Issue 3 (13) 2011

IMPROVEMENT OF THE CURRENT LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

IMPROVEMENT OF THE CURRENT LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

I.V. Mezhibovskaiya

Kazakh national university named after al-Farabi
71, st. al'-Farabi, Almaty, The Republic of Kazakhstan, 050038
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

The article analyses the legislation of the Republic of Kazakhstan in the field of transplantation of organs, tissues and their components. This type of legal relations regulated by the Code "On people's health and healthcare system" and is presented in the form of social services. Identifies the following directions of legal regulation: 1. The main problems of legislative regulation of organ transplants their terms, donation of blood, its components, sexual, stem cells. 2. Analyses the procedure of provision of such health services, conducting operations in the Republic of Kazakhstan and foreign states, citizens of Kazakhstan. 3. The legal status of donors and reshepients. 4. Procedure of transportation of transplantation material. 5. Directions of international cooperation.

The presence of gaps in the national legislation shall entail frequent use of citizens in need of data operations, the assistance of foreign clinics. It is often the criterion of choice is not the quality and skills of medical activities, and the availability of donor organs and low prices. So, for example, in Pakistan, the donors are waiting for the patients, and not vice versa, and the price of the transaction in some times below, than in other states. However, the quality of operations is very low. Until recently between the Republic of Kazakhstan and Pakistan was signed bilateral agreement, approved by the Governments of the countries, to conduct operations on transplantation of kidney, selection of donors, the organization of preoperative and postoperative care of the patients. However, in view of the fact that the mortality rate in the last two years amounted to almost one hundred per cent, this agreement was terminated. Other agreements of the republic of Kazakhstan on the issues of transplantation were not. There are no other international documents in this type of medical care. Thus, the direction of the legal regulation, in fact completely absent. None of the present day and common international standards in the field of transplantation of organs, tissues and their components.

No less urgent is the problem of legal regulation of the supply of organs and tissues. Fantastic price in conjunction with a legal vacuum, entail criminal actions. These may be classified, such as the removal of organs or tissue from the dead, without the consent of the relatives, and also the traffic of citizens, including international, with the purpose of withdrawal of corresponding body material - "illegal transplantation".

Under Kazakhstan law, the legal status of the donor shall be determined subject principle. So, the donor germ cells can be only the citizens at the age from eighteen to thirty-five years of age, physically and mentally healthy, they do not have the right to information about the fate of their donor germ cells. They have no privileges. Donor blood and its components can be a person at the age of 18 years, passed the medical examination and has no contraindications, regardless of the mental state, and the donor tissues and organs of a man may be, the corpse of a man or an animal. With special requirements to donor status, the legislation does not clearly prescribes the procedure and the form of consent to this operation.

 Keywords: transplantation; donor; recipient; organ transplantation; anatomical gift

Bibliograficheskij spisok

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