Legal and ethical basis transmissions of human bodies and tissues
DOI:
https://doi.org/10.31489/2020l4/8-15Keywords:
transplantation, presumption of consent, donor, recipien, transplantology, lawAbstract
In the Republic of Kazakhstan, transplantation occupies a special place among high-tech industries, its development is given great importance at the level of state policy, including legal regulation. The relevance of the problem is due to the fact that the most acute and least solved problem of modern domestic transplantation is the legal regulation of organ donation, especially the removal of organs from the deceased for their transplantation to needy recipients. The purpose of the article is to analyze the modern problems of transplantation in the Republic of Kazakhstan, based on the study of regulations, doctrinal sources, empirical data and the media. The authors of the article considered the legal and ethical aspects of transplantation of human organs and tissues in the paradigm of modern research in the field of medicine, law and bioethics and legislation regulating public relations in the healthcare system. The imperfection of the legal framework for transplantation in the republic is fraught with the development of the risk of commercialization and criminalization of transplant activities. Based on the analysis of positive and negative trends in the development of transplantation in the Republic of Kazakhstan, it is concluded that it is necessary to improve the legal mechanisms for the implementation of state policy in this area of health care.