Ministry of Health in Ukraine has published on its website for public discussion the draft of bill “On transplantation of organs and other anatomic human materials. The bill will amend the current law of Ukraine, adopted in 1999, as the latter has many disadvantages, which limit the ability of transplantation in Ukraine. First of all, these are disadvantages:

1.  Lack of state regulation of state and municipal institutions’ and public research institutions’ activity related to the transplantation of organs and other anatomic human materials, which leads to situations that make it impossible to preserve the life of the person who needs it.
2. Presumption of person disagreement to become a donor in case of his death, which doesn’t comply with international practice in the field of transplantation. Whereas, the current law does not even has a clear definition of which principle of agreement or disagreement to donate in case of his death is established, as evidenced by Part 6 of Article 16 of this Law.
3. Person’s death diagnosis is general health problem, that’s why it should be regulated by other laws and not relate to sphere of transplantation. Under the current law transplantologists are not eligible to participate in the death diagnosis. Therefore, the  Article 15 in the Law is inappropriate and have to be excluded.
4. Lack of health care institutions eligible to carry out activities related to transplantation.
5.  Low level of people confidence in taking and using organs of deceased donors, that doesn’t comply with international development trends in transplantation.
6. Lack of clear accounting system of donors and recipients.

The new bill provides:

1. Any citizen is able to express their disagreement about his posthumous donation of tissues for life, a written statement about it should be entered in the appropriate register during 24 hours.
2. Taking tissue from deceased person is permitted from the moment the person was declared  dead.
3. Transplantation is not allowed if supervisor received a written statement of transplantation disagreement from relatives of deceased person before taking tissues.
4. Expanding the network of state and municipal health institutions, which can provide tissues and cells transplantations by non-governmental institutions.
5. Removal of the Article 15 on the Procedure of person’s death diagnosis from the current Law because of its unreasonableness.
6. Creation of the supervisory boards, consisting of public representatives, in health care and research institutions, which woukd carry out transplantation.
7. Existence of the Ethics Committee in the institutions and agencies.

Therefore, the bill is created to ensure the constitutional and natural human right to life and health care.

Changing the conditions and procedures of taking of the organs and other anatomical materials from the donor will significantly increase the number of organ and tissue transplantations in Ukraine and improve its’ international image.

You can read the bill here: https://www.moz.gov.ua/ua/portal/Pro_20150626_0.html.