scholarly journals Legal issues of death donorship in Ukraine

2020 ◽  
pp. 11-13
Author(s):  
Tetiana YAMNENKO ◽  
Anastasiia MELNYK
Keyword(s):  
Organ Transplantation ◽  
Public Funding ◽  
Organ Transplant ◽  
Deceased Donor ◽  
Legal Framework ◽  
Legal Regulation ◽  
Community Research ◽  
Analysis And Synthesis ◽  
European Standards ◽  
The Moment

The purpose of the paper is to investigate the topic of posthumous donation and to consider the legal models for the legal regulation of the removal of organs from deceased persons - the "presumption of consent" and the "presumption of disagreement" that have developed in the world community. Research methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. Results: the practice of applying each of the legal models of organ transplantation from a deceased donor has been clarified. Discussion: current state of national legal regulation of organ transplantation from a deceased donor. The issue of transplantation has long required the development of a current legal framework in Ukraine that meets European standards, in particular. At the moment, the adoption of "On the Use of Transplantation of Anatomical Materials to Man" dated 17.05.2018 indicates the stabilization of state policy in this field, however, some aspects of the implementation of the law necessitate additional interpretation or adoption of normative legal acts. In Europe, the legal basis for the development of such a phenomenon as donation is much better developed than in our country, which is more positively reflected in the living and health standards of these countries. However, the organ transplant procedure in Ukraine is on the way to its widespread practical application. The following major problems of posthumous donation in Ukraine can be distinguished as: insufficiently clear legal definition of the conceptual categorical apparatus and the mechanism of applying the presumption of consent and disagreement; the absence, and therefore the need, of establishing a register of recipients; critical level of public funding for this field of medicine; insufficient coverage of the topic by the state and, as a consequence, the need for society in the field of organ donation. The above list of issues is not exhaustive and therefore requires a comprehensive legislative, scientific and medical approach.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

scholarly journals Legal Basis for Remote Sale of Medicines in the Russian Federation

2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Telecommunication Services ◽  
Scientific Methods ◽  
Current Trends ◽  
General Scientific ◽  
The Russian Federation ◽  
The Moment ◽  
Almost All

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

scholarly journals P1841THE JOURNEY OF KIDNEY TRANSPLANTATION IN EGYPT: STILL EXTRA-MILES TO GO

2020 ◽  
Vol 35 (Supplement_3) ◽  
Author(s):  
Mohamed Elrggal ◽  
Mohamed Gendia ◽  
Rowan Saad Zyada ◽  
Ali Moustafa Shendi Mohamed
Keyword(s):  
Kidney Transplantation ◽  
Organ Transplantation ◽  
Organ Transplant ◽  
Legal Framework ◽  
Organ Shortage ◽  
Organ Transplants ◽  
Organ Trafficking ◽  
Human Organ ◽  
Transplant Tourism ◽  
Transplant Program

