Annotation

Legal issues in the field of transplantology have been of interest to domestic scientists for decades. Meanwhile, at present, legislative regulation of the field of transplantation in most countries of the world is not only a rather complex, but also not a completely resolved problem. This is largely explained by the fact that the area under consideration requires strict observance of all civil rights on the one hand of subjects who are participants in lifetime donation, as well as relatives of those persons from whom donor material is selected after death. And since in any country transplant operations are carried out against the backdrop of a gigantic shortage of organs required for transplantation, it is quite natural that in the current situation many ethical, spiritual, religious and other problems arise around the issues under consideration. Therefore, the purpose of this work was to analyze foreign and domestic legislative experience in the legal regulation of transplantology and make proposals for improving the area under consideration. During the study, it was noted that the differences in the two legal models existing in the world for the removal of transplants from deceased persons are contained in the obligation during life to express one’s will regarding the selection of transplants from them after death for transfer to recipients. The author comes to the conclusion that there is a need for further research into complex aspects in the field of legal regulation of transplantation, since in this area there are many problematic legal issues that require resolution in the legal relations that develop between donors and medical organizations. In addition, the identified issues relate to the problems of somatic human rights, which is why representatives of legal theory pay so much attention to them. At the same time, it is necessary to study and discuss these issues not only in order to develop the theory of law, but also to improve law enforcement practice.