Zborivskyi Y. Civil law regulation of transplantation of human anatomical materials

The relevance of the study is due to the novelization of legislation in the field of transplantation and the need to clarify the specifics of the exercise of personal non-property rights to donation, health care and medical assistance in the context of providing medical transplantation services. It is also important to establish the legal regime of anatomical materials as objects of non-property relations. In the context of the recodification of civil legislation, the priority is to improve the mechanism of legal regulation of non-property rights of individuals. Among them, a special place is occupied by personal non-property rights to health care, donation and medical care. They include the right to information about one's health status and to secrecy about one's health status. One of the ways to ensure the right to health and medical care is to provide transplantation services, which cannot be carried out without anatomical materials removed from human bodily substance. The provision of medical care through transplantation of anatomical materials has a legal aspect in addition to the medical one. The novelization of transplantation legislation after the adoption of the Law of Ukraine "On the Application of Transplantation of Human Anatomical Materials" in 2018 has led to a number of theoretical and practical problems that need to be addressed. The purpose of improving the legal regulation of transplantation relations is to ensure the exercise of an individual's personal rights to healthcare, donation, medical care and non-property rights derived from them, which ensure the natural existence of a person. As a result of the scientific research, the author identifies the features of non-property legal relations related to transplantation of anatomical materials. It is substantiated that a prerequisite for a donor's consent to transplantation of anatomical materials is to provide him/her with information about possible negative consequences of transplantation. The author formulates the position that the presence of an objectively materialized object in the form of anatomical material indicates the possibility of its turnover, i.e., transfer to another person - the recipient within the framework of non-property civil legal relations with a view to exercising personal non-property rights to donation and medical care. The author substantiates the position that the peculiarity of transplantation relations is that no binding relations arise between the donor and the recipient and no transfer of personal non-property rights from one person to another occurs. The object of the transplantation legal relationship is anatomical material and medical services of a medical institution for transplantation of a donor organ. The author establishes that the following features are required for the object of non-property legal relations under transplantation of anatomical materials: a) the ability to meet the recipient's needs for health restoration; b) separation (detachment) from the donor subject; c) suitability for transplantation; d) objective form of bodily substance. The author formulates the following features of transplantation non-property legal relations: a) it is a legal form of exercise of the personal non-property right to donation and medical care; b) it is exercised on the basis of the will of the donor and the recipient; c) consent to the use of anatomical materials of a donor-cadaver belongs to the persons specified in the Law of Ukraine "On the Application of Transplantation of Anatomical Materials to Humans". The author proves that the exercise of the personal non-property right to donation and medical care by means of transplantation is carried out on the basis of a unilateral transaction, the content of which is an action expressing the informed consent of the donor and the recipient to transplantation of anatomical materials or an agreement on the provision of medical transplantation services with a licensed medical institution. The author proposes to supplement the list of objects of civil rights provided for in Article 177 of the Civil Code of Ukraine with anatomical materials that are separated from the human body in a materialized substance. It is proposed to distinguish a group of persons of the priority line of kinship who consent to posthumous donation. The provisions and recommendations formulated in this work can be used in scientific and research activities in further studying the legal forms of realization of personal non-property rights of an individual to health care, medical care and donation, as well as in regulating law enforcement activities in the provision of medical services in the field of transplantation.