Criminal offence and punishment in the field of transplantation: a comparative analysis

Abstract

In modern medicine, the health or death of one person is effectively used to save the life or treatment of diseases of another, in science, cosmetology, pharmacology. This is a special method of surgical intervention, which consists in the removal of organs and (or) other anatomical material from the donor with simultaneous implantation of the recipient. Medical progress is inevitably accompanied by legal, economic, social and moral factors. Undoubtedly, from a moral and social point of view, the goal of saving the life and health of the person (recipient) is noble, but the deterioration of health or deprivation of life of the donor - legally ambiguous, even despite his wishes or consent, because undoubted damage to life and health. In addition, cases of consumer attitudes towards the human body have led to the emergence and spread of illegal transplant activities. The article notes the causes and conditions of the emergence and spread of illegal activities in the field of transplantation, provides known forms, methods and participants. Based on a comparative analysis of legislative models of crimes and punishments in CIS countries with identical legal systems, attention is focused on the need to unify the legal definition of forms and types of criminal activity in the field of transplantation, in particular, ensuring interaction and cooperation with law enforcement agencies. Ways of counteracting crimes in the field of transplantation are considered. Ways of borrowing positive international experience.