Bibliographic description of the article for the citation:
Елизавета Зубко and Регина Йорохова. The issue of the legal regime of human anatomical materials//Science online: International Scientific e-zine - 2019. - №5. - https://nauka-online.com/en/publications/yurisprudentsiya/2019/5/problematika-pravovogo-rezhima-anatomicheskih-materialov-cheloveka-v-ukraine/
The main legal issues were considered by authors of this article. The problems associated with the living donation have a negative impact on a practical transplantology development in Ukraine. The majority of transplanted anatomical organs are organs of donors that died from brain death. The country's legislation establishes whether the consent of the deceased recipient is necessary. Cases of living donation are extremely rare despite all the technological and scientific advances. This is mainly due to the legal restrictions. Very often a person consents to become a donor and he meets all medical criteria, but he does not fit the criteria of the legislation.
The authors showed that the issue of defining the legal status of anatomical materials of a person and the problem of limiting scope of persons who may be a potential donor were inextricably linked. The authors reviewed the legislation of European and Asian countries, reflecting contemporary public needs, as well as Ukrainian realities that minimized possibility of transplanting homografts from living donors. In 2008, more than 135 countries, including Ukraine, adopted the Istanbul Declaration, which established a barrier to commercial transplantation.
However, many countries maintain other positions. For example, China, Brazil, India, Pakistan government legitimizes organ sales wholly or partly in order to address the issues of providing patients with human organs.
The authors described in detail the proposed methods of resolving certain problems, by amending domestic legislation, and the positive aspects of such innovations. The reasonability of changing the legal regime of anatomical human materials is argued from the historical and scientific points of view.