ORGAN TRANSPLANTATION UNDER THE LEGISLATION OF AZERBAIJAN: A CRIMINAL LAW ANALYSIS

The legal regulation of organ transplantation in Azerbaijan is currently in an active phase of development, seeking to balance the significant life-saving potential of transplants with the need for robust ethical standards and effective criminal law safeguards.This article provides a comprehensive analysis of the Azerbaijani legal framework governing organ donation and transplantation, with particular emphasis on the criminal law provisions addressing illegal organ trade and unlawful transplantation practices.The paper traces the evolution of relevant national legislation, beginning with the 1999 Law on Human Organ and (or) Tissue Transplantation and culminating in the adoption of the new Law on Donation and Transplantation of Human Organs and (or) Tissues in 2020.Attention is given to key articles of the Criminal Code that establish liability for offenses such as coercive organ removal, the commercial sale of organs, and trafficking in human beings for the purpose of organ harvesting.The article also explores law enforcement and judicial practice through the lens of documented cases of illegal transplantation and organ trafficking in Azerbaijan, emphasizing the main difficulties faced in identifying such crimes and bringing perpetrators to justice.In addition, a comparative analysis is conducted to assess the extent to which Azerbaijan's legal framework aligns with international standards, including the World Health Organization's Guiding Principles on Human Cell, Tissue and Organ Transplantation and the relevant conventions of the Council of Europe.Particular focus is placed on the principles of voluntary and informed consent, the absolute prohibition of organ commercialism, the severity of legal sanctions, and the role of international cooperation mechanisms.The study concludes that although Azerbaijani law formally prohibits illegal organ trade and includes penalties that reflect global legal standards, there remain persistent challenges related to law enforcement capacity, public awareness, and the underdevelopment of cadaveric donation systems.