The Low Number of Organ Transplantations in Ukraine and the Shortcomings of the Current Regulatory Framework

Abstract

The key process in formation of transplantation as a medical science lies in its interaction with the legal sciences, the mutual influence of medicine and law. Development of transplantology has by its indisputable evidence the continuous of quality improvement, the process of ever-increasing body of scientific knowledge about the progressive development of this science. In modern law scholars draw a special interest for legal questions of transplantation. These questions are primarily owned by problems of clear definition of the concept of death that has a direct impact for the possibility of removing the organ or tissue, problems of the complexity of the surgery; need to avoid the possibility of rejection of the organ. The second group is formed on the problems relating to the provision and obtaining consent for organ removal and transplantation of both - donor and recipient, as well as patient’s consent for posthumous removal of his organs for transplant, the consent of relatives or legal representatives. Another group consists of the issues of payment or charity of transplantation, ethical and economic aspects of transplantation. Obviously, the need for legal regulation of organ transplants and tissues particularly acute at the stage of clinical transplantation, when the rise of medicine and jurisprudence was grounded idea of the necessity of legal protection of all participants of transplantation - donor, recipient, and health professionals. Understanding the patterns of this process contributes to the effective improvement of the legal framework that regulates medical practice in general. However, existing legislation does not meet the objective needs of patients’ rights in the rapid scientific and technological progress and needs the improvement in terms of legislative technique.