Донорство крові: правовий статус донора та гарантії захисту його прав

The definition of ‘donation of blood and its components’ can be defined as the voluntary donation of blood and its components for therapeutic purposes for its further use in both therapeutic and clinical activities. The Civil Code is the basic act that prescribes the fundamental provisions of donation in all its manifestations. The author shows that demographic, cultural and religious factors have a significant impact on the desire to donate. Particular attention is paid to the relevance of the development of donation in general, as well as to overcoming low donor activity. It is pointed out that the existence of any state depends to a large extent on blood donors, so we need to improve the existing blood donation system in general, making it accessible and understandable to all. Under these circumstances, blood donors are entitled to certain benefits as a compensation mechanism for the direct fulfilment of their donation purpose. In view of this, we can distinguish benefits in the following areas: general legal; additional; special. The analysis of the court practice allowed us to identify the problems with ensuring the protection of donors’ rights. It has been found that the current legislation provides for the possibility of state insurance of donors for the purpose of their further protection against dangerous infections, but this provision is mostly declarative due to the lack of a clear procedure for the above-mentioned insurance. On the basis of the analysis, the author argues that failure by employers to comply with the State guarantees relating to their employees who have become or will become donors may have an adverse impact on their further desire to carry out donor activities or to involve other persons willing to do so. The author comes to the conclusion that the issue of medical examination of a prospective donor is extremely important, and therefore, in this case, it is necessary to highlight its specifics at the legislative level, and it is also appropriate to determine the list of specific circumstances under which an individual could fulfil his or her donation of his or her own free will. At the same time, a detailed regulation of the legal status of a donor would help to eliminate legal discrepancies.