HUMAN ANATOMICAL MATERIALS: CIVIL AND LEGAL ASPECT

Abstract

In this work, the author analyzes the concept of human anatomical materials from the point of view of civil law, examines the problem of defining them as objects of civil rights and legal relations, updates the issue of concluding a contract on the provision of medical services for transplantation, and also provides authoritative views of scientists on the issue of types of contracts on the provision of medical services for transplantation. As a result of the study, the author made conclusions on determining the place of human anatomical materials in the system of civil law objects, as well as on the procedure for concluding a contract on the provision of medical services for transplantation and its types depending on the types of donation, the most probable ways to solve the problems analyzed in the article were proposed. For the most part, the author emphasized the need to amend Article 1 of the Civil Code of Ukraine in terms of the personal nature of non-property relations, so that human anatomical materials as nonproperty goods are considered as objects of civil rights. Based on this, there is a need to create an effective mechanism for regulating civil legal relations in the field of transplantology through a specific civil law contract - a contract on the provision of medical services in the form of transplantation, which is explored further in the article. Such a reform of the civil legislation of Ukraine will have a beneficial effect on the entire system of civil law.