Rumyantsev A. Administrative and Legal Regulation of Transplantation in Ukraine

The dissertation is focused on studying the content and peculiarities of administrative and legal regulation of transplantation in Ukraine. The author has formulated own definition of the concepts of “administrative and legal regulation of transplantation”, “means of administrative and legal regulation of transplantation”, “principles of administrative and legal regulation of transplantation of human anatomical materials”, “forms of administrative and legal regulation of organs transplantation”, “donarship of anatomical materials”. The author has revealed the main features of donarship and transplantation as an object of administrative and legal regulation: public and legal nature (the interests of the state and private persons – donors, recipients are provided and taken into account); the dominant nature of imperative regulation compared to dispositive; special subjects, objects and content of legal relations that characterize legal relations as having an administrative and legal nature; availability of administrative and legal means of influencing the subjects of legal relations related to transplantation. The author has substantiated the expediency to classify the principles of administrative and legal regulation of transplantation of human anatomical materials into: 1) generally legal principles of law; 2) sectoral principles (principles of administrative law); 3) special principles that are unique to transplantology. The author has accomplished the classification of subjects of administrative and legal regulation of transplantation according to the criterion of interest in participating in relations on transplantation. The author has determined 5 groups of such subjects. The author has substantiated the expediency of forming an advisory body within the Cabinet of Ministers of Ukraine – the Interdepartmental Coordination Committee on Transplantation. It has been offered to endow this Committee with control, coordination, analytical functions. The systematization of powers of the Ministry of Health has been improved depending on the goals they are aimed at: rule-making; organizational and functional; constituent; analytical; educational; protection and basic ethical approaches to the problem of organs, tissues and cells transplantation. The expediency of developing the Regulations on the Ethics Committee of the Public Council of the Ministry of Health of Ukraine has been substantiated. It has been offered to endow the Ethics Committee with analytical, educational, rule-making and coordination powers. The main means of administrative and legal regulation of transplantation in Ukraine include: licensing of medical activities related to the transplantation of anatomical materials; accreditation of medical institutions that provide transplantation services; standardization of medical services for the removal of anatomical materials, tissues, cells; certification of medical employees who perform such services. The types of administrative penalties applied to the subjects of administrative offenses in the field of transplantation have been determined. The author has carried out classification of actions / omission that have the nature of administrative offenses in the field of transplantation of anatomical materials. The author has distinguished 4 groups of offenses. The necessity of supplementing Chapter 5 “Administrative Offenses in the Field of Labor Protection and Public Health” of the Code of Ukraine on Administrative Offenses has been substantiated. It has been established that the peculiarity of administrative liability for the violation of the procedure of organization and provision of medical care by the transplantation method is manifested in the fact that: legal entities in addition to individuals may also be held administratively liable; the actions / omission of subjects who provide medical care by transplantation methods are offenses (violation of the procedure of organization and implementation of transplantation, removal, storage, transportation of anatomical materials), but have no features of crimes under the Articles 143-144 of the Criminal Code of Ukraine. International experience of legal regulation of transplantation has been analyzed. The author has singled out the main directions for improving administrative and legal regulation of transplantation in Ukraine: normative and legal; organizational and legal; financial and legal; subjective; protective; coordination. Propositions for improving the legislation in the researched area have been developed.