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Criminal Law Aspects of Crime Prevention Related to Illegal Transplantation

Abstract

Relevance: The main directions of preventive activities in the field of illegal transplantation of human organs and tissues are poorly regulated in the Russian Federation. There is no clear legal system of responsibility for the acts most common in the field of transplantation. The conducted study confirmed the information available in scientific reports on the prevalence in the field of transplantation medicine of trafficking in donated organs and tissues, smuggling, criminal sampling and transplantation of human organs and tissues. The lack of effective legal regulation in the field of human organ and tissue transplantation is a factor in the spread of offenses in this category. The legal system of the Russian Federation does not comply with the dictates of the times, does not take into account changes in the field of transplantation in the era of new technologies. There is no liability for the purchase and sale of human organs, advertising of such actions and other acts related to the use of human organs and tissues. Objectives and methods: The purpose of the study is to analyze the legal system of state policy in the field of crime prevention in the field of human organ and tissue transplantation and to identify areas for improving the effectiveness of regulatory legal acts aimed at suppressing acts related to the seizure or coercion to the removal of human organs. To achieve this goal, the research uses such methods as the analysis of normative legal acts, the generalization of investigative practice materials, the comparative legal method, the method of expert assessments, content analysis of mass media, sociological methods. Results: In the context of global changes in the field of high technologies, an effective legal system in the field of countering commercial donation is important. In the Russian Federation, there is no coherent legal system for protecting the rights of individuals to express their will independently in the field of organ transplantation. For a more successful formation of legal norms in this area, it is necessary to study the positive experience of some foreign countries. Based on a comparative analysis of the legislation of foreign countries and the generalization of scientific reports, it is proposed to establish responsibility for the illegal removal of organs and (or) tissues from a living and inanimate person, the purchase and sale of human organs, advertising of such actions and other acts related to the use of human organs and tissues. Changes in the title and disposition of Article 120 of the Criminal Code are proposed in order to eliminate discrepancies in the interpretation of the norm and to eliminate gaps in law enforcement activities. Practical implications: The results of the study can be used to improve the legal system for the protection of individual rights to self-expression in the field of organ transplantation.

How to Cite this article

Зиядова Д.З., Гафурова З.К. Уголовно-правовые аспекты профилактики преступлений, связанных с незаконной трансплантацией // Право: история и современность. 2023. Т. 8, № 2. С. 167 – 177. doi: 10.17277/pravo.2024.02.pp.167-177