COMPARATIVE ANALYSIS OF THE LEGAL REGULATION OF ORGAN DONATION IN THE RUSSIAN FEDERATION, SWITZERLAND AND THE UNITED STATES OF AMERICA

Abstract

For a long time, the transplantation of organs and tissues from one person to another has remained an unsolvable medical problem. Nowadays, donor organ transplantation is a common and successful way to treat patients with terminal organ failure, which undoubtedly makes it more in demand. The largest percentage of all organ transplants involves transplants from people who have already died. In this regard, an important issue is the possibility for a person to express his or her will regarding the posthumous removal of organs for transplantation, and the mechanisms and possibilities of this expression of will as such. The article deals with the provisions of Russian, US and Swiss legislation regulating the organization and functioning of the organ transplantation system in each country; legal relations in the field of organ and tissue transplantation as well as the mechanisms of citizens' will regarding the posthumous removal of organs and tissues for transplantation purposes. Legal problems of realization of such will in the Russian Federation are covered. The ways of solving the arising problems are offered. The role of legislation, including the presumption on the removal of organs, and other factors influencing the increase in the number of transplantations carried out in the country are considered.