Problem issues of law enforcement related to the donation of hemopoietic stem cells and other human anatomical materials

Abstract

The article discusses the field of regenerative medicine and, in this connection, the legal aspects of human hematopoietic stem cell transplantation. The study of the origin of hematopoietic stem cells was carried out. It has been determined who are the subjects of legal relations in the field of transplantation of human hematopoietic stem cells. Their medical and social significance has been established. The difference between medical and legal terminology is indicated. The normative regulation of the transplantation of hematopoietic stem cells in the Civil Code of Ukraine and the new Law of Ukraine «On the application of transplantation of anatomical materials to humans» and the position of domestic scientists regarding the definition of parts of the human body, including such cells as hematopoietic ones, are analyzed. It was studied who are the subjects of transplantation services, as well as existing gaps in the legal regulation of their activities. It has been studied that the possibility of identifying certain parts of the human body is influenced by the legal regime and purpose of use, taking into account moral, ethical and religious reasons. The issue of donation by persons under the age of 14 was analyzed. Circumstances have been clarified when children with certain cognitive impairments (reduced memory, perception, mental abilities, language impairment, i.e. impairment of the normal functioning of the brain) are proposed donors. A list of persons who are expressly prohibited from extracting anatomical materials from living persons is defined. An approach is proposed, according to which it would be advisable to create special commissions that operate on a permanent basis and allow to determine the degree of emergency of the situation as flexibly and quickly as possible, depending on the circumstances of the case, as well as the circle of persons who can potentially or actually be involved as a donor, and, accordingly, provide the necessary authorization in order to save the patient’s life. The issues of cross-donation, namely the gaps in the legal regulation of such a mechanism, were investigated. The question regarding the subjectivity of the Ukrainian Bone Marrow Registry has been clarified, in particular, that it is not a state structure, but a charitable organization, therefore the search for donors goes in parallel with the search for money.