Abstract Background and Aims Kidney transplantation is the renal replacement therapy of choice for patients with end-stage kidney disease. Egypt is a developing country with social, religious and demographic characteristics having enormous impact on the development and progress of its own national transplant program. Method A web-based review of relevant bibliography: articles and textbooks, reporting the progress in the transplant practice in Egypt and its legislations was conducted. Results Kidney transplantation started in Egypt about 43 years ago when the first transplant was performed at Mansoura Urology and Nephrology Center (UNC) in March 1976. The practice of kidney transplantation in Egypt has then evolved over the years. While about ten thousand transplants were performed from 1976 to 2011, the annual mean number of kidney transplantation between 2011 and 2016 increased to 1100 cases/year. The number of transplant centers has also grown from 12 in 1997 to 35 currently licensed centers. However, Egypt is still lacking a national transplant registry data. The legal framework developed over the last decade towards establishing a national transplant program. Until 2010, organ transplantation was only regulated by the professional code of ethics and conduct of the Egyptian Medical Syndicate. Representatives of the Istanbul Declaration met with the Egyptian Minister of Health and Egyptian Society of Nephrology leaders in Cairo in October 2008; since then, Egypt has been working to terminate illegal practices associated with organ transplantation, organ trafficking and transplant tourism. The first legislation for a national organ transplant program “The executive list for law number 5 of the year 2010 regarding regulating human organ transplants” was then issued after approval by the parliament. The law established “The Higher Committee for Organ Transplants” which includes 7 - 11 experts and is responsible for regulating and supervising all organ and tissue transplant procedures in the country. The new law criminalizes organ trafficking and set strict penalties for physicians, hospitals and medical facilities performing illegal organ transplant procedures. In 2017, the legislation has been further modified to make the penalties even harsher “Law number 142 of the year 2017 modification of some articles in law number 5 of the year 2010 regarding regulating human organ transplants”. Transplantation practice is still limited to live transplants. The cadaveric transplant program has not yet been put into action despite the new 2010 legislation has set the legal framework, yet lacking a clear definition of the legal death. Cadaveric transplantation was performed twice in Egypt in 1992 at Cairo (kasr El Aini hospital) from 2 criminals after execution in Alexandria. This was faced with social anger and rejection which led to legal restrictions for non-living organ procurement at that time. Barriers to establishment of a national transplant program in Egypt include cultural and religious rejection of deceased donation, organ shortage, and long waiting time in national transplant centers. Conclusion Despite the recent ameliorations in the current Egyptian transplant practice, the overall progress has been slow. This can be attributed to a complex interaction between social, religious and financial factors. Further advances are vital to reduce the burden implied by the state-funded dialysis therapy and to demolish organ trafficking and transplant tourism. As such, state efforts would continue to further improve the living donor and to implement the deceased donor transplantation programs.

scholarly journals Current Approaches to Desensitization in Solid Organ Transplantation

2021 ◽  
Vol 12 ◽  
Author(s):  
Carrie Schinstock ◽  
Anat Tambur ◽  
Mark Stegall
Keyword(s):  
Organ Transplantation ◽  
Solid Organ Transplantation ◽  
Organ Transplant ◽  
Deceased Donor ◽  
Antibody Detection ◽  
Solid Organ ◽  
Detection Techniques ◽  
Kidney Paired Donation ◽  
Hla Incompatible ◽  
Hla Antibody

Major advancements in the development of HLA antibody detection techniques and our understanding of the outcomes of solid organ transplant in the context of HLA antibody have occurred since the relevance of sensitization was first recognized nearly 50 years ago. Additionally, kidney paired donation programs (KPD) have become widespread, deceased donor allocation policies have changed, and several new therapeutic options have become available with promise to reduce HLA antibody. In this overview we aim to provide thoughtful guidance about when desensitization in kidney transplantation should be considered taking into account the outcomes of HLA incompatible transplantation. Novel therapeutics, desensitization endpoints, and strategies for future study will also be discussed. While most of our understanding about desensitization comes from studying kidney transplant candidates and recipients, many of the concepts discussed can be easily applied to desensitization in all of solid organ transplantation.

scholarly journals LEGAL REGULATION OF PROFESSIONAL OBLIGATIONS OF PHYSICIANS IN UKRAINE

2019 ◽  
Vol 72 (9) ◽  
pp. 1839-1843
Author(s):  
Yuriy Baulin ◽  
Borys Rohozhyn ◽  
Inna Vyshnevska
Keyword(s):  
Health Care ◽  
Health Workers ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legislative Process ◽  
Records Management ◽  
Professional Obligations ◽  
National Courts ◽  
The Status ◽  
European Standards

