukraine and Europe are simultaneously analysed; and the grounds of its legitimacy are defined. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Journal of European Studies de Gruyter

The Peculiarities of Civil-Legal Regulation of Transplantation in Ukraine and Europe

Herts, Alla
Baltic Journal of European Studies , Volume 8 (1): 16 – Jun 1, 2018
Download PDF
16 pages

Loading next page...
 
/lp/de-gruyter/the-peculiarities-of-civil-legal-regulation-of-transplantation-in-YL0aK1ZxTp

References (25)

Publisher
de Gruyter
Copyright
© 2018 Alla Herts, published by Sciendo
ISSN
2228-0596
eISSN
2228-0596
DOI
10.1515/bjes-2018-0003
Publisher site
See Article on Publisher Site

Abstract

AbstractIn modern realities the issue of the quality and accessibility of health services, the cost of medicines, examinations and treatment in general is being increasingly frequently discussed. The attention is focused on such a narrow surgical field as transplantation, because in Ukraine thousands of patients are waiting in line for organ transplantation and very few operations are performed. The main, most secure and common type of transplantation is the transplantation of organs and tissues from a deceased person, the dead body. Cadaveric transplantation, which is used in most developed countries, is hardly carried out in Ukraine. This is due to the fact that the current regulatory base of Ukraine in the field of transplantation does not fully meet the needs of modern medicine and has many gaps. The aim of donation is a future transplantation (including and in cases of blood transfusion and reproductive cells use). The parts (tissues, organs, their parts, individual cells) extracted (separated) from the body in the process of donation can be used generally in the treatment process in a processed form (blood plasma) or in the original state (fertilized reproductive cells). The detailed analysis of the provisions of the national legal system makes it possible to conclude that, despite the absence of direct regulation of relations concerning organ donation and transplantation as material relations, the legal regulations provide the fundamental provisions, which determine their material nature, and therefore offer opportunities for agreementbased regulation. In our opinion, one of the essential legal means of ensuring the rights of participants in the relations of donation and transplantation can be their agreement-based regulation. The peculiarities of civil-legal regulation of transplantation in Ukraine and Europe are simultaneously analysed; and the grounds of its legitimacy are defined.

Journal

Baltic Journal of European Studies – de Gruyter

Published: Jun 1, 2018

There are no references for this article.