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Objects of Transplantation: Legal and Medical Aspects

Student: Fatkhullin Ruslan

Supervisor: Violetta Trubina

Faculty: Faculty of Law

Educational Programme: Pharmaceutical and Biotechnology Law (Master)

Final Grade: 7

Year of Graduation: 2021

Annotation This abstract is a summary of the final qualifying work on the topic "Objects of transplantation: legal and medical aspects", performed by a second-year student of the master's program "Legal regulation in Pharmaceuticals and Biotechnologies". The relevance of the topic of organ transplantation is determined primarily by the rapid development of medical technologies, methods of treating diseases, equipment and equipment used in the treatment process. The transplantation of human organs and tissues is a subject of discussion among specialists, doctors, lawyers and public figures. At the same time, organ transplantation is considered from a moral and ethical point of view, from a legal position. There are different approaches and assessments of such a phenomenon as organ and tissue transplantation. Some experts assess transplantation as one of the most promising technologies for the treatment of complex and chronic diseases and a way to extend the quality of life of patients from the point of view of health, to increase the life expectancy of the population. Other opinions boil down to the fact that organ transplantation goes beyond the moral and ethical norms and rules that have developed in society for many centuries. The main purpose of the work is to describe the object of transplantation, i.e. donor organs, tissues and cells, on the basis of a comprehensive system analysis, from the point of view of legislative regulation, ethical problems of relations between all subjects of this type of activity, to reveal the legal and medical aspects of this process. The tasks of the work are: - to determine the factors influencing the legal regulation of the process of transplantation of human organs and tissues; to analyze the main provisions of the legislative regulation of the object of transplantation of various periods of development of the Russian Federation, as well as the legal regulation of transplantation in foreign countries that are leaders in this field, including to describe the supranational legislation in this area; - consider the object of transplantation from the point of view of moral and ethical standards; - to characterize the object of transplantation from the point of view of the medical aspect, including to present a description of the current situation in the field of organ transplantation in the Russian Federation; - identify existing gaps in the legislative regulation of transplant facilities and processes related to organ transplantation, and suggest possible ways to overcome the identified legal conflicts Based on the data presented in this paper, it is concluded that in the Russian Federation there is a built-up system of transplantation of human organs and tissues. This process is formalized, has a legal justification and regulation. There is a built-up list of regulatory documents at various levels-federal and subordinate departmental acts, which fully regulate all issues and procedures related to organ transplants. The objects of transplantation, i.e. donor organs, being an important part of the entire transplantation process, are taken into account by the legislator with special attention. In relation to donor organs, there are a number of requirements and rules of a regulatory nature, failure to comply with which entails serious consequences of a criminal and administrative nature. In addition to the conclusions about the system of legislation in the field of transplantation, the presented work identifies a number of significant legal problems and suggests ways to eliminate them

Full text (added May 15, 2021)

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