LEGAL REGIME OF HUMAN ANATOMICAL/BIOLOGICAL MATERIALS, EMBRYOS AS OBJECTS OF CIVIL LEGAL RELATIONS

Abstract

The article provides a legal description of the legal regime of human anatomical/biological materials, embryos as objects of civil legal relations. During the research, legislative approaches to defining the content of these concepts were established, namely the content of the concepts of anatomical material and biological material, which are enshrined in the Law of Ukraine “On the Application of Transplantation of Anatomical Materials to Humans” and the Licensing Conditions for Conducting Business Activities of Banks of Umbilical Cord Blood, Other Tissues and Cells person, according to the list approved by the Ministry of Health, approved by the Order of the Ministry of Health of Ukraine No. 286 dated 02.03.2016, their common and distinctive elements. The issue of the need to define anatomical and biological materials with a single term was analyzed. The legal nature of these objects in the context of objects of civil law, namely tangible and intangible goods, is determined. The problem of extending the provisions of real property law to anatomical/biological materials, their attribution to the objects of the material world has been investigated. The material value of anatomical/biological material has been established. The issue of recyclability of the mentioned materials was also investigated. Studied the Ukrainian and foreign experience regarding the regulation of somatic human rights. Defined the legal consequences in the case of transplantation of anatomical/biological material to the recipient, personal storage of such material in a biobank, as well as other disposal of such material in the area of real and personal non-property law. The signs of the outlined materials as objects of personal non-property rights have been established. Analyzed the legal relationship between a person and anatomical/biological material and the issues of terminating such a relationship. It is proposed to supplement the Civil Code of Ukraine with Article 179- 1 “Human anatomical/biological materials and non-implanted embryos”, which is intended to regulate the issue of the legal regime of anatomical/biological materials, non-implanted embryos, defining them as special objects of civil rights, establishing the order and legal consequences of the disposal of such materials, their use and storage, as well as creating legal guarantees for donors against unauthorized use of such and genetic data contained in them. In addition, the specified norm establishes the procedure for the transfer of rights to anatomical/biological material, embryos after the death of a person and the prohibition of commercialization of such material.