Snytnikova M. Public Administration of Transplantation in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102317

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

20-04-2021

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

The dissertation on the basis of the theory of administrative law and the theory of medical law, current domestic and foreign legislation, achievements in this field of special subjects of public administration and medical workers of transplantology provides a new scientific explanation of tasks related to public administration of transplantation in Ukraine. It is proved that public administration in the field of transplantation is a legal, organizational and legal, procedural and organizing regulatory influence of public executive power in order to ensure the inalienable natural human right to life, inviolability, health and social justice in the field of transplantation. property status and other factors. The legal nature of transplantation in the administrative and legal sense is revealed. The principle of tacit consent in the field of public administration of transplantation in Ukraine is revealed, generalized and formed. The content of normative regulation of public administration of transplantation in Ukraine is revealed. It is concluded that the main tools of public administration in the field of transplantation include individual acts, plans and administrative agreements. Administrative proceedings in the field of transplantation, consisting of several administrative procedures, have been opened. The content of administrative and legal protection in the field of transplantation in Ukraine has been clarified. It has been proved that successful foreign experience of transplantation proves that it is possible to achieve fair and effective provision of transplantation for the general public by using both the presumption of consent and the presumption of disagreement in the legislation. It is concluded that in today's conditions for Ukraine a breakthrough in the field of transplantation can be only the principles of public administration of transplantation, which are based on the principle of consent. Public administration in the field of transplantation in Ukraine has been improved, which should be carried out in the areas of re-profiling the current legislation on the basis of the presumption of consent to donation, the introduction of the category of "potential donor" in domestic legislation.

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