Some issues of prevention of illegal transplantation of human anatomical materials: criminal procedure aspect
Year: 2025
Type: article
Abstract: The study is devoted to the urgent problem of finding a balance between the rapid development of transplantation and the need to ensure legal protection for all participants in this process. On the one hand, organ transplantation is one of the greatest achievements of modern medicine, capable of saving thousands of lives. On the other hand, it requires a clear definition of legal boundaries that would prevent abuse and guarantee compliance with ethical standards. Globalization and the development of transplantation have created a favorable environment for the flourishing of international trade in human organs and tissues. This phenomenon is accompanied by violations of fundamental ethical norms and human rights, such as the right to life and the right to privacy, which calls into question the moral and legal foundations of modern medicine. In order to improve the effectiveness of investigating crimes in the field of transplantation of human anatomical materials, the author conducted an analytical study of the current international and national legislation of Ukraine in the context of the chosen topic. The authors analyze in detail the legal framework governing relations in the field of transplantation. The review of regulatory acts covers international treaties, acts of national legislation of Ukraine, as well as regulations of the Ministry of Health. In addition, the author analyzes the organizational and legal support for pre-trial investigation of such crimes. Particular attention is paid to the context of the russian-Ukrainian war, which significantly affects the issue of transplantation of anatomical materials, in particular in cases of wounded and killed servicemen. The author highlights the risks of abuse by medical professionals, which makes it difficult to control transplantation processes under martial law, and substantiates the need to strengthen control and monitoring of their activities. The right of servicemen to organ donation during their lifetime has become particularly relevant in the current situation, when the importance of both military institutions and human rights is growing. The study emphasizes the need to develop clear legal provisions that take into account the specifics of military service and ensure that decisions on organ donation are made on a fully voluntary basis. The analysis notes that military personnel should be able to receive comprehensive information on the medical, ethical and legal aspects of donation, which will allow them to make decisions based on full awareness of the possible consequences of such actions.
Authors: O. M. Bronevytska, V. M. Aftanasiv
Institution: Lviv State University of Internal Affairs
Language: English
Field: Medicine
Domain: Health Sciences
Open Access status: diamond
OpenAlex ID: W4412389402