Dziuba A. Civil law regulation of organ and tissue transplantation: experience of Ukraine and the European Union

Dziuba A. E. Civil law regulation of organ and tissue transplantation: experience of Ukraine and the European Union. Qualifying scientific work as the manuscript. Dissertation for the Degree of Doctor of Philosophy in Law, the specialty 081 «Law». – Lviv State University of Internal Affairs, Lviv, 2023. The research is the first Ukrainian civil doctrine attempt of complex understanding of civil law regulation basis of organ and tissue transplantation in Ukraine in the context of accelerated European integration processes. The dissertation aims to improve the current civil legislation in the field of medical transplant services in consideration of the abiding experience of the European Union and the perceptions of the itemized legal relations regulation in progressive European states. The author’s definition of organ and tissue transplantation is proposed. According to the last-mentioned, transplantation is considered to be a medical service for the provision of highly specialized medical care by replacement of an organ and (or) tissue that has lost its vital functions, performed by a specially authorized medical institution on the basis of medical indications and the informed consent of the recipient and the donor (its next of kin – in the case provided by law) in the manner prescribed by law. The defining features of transplantation reflecting the legal nature of this medical service have been highlighted. We have managed to systematize national, international and regional sources of civil law regulation of legal relations in the field of organ and tissue transplantation. A number of specific inherent features have been singled out, including: complex nature; availability of such specific sources as medical standards alongside the traditional ones; significant impact of extralegal regulators in the form of moral and ethical norms on the researched sphere of legal relations. Our study provides the comprehensive analysis of the principles of civil law regulation of organ and tissue transplantation. The idea of the expediency of considering principles through the adoption of general hierarchical system in the form of general legal principles, sectoral principles of civil law and special transplant principles has gained further strengthening. Our study provides the necessity to include into civil legislation cases that outline the donor’s civil liability in order to stimulate the latter to fulfill the obligation properly. It has been proposed the concept according to which a living donor of anatomical materials bears responsibility in the event of an intentional illegal concealment of information regarding an anatomical material’s defect and other circumstances that threaten the recipient, which resulted in damage to the last one.