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LAW OF THE REPUBLIC OF ARMENIA

of May 11, 2002 No. ZR-324

About organ transplantation and (or) tissues of the person

(as amended on 27-06-2022)

This Law establishes the legal basis of organ transplantation and (or) tissues of the person, the right and obligation of the donor, recipient and medical institutions, and also governs the relations connected with transplantation.

Provisions of this Law do not extend to bodies, their parts and fabric concerning process of reproduction of the person (ovum, ovaries, testicles, sperm, embryos) and also to blood and its components.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

transplantation - replacement of the fabrics or bodies which are absent or damaged owing to pathological process with own or taken from other organism fabrics or bodies;

fabric - community of the created cages and the extracellular material united by unity of origin, structure and functions;

body - the part of body which is consisting of various fabrics (one of which main) and having certain form, differing in the accurate structure, the certain place taken in organism and activity;

brain death - the complete and irreversible cessation of activity of brain which is stated in the conditions of the working heart and artificial ventilation of lungs. Death of brain is equivalent to the death of the person;

the living donor of bodies and (or) tissues of the person - the physical person which is voluntarily providing in the procedure established by this Law the bodies and (or) fabrics for the purposes of transplantation;

the cadaveric donor of bodies and (or) tissues of the person - corpse of the person from which bodies and (or) fabrics after death of brain and ascertaining of the fact of death according to the procedure are withdrawn, established by authorized body of public administration in the field of health care (daleeupolnomochenny body);

the recipient - physical person to which in the medical purposes there shall be transplanted organs and (or) fabrics;

the transplanted bodies - bodies, fabrics or their parts of the living or cadaveric donor which can be used for the purpose of transplantation.

Article 2. Change conditions

Change from the living donor or from corpse can be made only in that case when other medical actions cannot guarantee rescuing of life and recovery of health of the person.

It is forbidden to turn the bodies and fabrics taken from the living or cadaveric donor into profit source.

In sense of this Law, profit obtaining or the requirement or the promise of obtaining or adoption of the offer of money, property, the right to property, securities or other benefit personally or through the intermediary for themselves or other person is considered.

Article 2.1. Register of donors and recipients of bodies and fabrics

The register of donors and recipients of bodies and fabrics is provided by unified information system in the field where the following data are registered:

a) cases of organ transplantation and fabrics;

b) information on donors and recipients of bodies and fabrics;

c) information on persons who refused to act as donors during lifetime.

The procedure for activities of the register of donors and recipients of bodies and fabrics, registration and uses of data establishes authorized body.

The data registered in the register of donors and recipients of bodies and fabrics are considered as medical secret and can be provided to authorized medical institutions, taking bodies and fabrics for change and engaged in their processing and change, and in the cases provided by this Law.

Article 3. The list of the bodies and (or) fabrics which are subject to transplantation

The list of the bodies and (or) fabrics which are subject to transplantation is established by authorized body.

Only one of pair bodies, unpaired part of body or its fabric which absence cannot cause the changes posing hazard to life of the donor can be withdrawn from the living donor for the purpose of transplantation.

Voided according to the Law of the Republic of Armenia of 17.10.2011 No. ZR-256

Voided according to the Law of the Republic of Armenia of 17.10.2011 No. ZR-256

Article 4. The medical institutions performing withdrawal, processing and transplantantion of bodies and (or) fabrics for transplantation

Withdrawal, processing, and also organ transplantation and (or) fabrics for transplantation is allowed only in the relevant licensed medical institutions.

Rules of withdrawal, processing, and also procedure of organ transplantation and (or) fabrics for transplantation are established by authorized body.

Article 5. The medical certificate about need of transplantation

The procedure for issue of the medical certificate about need of transplantation is established by authorized body.

Article 6. Consent of the recipient to transplantation

Transplantation is performed from written consent of the recipient.

The recipient is in writing warned about possible complications in connection with the forthcoming surgery in the 15-day time preceding transaction.

If the recipient did not reach 18 years or he is in accordance with the established procedure acknowledged the disabled person, then transplantation is performed from written consent of his parents or the legal representative.

Without the consent of the recipient, his parents or the legal representative of its interests transplantation to the recipient can be made only in exceptional cases when the delay of transplantation threatens life of the recipient, and receipt of consent according to the procedure, established by this Law, it is impossible.

Chapter 2. Withdrawal for the purpose of organ transplantation and (or) fabrics for transplantation at the cadaveric donor

Article 7. Precondition of consent to capture of bodies and fabrics at the cadaveric donor

Bodies and fabrics for the purpose of change cannot be taken from corpse only in that case when this person during lifetime according to the procedure, established by the legislation of the Republic of Armenia, refused to act after death as the donor of bodies and fabrics.

In case of absence in the register of donors and recipients of bodies and fabrics of its decision on performance as the cadaveric donor bodies and fabrics for the purpose of change can be taken from corpse with the consent of his native (relatives) in the following first priority:

a) spouse (and);

b) full age child;

c) one of parents;

d) brother or sister;

e) the grandfather or the grandmother from father's or mother's side.

In the presence of several family of one first priority there are enough awareness and consent only of one of them.

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