Problems of Legal Regulation of Organ Transplantation in Ukraine and EU

Abstract

The article contains the analysis of Ukrainian and EU legislation in the sphere of anatomic material transplantation. In particular, the authors have conducted an analysis of the comprehension apparatus novels, the peculiarities of a unique donor and recipient coordination system, as well as the question of funding transplantation operations and the permission to conduct transplantation-related activities in Ukraine for healthcare and scientific institutions. The authors have thoroughly researched the issues of the rights and obligations of the transplant-coordinator, the constraint of sanctions in the Criminal Code of Ukraine in order to avert illegal anatomic material transplantation, the requirements to the «expungement database» and «transplantation center», the rights and social security of a living donor and the members of his/her family. The authors have also established that the legislation of the EU states demonstrates a divergence in applying the presumption of consent and presumption of non-consent on a posthumous donation; the EU legislation presupposes uniform requirements relating to the informational procedures for a transborder exchange of human organs, which are determined for transplantation between the EU states; the EU Directives have established the standards of quality and security of the organs within all the stages of transplantation, and the example for improving transplantology in the world is the «Spanish Model».