ПРАВНО РЕГУЛИСАЊЕ ДОНИРАЊА, ТРАНСПЛАНТАЦИЈЕ ОРГАНА, ЋЕЛИЈА И ТКИВА У СРБИЈИ
LEGAL REGULATION OF ORGAN DONATION AND TRANSPLANTATION OF ORGANS, CELLS AND TISSUES IN THE REPUBLIC OF SERBIA

Summary/Abstract: The legal protection of the basic human values (life, physical integrity, human dignity, privacy) is the primary objective of every single state. In the last couple of decades there have been extraordinary scientific results not only in applying transplantation as a therapeutic treatment both ex vivo and ex mortuo but also in discovering new medicaments for suppressing the immunological rejection of implanted organs. However, there are cases when the human integrity and right to privacy may be violated by some illicit act, when the process of taking organs for transplantation may involve either some abuse or the use of force, threat, coercion or fraud. Therefore, it is necessary to give due consideration to the legal regulation of organ donation and transplantation issues in order to ensure that medical experiments are conducted in an admissible manner, in compliance with the latest scientific achievements and without causing any harm to the patient, as well as in order to provide for the observance of the human right to health and human integrity. In this paper, the author focuses on the legal regulation of organ donorship and transplantation of organs, cells and tissues in the Republic of Serbia. The Republic of Serbia has adopted two significant legal acts which marked the beginning of a more comprehensive legal regulation in this area: the Organ Transplantation Act and the Act on the Transplantation of Organs, Cells and Tissues. Given the fact that the legal provisions on these issues have been regulated in compliance with the regulations and standards of the European Union, the legislation has laid grounds for the international organ exchange.

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