of December 22, 1992 No. 4180-I
About organ transplantation and (or) tissues of the person
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.
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.
The part three voided according to the Federal Law of the Russian Federation of 01.05.2022 No. 129-FZ
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.
The part five voided according to the Federal Law of the Russian Federation of 01.05.2022 No. 129-FZ
Heart, lung, kidney, liver, marrow, haematopoietic stem cells 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.
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, haematopoietic stem cells) 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.
The fence and procurement of bodies and (or) tissues of the person, and also their transplantation are performed in the medical organizations of the state health care system and municipal health care system
The part two voided
The list of the medical organizations which are carrying out intake and procurement of bodies and (or) tissues of the person, the list of the medical organizations 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.
The medical certificate about need of organ transplantation and (or) tissues of the person is given by consultation of doctors of the relevant medical organization 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.
Organ transplantation and (or) tissues of the person is allowed in the presence of the written informed voluntary consent of the full age capable recipient, and concerning the minor recipient or the recipient recognized in the procedure established by the law incapacitated if it on the condition is not capable to give the written informed voluntary consent, - in the presence of the written informed voluntary consent of one of parents or other legal representative. At the same time the recipient or his legal representative shall be warned about possible complications for health of the recipient in connection with the forthcoming surgery. The procedure for giving the written informed voluntary consent and its form are established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in health sector.
Organ transplantation and (or) tissues of the person to the recipient without its consent or without the consent of one of his parents or other 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.
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.
Removal of organs and (or) fabrics at corpse for transplantation is not allowed if:
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