Introduction: It was identified that one of the priorities of medical reform in Ukraine is the establishment of an effective system of legal regulation of professional physician’s obligations that meets European standards. However, the legal regulation of relations between actors in the field of health care lags behind the practice of their development. The aim to find out the status of legal regulation of the professional obligations of health workers, to identify the gaps in this regulation, to formulate proposals for improving the legal framework for the issue under investigation. Materials and methods: Legislation of Ukraine and certain European countries, international declarations and conventions, scientific works, 28 judgments of the European Court of Human Rights, 96 sentences of the practice of the national courts of Ukraine. Conclusions: During the study, the stages of determining the professional physician’s obligations were singled out, which would optimize the legislative process of regulation of obligations. One of the problems is the incorrect translation of protocols, which is assigned to a medical care institution. It was proposed to solve this problem by introducing a unified system of protocols and standards, the duty of translation and adaptation of which is entrusted to the central body of executive power in the field of health care. It is relevant to consolidate the duty of medical records management at the level of law, which will serve as a guarantee of ensuring the proper performance by the physician of a professional obligation to treat and diagnose a particular patient. In order to avoid cases of judgments, based on the results of the сommission’s assessment of the actions of a physician and to eliminate the number of cases of unjustified attraction of physicians to liability, it is necessary to consolidate a clear list of general professional physician’s obligations in a single regulatory act.

scholarly journals Controversy in the Determination of Death: The Definition and Moment of Death

2019 ◽  
Vol 86 (4) ◽  
pp. 366-380
Author(s):  
Frederick J. White
Keyword(s):  
Organ Transplantation ◽  
Deceased Donor ◽  
Determination Of Death ◽  
Bodily Integrity ◽  
Donor Organ ◽  
Definition Of Death ◽  
Dead Donor Rule ◽  
The Moment ◽  
Definition Of

This essay reviews recent controversy in the determination of death, with particular attention to the definition and moment of death. Definitions of death have evolved from the intuitive to the pathophysiologic and the medicolegal. Many United States jurisdictions have codified the definition of death relying on guidance from the Uniform Determination of Death Act (UDDA). Flaws in the structure of the UDDA have led to misunderstanding of the physiologic nature of death and methods for the determination of death, resulting in a bifurcated concept of death as either circulatory/respiratory or neurologic. The practice of organ donation after circulatory determination of death (DCDD) raises a number of ethical questions, most prominently revolving around the moment of death and manifested as an expedited time to determination of death, a departure from the unitary concept of death, a violation of the dead donor rule, and a challenge to the standard of irreversibility. Attempts to redefine the determination of death from an irreversibility standard to a permanence standard have significant impact on the social contract upon which deceased donor organ transplantation rests, and must entail broad societal examination. The determination of death is best reached by a clear, strict, and uniform irreversibility standard. In deceased donor organ transplantation, the interests of the donor as a person are paramount, and no interest of organ recipients or of the greater society can justify negation of the rights and bodily integrity of the person who is a donor, nor conversion of the altruism of giving into the calculus of taking.

scholarly journals Genesis of the national pharmaceutical legislation on the territory of modern Ukraine between IX and early XX centuries: historical and legal aspects

2021 ◽  
Vol 14 (1) ◽  
pp. 127-132
Author(s):  
O. H. Aleksieiev
Keyword(s):  
Public Perception ◽  
Professional Training ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Legal Analysis ◽  
Close Attention ◽  
Analysis And Synthesis ◽  
Life Threatening

The aim of the paper is to elucidate the genesis and early development of the national pharmaceutical legislation on the territory of modern Ukraine between IX and early XX centuries taking into account historical and legal aspects. Materials and methods. The research was carried out with the use of methods of analysis and synthesis, as well as historical, and comparative and legal methods. Results. The regulation of relations that arose during the production or sale of medical drugs has always been subject to the close attention of the state, even before pharmacy became separated frommedicine. This attitude is explained primarily by the public perception of drugs as a means of possible harm to health and life-threatening. The issue of legal regulation of pharmaceutical activities should be studied from the standpoint of linguistic analysis of this term, since the Greek word pharmacon means medicine or poison. Realizing this, different countries and their institutions at different historical stages of their existence have always tried to define the legal framework of the pharmaceutical business – to outline its powers, competence and responsibility. Conclusions. The results of the historical and legal analysis show that the issue of proper suply of the population (or, at different historical stages, its separate strata) has always been under the close attention of the state. State bodies have always been paid special attention to the quality of medicines and professional training of pharmaceutical workers.

