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LAW OF UKRAINE

of June 23, 1995 No. 239/95-BP

About donorship of blood and its components

(as amended on 02-06-2020)

Development of donorship of blood and its components is important socially necessary issue of the state. This Law governs the relations connected with development of donorship of blood and its components, providing complex of social, economic, legal and medical measures in the organization of donorship in Ukraine and satisfaction of needs of health care in donor blood, its components and medicines.

Section I. General provisions

Article 1. Legislation of Ukraine on donorship of blood and its components

The legislation of Ukraine on donorship of blood and its components consists of this Law and other acts of the legislation issued according to it and determines:

basic principles of the organization of donorship of blood and its components;

the rights and obligations of blood donors and (or) its components (further - donors), healthcare institutions, the companies, organizations, the organizations in the specified sphere;

approval procedure and financings of the state target and local development programs of donorship of blood and its components;

procedure for activities of the healthcare institutions and companies performing capture, conversion, storage and use of donor blood and its components, their realization and the medicines made of them (further - medicines);

procedure for the organization and control of quality of blood, its components, the medicines produced from them, and the preserving solutions;

procedure for providing consumers with donor blood, its components and medicines;

procedure for exchange of donor blood, its components, medicines and export them out of limits of Ukraine.

Article 2. Principles of donorship of blood and its components

Donorship of blood and its components - the voluntary act of declaration of will of the person which consists in giving blood or its components for their further direct use for treatment, production of the corresponding medicines or use in scientific research.

Any capable citizen of Ukraine aged from 18 years who underwent the corresponding physical examination and not having the contraindications determined by the central executive body providing forming of state policy in health sector can be the donor. The faces sore with infectious diseases which can be transmitted through blood, or infected with causative agents of such diseases can be involved in execution of donor function only in case of further use of the received from them blood and (or) its components only for carrying out scientific research, production of diagnostikum and other products which are not appointed for introduction to recipients.

The blood extraction and (or) its components at the donor is allowed only on condition that harm will not be done to health of the donor.

By personal determination of the donor giving blood and (or) its components can be performed gratuitously or with payment which procedure is established by the Cabinet of Ministers of Ukraine.

At the request of any capable person according to the procedure, established by the Cabinet of Ministers of Ukraine, procurement and storage of its own blood and (or) its components, and also blood and (or) its components received from other donors for the purpose of their use in necessary cases for delivery of health care to such person, members of his family or to other persons at his expense can be performed.

Article 3. State target and local development programs of donorship of blood and its components

The state target development programs of donorship of blood and its components affirm the Cabinet of Ministers of Ukraine according to its competence.

Development programs of donorship of blood and its components affirm as the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol the Supreme Council of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city councils.

Article 4. Financing of actions for development, organization and promotion of donorship of blood and its components

Financing of actions for development, the organization and promotion of donorship of blood and its components is performed on the basis of the state target development programs of donorship of blood and its components, appropriate programs of the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol at the expense of means of the Government budget of Ukraine, local budgets, extrabudgetary funds, and also at the expense of charitable fees.

The profit got from realization of the prepared and processed donor blood and its components, and also from realization of the medicines made of them which goes for financing of development programs of donorship of blood and its components, enhancement of technological base of procurement, conversion and storage of donor blood, its components and medicines, promotion of donorship among the population is assessed with tax at the preferential rates according to the procedure, stipulated by the legislation. The legal entities and physical persons performing the charity directed to promotion and development of donorship of blood and its components have tax and other benefits according to the legislation.

Article 5. Obligations of executive bodies and local government bodies on development, the organization and promotion of donorship of blood and its components

 Executive bodies, local government bodies within the powers provide in the territories subordinated to them accomplishment of appropriate programs of development of donorship of blood and its components, financing and material logistics of the public institutions and healthcare institutions performing procurement, conversion, storage of donor blood and its components, and also provision to donors of the privileges established by the legislation of Ukraine.

Article 6. Obligations of heads of the companies, organizations, organizations, commanders (chiefs) of military units on assistance to donorship of blood and its components

Heads of the companies, organizations, organizations, commanders (chiefs) of military units shall:

render assistance to organizations and institutions of health care in work on involvement of citizens in ranks of donors;

to release freely from place of employment, service or study according to their statements of persons which are or showed willingness to become donors, in days of the corresponding physical examination and blood donation and (or) its components, except as specified, when absence of the donor on its workplace or the duty station these days can lead to threat of life or human health, failure to carry out of the tasks connected with ensuring defense, safety of the state and public order, to essential material damage or other heavy consequences;

provide gratuitously necessary rooms for blood extraction and (or) its components;

resolve the issues of provision carried by this Law to their competence to donors of the corresponding privileges and compensations.

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