FOREIGN EXPERIENCE IN THE PREVENTION AND PREVENTION OF CRIMES RELATED TO ILLEGAL TRANSPLANTATION
Keywords:
transplantation, human anatomical materials, donor, recipient, human organs and tissues, latent crimes, Interpol and Europol, transplantologyAbstract
Today, transplantation is one of the most high-tech modern medical technologies; dynamically developing and has a number of problems of legal regulation. Taking into account foreign experience, transplantology in Ukraine remains practically in its infancy. The methodological basis of the study consists of methods of comparison, analysis and interpretation. The article establishes that in Ukraine there are very “soft” punishments for violating the procedure established by law for transplanting anatomical materials to a person. The causes and conditions contributing to the illegal transplantation of human organs and (or) human tissues in Ukraine were investigated. The basis for the emergence, and then the threatening growth, of illegal transplantation of human organs and tissues are negative political, social and economic processes taking place both in individual EU countries and beyond. The causes of this type of crime in our country are largely in the ways of implementing the legislation of Ukraine. The state cannot fully ensure the full realization of what it claims. A striking example of this is the adoption of the new Law “On the Application of Transplantation of Anatomical Materials to Man”, but not the development of specific mechanisms for its implementation within a certain time frame, with the establishment of specific responsible persons. The author emphasizes the importance of the struggle of the world community with criminal transplantation. The system created by the author to prevent and combat crimes related to illegal transplantation is a set of concerted actions to identify the causes and conditions conducive to the commission of crimes, and take appropriate preventive measures to prevent them. It is important to reform the criminal legislation in the field of transplantology - a separate part of article 143 of the Criminal Code of Ukraine needs to prescribe the harsh criminal liability of a special subject of this type of crime - an official. Based on a study of British and American concepts of crime prevention, as well as advanced European experience, general social and special criminological measures have been identified.