Legal regime of human organs and tissues as objects of civil law in the field of transplantation
The article covers the issue of determining the legal regime of organs and tissues in the context of civil law in the field of transplantation. The issue of recognising organs and tissues as objects of civil law, given the gaps in the current civil legislation of Ukraine, is presumed. This situation...
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| Format: | Article |
| Language: | English |
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Lviv State University of Internal Affairs
2022-02-01
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| Series: | Соціально-правові студії |
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| Online Access: | https://sls-journal.com.ua/journals/tom-5-1-2022/pravovy-rezhim-organiv-i-tkanin-lyudini-yak-ob-yektiv-tsivilnikh-pravovidnosin-u-sferi-transplantatsiyi |
| Summary: | The article covers the issue of determining the legal regime of organs and tissues in the context of civil law in the field of transplantation. The issue of recognising organs and tissues as objects of civil law, given the gaps in the current civil legislation of Ukraine, is presumed. This situation is conditioned upon the need for national legislators to consider a range of moral and ethical aspects related to the civil circulation of human biomaterials. The publication attempts to define the legal regime of organs and tissues separated from the human body as specific objects. The study is based on a systematic approach; special legal and logical methods were used. The declared problem is studied considering the achievements of Ukrainian and foreign academic literature. A comprehensive analysis of special transplant legislation contributes to the understanding that organs and tissues are exceptional objects not removed from civil circulation, which are currently used for the purpose of providing medical services. Since the necessity of classifying such anatomical materials as separate independent objects of civil rights, limited in circulation, is substantiated, given their exceptional nature and specificity. Based on a comprehensive study of national legislation and doctrinal approaches, the need to apply to the organs and tissues used for transplantation, a special legal regime that considers the specific features of these objects. |
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| ISSN: | 2617-4162 2617-4170 |