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  • Title: [THE STATE OF INTERNATIONAL LEGAL REGULATION OF CADAVERIC DONATION: ON THE PATH TO UNIFICATION (REVIEW)].
    Author: Slipchenko S, Shyshka O, Buletsa S, Sinegubov O, Hrynko R.
    Journal: Georgian Med News; 2018 Oct; (283):175-179. PubMed ID: 30516518.
    Abstract:
    The purpose of this study is to assess the current state of international legal regulation of cadaveric donation and determine the possibility of its further unification. Therefore, the subject of the study was the legal regulation of cadaveric donation as a certain part of medicine. In particular, the work examined the norms of international law, as well as the separate provisions of the national legislation of different countries, aimed at regulating relations in the field of cadaveric donation. Also analyzed the results of scientific research on this subject. During the study, different methods of cognition were used. In particular, the historical method allowed to establish trends in the development of legal regulation of cadaveric donation. The comparative-legal method has given an opportunity to highlight the peculiarities of national regulation of relations associated with cadaveric retrieval of organs in some individual countries and correlated them to international legal experience. The statistical method has given an opportunity to establish the effectiveness of the application of a legal construct, its ability to overcome the "deficit" of the bodies and a fair distribution between the recipients. On the basis of the dialectical method, the conclusion was drawn about the possibility of developing common standards for the legal regulation of relations in the area of cadaveric donation. Other methods were used in this work, including: formal-logical, dogmatic, modeling, analysis and synthesis. The result of the study was the conclusion about the need and the possibility of forming a single international standards for the legal regulation of cadaveric donation, and in the context of globalization, there is an urgent need to create a universal Model code on donation and transplantation.
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