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LAW OF THE RUSSIAN FEDERATION

of December 22, 1992 No. 4180-I

About organ transplantation and (or) tissues of the person

(as amended on 08-12-2020)

This Law determines conditions and procedure for organ transplantation and (or) tissues of the person, relying on modern achievements of science and medical practice, and also considering recommendations of the World Health Organization.

Transplantation (change) of bodies and (or) tissues of the person is resort of life and recovery of health of citizens and shall be performed on the basis of compliance with law of the Russian Federation and human rights according to the humane principles proclaimed the international community, at the same time interests of the person shall prevail over interests of society or science.

Section I. General provisions

Article 1. Conditions and procedure for organ transplantation and (or) tissues of the person

Organ transplantation and (or) fabrics from the living donor or corpse can be applied only if other medical means cannot guarantee preserving life of sick (recipient) or recovery of his health.

Removal of organs and (or) fabrics at the living donor is admissible only if considerable harm will not be done to his health according to the conclusion of consultation of specialists doctors.

Organ transplantation and (or) fabrics is allowed only with the consent of the living donor and, as a rule, with the consent of the recipient.

Bodies and (or) tissues of the person cannot be purchase and sale subject. Purchase and sale of bodies and (or) tissues of the person attracts criminal liability in accordance with the legislation of the Russian Federation.

Transactions on organ transplantation and (or) fabrics to recipients are made on the basis of medical indications according to general rules of carrying out surgeries.

Article 2. The list of bodies and (or) tissues of the person - objects of transplantation

Heart, lung, kidney, liver, marrow and other bodies and (or) fabrics which list is determined by the federal executive body performing functions on development and realization of state policy and normative legal regulation in health sector together with the Russian Academy of Sciences can be objects of transplantation.

Operation of this Law does not extend to bodies, their parts and fabric concerning process of reproduction of the person, including reproductive fabrics (ovum, sperm, ovaries, testicles or embryos) and also to blood and its components.

Article 3. Restriction of circle of living donors

Removal of organs and (or) fabrics for transplantation is not allowed at the living donor who did not reach 18 years (except as specified bone marrow transplantations) or recognized in accordance with the established procedure incapacitated.

Removal of organs and (or) fabrics is not allowed if it is determined that they belong to person having the disease posing hazard to life and health of the recipient. Removal of organs and (or) fabrics for transplantation at persons which are in job or other dependency from the recipient is not allowed.

Compulsion of the living donor by any person to consent to withdrawal at it of bodies and (or) fabrics attracts criminal liability in accordance with the legislation of the Russian Federation.

Article 4. The healthcare institutions which are carrying out intake, procurement and organ transplantation and (or) tissues of the person

The fence and procurement of bodies and (or) tissues of the person, and also their transplantation are performed in the public and local government offices of health care.

The list of the healthcare institutions which are carrying out intake and procurement of bodies and (or) tissues of the person, the list of the healthcare institutions performing organ transplantation and (or) tissues of the person, and also the rule of implementation of activities of the specified organizations affirm the federal executive body performing functions on development and realization of state policy and normative legal regulation in health sector together with the Russian Academy of Sciences.

Article 5. The medical certificate about need of organ transplantation and (or) tissues of the person

The medical certificate about need of organ transplantation and (or) tissues of the person is given by consultation of doctors of the relevant healthcare institution as a part of the attending physician, the surgeon, the anesthesiologist, and in need of doctors of other specialties based on the instruction of the federal executive body performing functions on development and realization of state policy and normative legal regulation in health sector.

Article 6. Consent of the recipient to organ transplantation and (or) tissues of the person

Organ transplantation and (or) tissues of the person is performed from written consent of the recipient. At the same time the recipient shall be warned about possible complications for his health in connection with the forthcoming surgery. If the recipient did not reach 18 years or is acknowledged in accordance with the established procedure incapacitated, then such change is performed from written consent of his parents or the legal representative.

Organ transplantation and (or) fabrics to the recipient without its consent or without the consent of his parents or the legal representative is made in exceptional cases when the delay in carrying out the corresponding transaction threatens life of the recipient, and it is impossible to receive such consent.

Article 7. Action of international treaties

If the international treaty in which the Russian Federation participates establishes other rules, than those which are specified in this Law then are effective rules of the international treaty.

The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Section II. Removal of organs and (or) fabrics at corpse for transplantation

Article 8. Presumption of consent to removal of organs and (or) fabrics

Removal of organs and (or) fabrics at corpse is not allowed if the healthcare institution at the time of withdrawal is informed that during lifetime this person or his close relatives or the legal representative declared the disagreement on withdrawal of its bodies and (or) fabrics after death for transplantation to the recipient.

Article 9. Determination of the moment of death

Bodies and (or) fabrics can be withdrawn from corpse for transplantation if there are indisputable proofs of the fact of death fixed by consultation of specialists doctors.

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