Current problems of realization in Ukraine of the right to transplantation from a dead donor

Organ transplantation is the miracle of the twenty-first century, the salvation and hope of humanity. Today, transplantology has become the standard of care for many diseases in developed countries. The social significance of donation and transplantation is determined by the life-saving function, the implementation of which requires proper legal regulation. Currently, the issue of transplantation in Ukraine is regulated, in particular, by the Law of Ukraine «On Application of Transplantation of human’s Anatomical Materials», adopted in 2018. The explanatory note to the current Law was stated the need to amend the current legislation. It was due to the desire to ensure the implementation of the constitutional and natural human right to life and health. It was also noted that the successful experience of  transplantation in the progressive countries of the world, the increase in the number of patients for whom organ transplants are the only way to save lives, prompt legislation in this area to be brought into line with the standards of our century. It was believed that Ukraine should take the issue of approach to organ transplantation by legislatively establishing the presumption of «opting (or contracting) out» to organ transplantation after the death of the donor However, according to the current Law of Ukraine “On applying the transplantation of anatomical materials to a person”, every adult person has the right to give written consent or consent to the removal of anatomical materials from his body for transplantation and / or the production of bioimplants after determining his condition as a permanent death or biological death). That is, the presumption of «opting in» transplantation after the death is in Ukraine. The proposed article is devoted to the analysis of the current Law of Ukraine «On the application of transplantation of anatomical materials to a person» and the study of the realization of the recipient’s right to transplant from a deceased donor