SUBJECTS OF THE CONSTITUTIONAL RIGHT TO MEDICAL ASSISTANCE WITH THE APPLICATION OF TRANSPLANTATION

Abstract

The article examines the composition of the subjects of realization of the constitutional right to medical care with the use of transplantation of human anatomical materials. A study of the subjects of the constitutional right to medical care with the use of transplantation was performed. The article analyzes the concept of medical legal relations and identifies the range of subjects of medical legal relations that directly affect the implementation of the constitutional right to medical care with the use of transplantation. Full human life is not possible without a high level of health, without the normal functioning of organs and systems of the human body. The primary element of constitutional and legal relations are the subjects, ie participants in legal relations that arise, change or terminate on the basis of constitutional and legal norms. Everyone has the inalienable and inalienable right to health care, and at its core is the right to medical care, which includes the right to medical care through transplantation. Transplantation is a rather complex and responsible operation, so it can be used only in the presence of medical indications, which are established by the council of doctors of the health care institution. One doctor cannot decide on an organ transplant, because such a decision cannot be considered objective. Also, transplantation cannot be performed without the consent of the recipient, just as no person can be a donor without their own consent. Therefore, the question arises as to which subjects take part in the exercise of a person’s constitutional right to medical care through transplantation, given that the subjects of constitutional law are participants in public relations, endowed with constitutional legal personality, ie legal capacity and capacity determined by norms constitutional law. The normative base of the research is presented by the national and foreign legislation concerning the issue of the subjects of realization of the constitutional right to medical care with the use of transplantation of human anatomical materials. The material covered in this article will allow readers to explore in more depth the issues outlined in the topic.