Article information
Article`s title
Criminal Law Aspects of Crime Prevention Related
to Illegal Transplantation
Authors
D. Ziyadova 1,
Z. Gafurova 2
Volume
2 (
2024)
Keywords
criminal law aspects,
transplantation of human organs and
tissues,
commercial donation,
illegal transplantation,
improvement of the legal system. 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
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DOI:
https://doi.org/10.17277/pravo.2024.02.pp.167-177
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167-177
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About authors
1
D. Ziyadova
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2
Z. Gafurova
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