scholarly journals ICO — a New Way of Project Financing: Development Trends of Legal Regulation

2020 ◽  
Vol 10 ◽  
pp. 41-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Scientific Methods ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Initial Placement ◽  
General Scientific ◽  
Training Courses

Purpose. The development of digital technologies contributes to the improvement of financial relations using various information systems, which actualizes the study of the problems of legal regulation of new relations, in particular in the field of ICO. The article analyzes the processes of initial placement of tokens (moent), as well as possible options for their legal regulation. The methodological basis for the research of this article is the dialectical method of scientific knowledge. The research used such general scientific methods and techniques as scientific abstraction, system, logical, analysis and synthesis, comparative law. Conclusions are drawn that 1) various approaches to the issue of ICO regulation have been formed in a number of countries, and rather ambiguous ones, 2) Russia is currently in the process of forming a legal framework regulating the circulation of cryptocurrencies and digital financial assets, 3) the term “ICO” has not been introduced in domestic legislation, and the terms “issue” and “circulation”are used instead. Scientific and practical significance. This research allows us to consider the nature of the token and the content of the ICO process, as well as contributes to the development of theoretical directions on this topic and the formation of training courses on tokens and new ways of implementing financial relations.

scholarly journals About the need to introduce a presumption of consent for organs transplantation and other human anatomical materials

2021 ◽  
Vol 39 (71) ◽  
pp. 458-471
Author(s):  
Liliya Pороva ◽  
Svitlana Pороva ◽  
Hrуhorii Krainyk ◽  
Iryna Bandurka ◽  
Olena Fedosova
Keyword(s):  
Organ Transplantation ◽  
Organ Transplant ◽  
Practical Implementation ◽  
Major Improvement ◽  
Medical Sector ◽  
Analysis And Synthesis

The purpose of the article is to discuss the need to introduce a presumption of consent for the transplantation of organs and other human anatomical materials in Ukraine. Therefore, the object of the study is the presumption of consent for organ transplantation. The authors of the article have used methods of deduction, analysis and synthesis, comparative, and legal methods. The need to make amendments to the legislation of Ukraine regarding the introduction of the presumption of consent for the transplantation of organs and other human anatomical materials from a person and the feasibility of the practical implementation of these changes, namely, mean a major improvement and elimination of problems in the field of transplantation. It is concluded that at present one of the main problems governing the matter is the absence of presumption of consent for transplantation in Ukrainian legislation and, at the same time, the lack of significant funding of the medical sector, together with the low awareness of the rights of actors involved in organ transplant processes.

scholarly journals Systematization of the EAEU legal sources in the field of regulation of the service market in science

2020 ◽  
Vol 32 (4) ◽  
pp. 83-93
Author(s):  
Lyudmila N. Berg ◽  
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Practical Significance ◽  
Scientific Cooperation ◽  
Service Market ◽  
Eurasian Economic Union ◽  
Analysis And Synthesis ◽  
Economic Union

Introduction. The law of the Eurasian Economic Union (hereinafter – the EAEU) contains provisions aimed at organizing scientific cooperation (and cooperation in the field of innovation) of its member states. The subject of this research is the totality of sources of the Eurasian Economic Union law in the field of regulation of the services market in science. The purpose of the research is to systematize the legal sources, containing norms governing relations in the services market in the field of scientific activity. Materials and methods. The methodology of scientific research includes the dialectical method, General scientific logical operations (deductions and inductions, analysis and synthesis) and specific scientific methods (legalistic, comparative legal). Results. As a result of the research, the author presents a system of sources of the EAEU law, norms in the field of legal regulation of scientific activities and scientific cooperation within the framework of the Eurasian economic integration: the Treaty on the EAEU, international multilateral and unilateral agreements implemented in the EAEU legal framework, normative acts adopted by the Supreme Economic Council and the EAEU Economic Commission. Conclusion. The research results are applicable in further theoretical studies of the Eurasian economic integration and the EAEU law and have practical significance for the systematization of the legislation of the Eurasian Economic Union, development of legal techniques, EAEU lawmaking.

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