Legal obligations in the context of human organs and tissues transplantation

Abstract

The aim: To highlight and analyze the nature of certain legal obligations occuring in the process of human organs and tissues transplantation, in particular, the following obligations: compliance with regulatory and medical requirements for organ and human tissues transplantation, obtaining the donor’s consent for organs and tissues transplantation, organs or tissues transplantation on a non-commercial basis. Materials andmethods: Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Analyzed regulatory and medical requirements, indicate the complexity of the transplant process, as well as the need for strict compliance with established regulations and rules. For the whole complex transplant procedure, one of the key points is the donor’s consent (disagreement) to remove anatomical materials from him. The obligation to perform organ or tissue transplantation on a non-commercial basis has a dual purpose: first, to prevent offenses and legal violations in this area; secondly, to determine as transparently and clearly as possible the list of costs incurred by the donor in connection with the organs and tissues removal and subject to reimbursement, the procedure for such reimbursement and its reasonable, acceptable and sufficient amount.