The author conducted a complex research of theoretical and practical problems of legal regulation of civil relationships with organ transplantation. The key process in formation of transplantation as a medical science lies in its interaction with the legal sciences, the mutual influence of medicine and law. Development of transplantology has indisputable evidence of the continuous quality of improvement, the process of an ever-increasing body of scientific knowledge about the progressive development of this science. Unlike other areas of medicine, most of which existed for hundreds of years, transplantology first sets before mankind ethical and legal issue - the relationship between two individuals. One of them is the patient whose life depends on the fact whether organ or tissue of another person will be transplanted and another one is the donor, living or dead, whose interests may be submitted by his relatives or close people. In the existing legislations practically is not governed the question of living donors-volunteers, and, above all, "unrelated origin." In modern law scholars draw special interest from legal questions involving transplants. These questions are primarily concerned with problems of clear definition of the concept of death, which has a direct impact on the possibility of removing an organ or tissue, problems of the complexity of surgery; and the need to avoid the possibility of rejection of the organ. The second group is formed on problems relating to providing and obtaining consent for organ removal and transplantation from both donor and recipient, as well as the patient's consent for posthumous removal of their organs for transplant, and the consent of relatives or legal representatives. Another group consists of issues of payment or charity for transplantation, along with ethical and economic aspects of transplantation. Clearly, the need for legal regulation of organ transplants and tissues is particularly acute at the stage of clinical transplantation, when the rise of medicine and jurisprudence was grounded on the idea of the necessity for legal protection of all participants of transplantation: donor, recipient, and health professionals. Understanding the patterns of this process contributes to effective improvement of the legal framework that regulates medical practice in general. However, existing legislation does not meet the objective needs of patients' rights in the context of rapid scientific and technological progress and needs of improvement in terms of legislative technique. First of all, in the regulation of transplantation it is necessary to consider the interests of recipients, i.e. thousands of patients with renal, cardiac, pulmonary insufficiency, to save life of which without direct transplantation of donor organs is impossible; catastrophic failure of donor organs; compliance of civil rights of living donors, relatives of the deceased, who carried removal organs for transplantation; the need for progressive development of transplantation, which is impossible without the development ahead of its legal framework. The system of agreements that regulate relations connected with the donation and transplantation, the research concept and the legal status of the parties were made. The author expresses definition of the donation contract, contract for organ transplantation and the treaty establishing (cloning) of organ and proves that their common characteristics are that these agreements are bilateral, consensual and termed. It was found that alternative ways of obtaining organs for transplantation are the following: the creation of artificial organs, growing of organs from embryonic stem cells and cloning of organs. Special attention is given to the legality and research of the conditions in vivo and post-mortem donation. The thesis contains the research of features of legal regulation of transplantation of artificial and cloned organs. Author proves that organs, separated from the human body, receive regime of things, limited in public circulation. A similar status should be given to artificial organs based on the possibility of their separation from the human body. Also was examined the necessity of consolidation in law "the institute of previous will" of the person on the disposal of his body after death, that should apply to the disposal of medical decisions because of physical or mental inability of the person. The author has also made characteristics of legal regulation of organ transplantation in the European Union. In particular, all EU legislation in this area can be divided into the following groups: legislation and guidelines that regulate transplantation and donation of blood, legislation and guidelines that regulate transplantation and donation of organs, legislation and guidelines that regulate transplantation and donation of cells and tissues. Author conducts conclusions and reasonably specific proposals for improving the current legislation of Ukraine to ensure the realization by every individual his rights in general and the right to health care particularly.
