Chebotareva G. Сriminal and legal issues of human organ and tissue transplantation and blood donorship

This dissertation is the first monographic research into the criminal and legal issues of human organ and tissue transplantation and blood donorship in Ukraine. The dissertation is the result of the complex scholarly research into the issues of criminal and legal theory and practice of counteractions against crimes in the sphere of transplantation and blood donorship. The dissertation formulates new theoretical foundations and defines the content of a number of concepts and terms that are significant for theory, practice and improvement of the Ukrainian legislation. On the basis of the analysis of legislation regarding transplantation and blood donorship in the international law and the law of Ukraine, the dissertation assesses the criminal and legal provisions for protection of the rights and freedoms of citizens in the sphere of transplantation and blood donorship in Ukraine. The author has analyzed the criminal and legal aspects of activities carried out in the sphere of transplantation and blood donorship and identified the most significant problems in protecting the rights of the recipient and the donor, such as the provision of the principle of voluntarism and informing the donor and the recipient, equal access to the transplantation program of the recipient, the provision of gratuitous turnover of organs and tissues in transplantation and donorship. The dissertation puts forward suggestions for qualification of crimes in the sphere of transplantation and blood donorship and makes proposals for improving criminal and legal norms that regulate responsibility for crimes in this sphere of health service.