Journal article Open Access
H.I. Mykhaylova, A.A. Sorokin
The article considers the main problematic aspects of the development and prevalence of illegal trade of human bodies, anatomical and fetal materials in Ukraine. The development of medical and cosmetic spheres presents new challenges to the state and civil society, related to the development of trafficking of human anatomical and fetal materials. Considering this, it is worth focusing on resolving the issues of legislative regulation of certain aspects related to transplant processes. The development of the "black" transplant market causes a number of related problems, in particular: the development of transplant and medical tourism as a negative phenomenon in society, an increase in the number of cases of illegal abortions, an increase in the level of latent crime in the field of illegal bodies transplantations, society’s mistrust to law enforcement systems. In view of the increasing of trends in the development of cosmetology and restorative medicine, which most commonly use fetal and embryonic stem cells, it is important to highlight this issue in the area of criminal liability for artificial termination of pregnancy. The author suggests possible alternative ways of solving the problem of illegal trafficking of human bodies, anatomical, fetal and embryonic materials removed after the artificial termination of pregnancy. In particular, attention was drawn to some of the gaps in human health legislation, such as the removal of post-abortion materials, xenotransplantation, the production of bioimplants, the circulation of fetal and embryonic materials and their subsequent use in the cosmetic field. Minimizing the negative effects of illegal trading of human bodies and anatomical materials is only possible through the implementation of quality state regulation of the medical sector and transplant activities at the legislative level. The state should support and finance the activities related to the protection of the health protection, there should be a multilevel state control over trafficking of anatomic and fetal materials and a Unified State Information System of Transplantation should be launched.