Transplantation of human organs and (or) tissues is an effective means of saving lives and restoring health of citizens. The achievements of modern medical science contribute to a significant reduction in the potential adverse effects of such operations, which largely determines their prevalence and effectiveness. At the same time, the availability of such high-tech medical care raises certain concerns due to the insufficiency of human organs and (or) tissues suitable for transplantation. In this regard, the most promising is the introduction of modern additive technologies (3D bioprinting) into medical practice. However, the rapid development of new medical methods determines the need to address the most complex bioethical and legal problems associated with the need to ensure respect for human dignity and prevent violations of the integrity of the individual. As a result, the legal principles of creation and use of bioprinted human organs in this paper are the following: the principle of inadmissibility of obtaining donor cell material to create a bioprinted human organ in the absence of explicit and specific consent, the principle of permissible use of the resulting cell material. The principles of exclusivity and noncommercialization of the human body should retain limited effect: the first principle — in terms of allowing the production of cellular material to create a bioprinted human organ to be transplanted, only for the treatment of the recipient, and the second — in terms of determining the legal regime of cellular material and bioprinted human organs. The paper emphasizes the importance of extending the principle of priority of human interests over the interests of society and science to the analyzed sphere. In turn, models of legal regulation of social relations arising from the removal and transplantation of human organs and tissues, on the one hand, and about the creation and use of bioprinted human organs, on the other hand, should be based on the principles of unity and differentiation.
In the context of the rapid development of new medical technologies, the problem of protecting the rights of citizens and ensuring respect for human dignity is becoming increasingly urgent. The authors come to the conclusion that the protection of the patient’s rights when using genomic technologies can be carried out in the order of claim proceedings. Typical methods of protection are recovery of damages in the event of injury to health, compensation for moral damage in connection with the violation of such non-material benefits as life, health, physical integrity, privacy. Particular attention is given to the problem of children’s rights protection when using genomic technologies, including the right to natural biological origin, the right to know their biological parents and family (genetic) history, since the use of advances in genetics and biomedicine by one generation of people can be a serious challenge to the existence of fundamental freedoms and equality of future generations.At the moment, states should define the limits of possible intervention in the sphere of private (parental) arbitrariness in order to prevent future harm to children born with the help of modern technologies. Consideration of individual problems of the rights of citizens protection when using genomic technologies indicates objective difficulties in finding solutions due to bioethical principles, the need to ensure a fair balance between the interests of the parties to the relevant relationship and third parties, and the need to minimize potential risks. The breakthrough achievements of medical and biological science pose an important task for the state to develop an effective system of legal guarantees aimed at ensuring respect for human dignity, protecting the rights and interests of an individual, preventing the biotechnological construction of a person for the purposes of eugenic practice, etc.
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