ŠTA NAM DONOSI PREDLOG ZAKONA O IZMENAMA I DOPUNAMA ZAKONA O PRESAĐIVANjU LjUDSKIH ORGANA PO PITANjU USLOVA ZA DARIVANjE ORGANA SA UMRLOG LICA?

Abstract

Establishing an adequate and balanced legislative framework for human organ donation in general, including the segment of regulating the conditions for the deceased organ donation, assumes the existence of balanced protection of basic human rights and the dignity of organ doners and recipients with simultaneus realization of the interests related to social solidarity. With the aim to find the answer to the question whether future Serbian regulations will achieve this balance, the author of this paper gives a critical overview of the provisions of the draft Law on changes and amendments of the Law on Transplantation of Human Organs. The author's attention is focused on the advantages and disadvantages of the model of the consent to postmortem organ retrieval, chosen by the legislators, regulating the legal capacity for giving the statement opposing organ donation, proposed requirements for formal validity of the statement opposing organ donation and regulating the rights of third persons to make decisions on the postmortem organ retrieval. The author compares the solutions proposed in this draft Law with those from the contemporary European laws regulating this matter, as well as with those from initial version of the Law on Transplantation of Human Organs which ceased to exist based on the decision of the Constitutional Court. The author finds out that some provisions of the draft law constitute its upgrade, but at the same time observes that there are some legally unacceptable solutions, unclear and incomplete norms which leave a number of issues disputable and subject to different interpretations.