HISTORICAL AND LEGAL DEVELOPMENT OF TRANSPLANTATION HUMAN ANATOMICAL MATERIALS

Abstract

The article examines the regulatory and legal regulation of transplantation starting from the Soviet period, it was during this period that the first regulatory and legal act was adopted that established activities related to transplantation, namely: the resolution of the RNA of the USSR «On the procedure for conducting medical operations» dated 15 September 1937, in addition to covering the study of the period of independence of the country and the modern stage of legislation in the field of transplantation. Having analyzed the main dates of the historical development of the first transplantations in national and world practice, focusing on the first attempts at transplantation, which failed, but led to the further rapid development of this field in order to establish the latest methods of treating patients. During the USSR, transplantation at the legislative level was regulated only by departmental regulations, instructions and orders of the Ministry of Health, which contained a number of norms and the absence of imperfections at the legislative level, and during all this time there was no norm that would have provided for criminal liability for illegal organ transplantation at that time and human tissues. But Ukraine, taking into account all the shortcomings and at the legislative level with the adoption of the current Criminal Code of Ukraine on April 5, 2001, approved Article 143 of the Criminal Code of Ukraine, which is in effect at the present time.