RESUMO
The objective of the article is to study the main organizational and legal problems of carrying out transplantation of organs and anatomical materials in Ukraine. To achieve this objective, the author has formulated the methodological complex, which included both general scientific methods and special methods of cognition. The application of the historical method made it possible to analyze the retrospective of legal provision of transplantation, to find out the errors (shortcomings) and to establish achievements both in theory and in the activities of medical institutions in the field of transplantation. Systemic and functional analysis allowed us to characterize transplantation as the comprehensive system and its components. By using the comparative and legal method, the author has analyzed international legal acts on the organization and conduction of transplantation in order to formulate propositions for the improvement of Ukrainian legislation. The author in the course of the research has highlighted legal problems that lie in the lack of legal regulation of mutual relations in the process of transplantation between donors, recipients and health care professionals. The author has stressed on the need to revise the principles of conducting transplantation in Ukraine, which is necessary to provide an orderly, acceptable structural basis for the procedures of the acquisition and transplantation of human cells, tissues and organs for therapeutic purposes in compliance with ethical principles. The current situation in the health care system directly indicates the fact that prohibitions and control do not save lives of people. It is necessary to stipulate by the law the possibility of realizing human rights under the condition of inadmissibility of the state's monopoly on transplantation surgeries.
