Մկրտումյան Աննա 019
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The legal status of human organs and tissues used for transplantation in the framework of biomedical research in civil circulation
Anna Mkrtumyan
Applicant at the YSU Chair of Constitutional Lawք»Ք
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Abstract:
In connection with the progressive and rapid achievements of modern medicine, as well as the development of opportunities for conducting biomedical research in the field of transplantology, the issue of determining the legal status of human organs and tissues in civil circulation is becoming increasingly relevant in terms of ensuring the physical and mental integrity of the individual. In civil circulation, human organs and tissues are objects of a civil contract that have property status, but their legal status is not defined by law, as a result of which biomedical research in the field of transplantology is carried out in a legislative vacuum, which is fraught with the risk of violating or infringing human rights. The solution to this problem is to include human organs and tissues in the list of objects of rights provided for by the Civil Code, establishing their legal regime taking into account the purpose of their removal from the human body - as a result of transplantation to become part of another organism to save a person's life, restore health.
Key words: organ; tissue; transplantation; biomedical research; property rights; goods; object of rights; legal regime; donor, recipient; civil code; informed consent, physical and menthal integrity.
DOI: https://10.63925/18294847-2025.19op-10