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1.1. Formation of transplantology and a problem of illegal withdrawal and a turn of bodies of a human body

Rapid development of a science and technics has created in the XX-th century unique possibility to investigate and use in practice new methods of treatment of a human body.

Possibility of transplantation of bodies and fabrics became one of them.

Application of the given method, undoubtedly, has opened real prospects of prolongation of a life of people, by replacement of the knocked bodies.

Have been scientifically developed and transferred in wide medical practice of a technique of change of heart, kidneys, a liver and some other bodies, their parts and separate fabrics [6].

As has noted B.V.Petrovsky, the transplantology has opened new possibilities and methods of treatment for rescue of human life and change and creation of artificial bodies can be comparable with opening of an atomic energy and an era of space flights [7].

Transplantation of bodies and fabrics (from an armour. transplantare - to replace) — replacement of the damaged or absent fabrics or bodies own fabrics [8] or fabrics and the bodies taken from other organism [9].

Transplantation of bodies and fabrics represents medical operation with participation of the donor [10] - persons from whom withdraw suitable body for the further change, and the recipient [11] requiring them, and also artificial bodies.

Possibility of replacement of the knocked bodies and fabrics occupied with the healthy human minds long before our epoch. So, mentions of change of bodies from animals to the person meet in the Greek mythology. Attempts of transplantation of fabrics with casual success in days of the Middle Ages are besides, known. In treatise De curtorum chirurgia per insitionem, published in 1597, Taljakotstsi (G. Tagliacozzi) has described a technique of change of a fabric for the purpose of restoration of the form of the nose, known for today as the Italian method skin plastics.

Transplantation is connected with the right, in essence, from the very beginning of its introduction in medical practice. With a certain stretch it is possible even to approve, that medicine the right has led to transplantation. The matter is that from the moment of state and right occurrence to the persons who have committed crimes, mutilating punishments were widely applied. To criminals cut feet, hands, a nose etc. from the criminal to whom have sewn a nose, operations on change of skin fabrics which were spent by Old Indian doctors have begun. From a forehead they cut out a piece of a skin of the necessary size and imposed it on a nasal bone, forming missing body [12].

At the same time practice of carrying out of various kinds of transplantations in the world long time was braked by inability effectively to suppress reactions of tearing away of the anatomic segments replaced by the patient («cellular immunity»), that was a serious biological problem. Only with opening of a narcosis and progress of experimental surgery, introduction in clinical practice aseptikov and antiseptic tanks, working out of technics of a vascular seam [13], formation on a joint of biology and medicine of such fundamental sciences as the immunology and genetics, decoding of laws of ability to live of an organism and mechanisms of preservation genetic gomeostazisa in various conditions of existence of an organism has allowed to plan real ways of perfection of the given method of treatment.

Transplantology progress was promoted F.Berneta and P.Medavara's by researches, established possibility of creation of genetic tolerance - inability of a human body to develop an antibody; F.Snella and P.Djusse's researches, opened one of secrets of the nature — incompatibility of fabrics at the transplantation, defining all reactions of tearing away, and put forward position about conditionality of successful change of fragments of an organism genetic uniformity of the donor and the recipient [14]. A.Karrel in beginning HH of century has spent the first operations on transplantation of bodies, has been awarded by the Nobel Prize on physiology and medicine in 1912 «for a recognition of its work on a vascular seam and transplantation of blood vessels and bodies» [15].

Floor-mat in 1958 has made an attempt transplantations of a bone brain to the Yugoslavian physicists, podvergshimsja to an irradiation at failure of a nuclear reactor.

On March, 1st, 1963 Thomas E.Starzlom had been made for the first time liver transplantation.

On June, 11th, 1963 James Hard has carried out the first change of lungs.

Christian Barnard, the surgeon-transplantolog, in 1967 has executed the first-ever change of heart from the person to the person [16].

It is necessary to notice, that the invaluable contribution to transplantology development was brought also by domestic scientists. Origin of transplantation of bodies in Russia it is connected with activity of outstanding surgeon N.I.Pirogova. In 1835 he has read lecture «About plastic operations in general, about nose plastic in particular». N.I.pie has in details analysed for the first time a problem of change of bodies and fabrics and has stated interesting thoughts on its further development [17].

As academician V.I.Shumakov marks: «Scientific bases of change of various fabrics and bodies have been put in pawn in the XIX-th century. Since times great Pirogova the transplantology developed within the limits of surgery though used achievements of other branches of medicine and biology» [18].

The considerable contribution to transplantology development to this period was brought by such scientists, as JU.K.Shimanovsky, K.K.Shtrauh, F.F.Feygin, V.M.Antonevich, K.M.Sapezhko, P.I.Karpinsky, P.J.Pjasetsky and others.

In 1899 - 1924 P.I.Bahmetev, F.A.Andreev, N.P.Kravkov was carried out by researches of viability of various fabrics that promoted opening transplantatsionnogo immunity [19].

During the period with 1928 for 1930 to A.A.Kuljabko, V.N.Shamova, S.S.Yudin for the first time in the world have proved possibility of transfusion of cadaveric blood, and V.P.Filatov in 1931 of successful change of a cornea of a corpse [20].

On April, 3rd, 1933 in Kherson the Soviet surgeon JU.JU.black had been made the first-ever change of a cadaveric kidney [21]. From here it is possible to draw a conclusion that the priority of change of bodies from a corpse belongs to the Soviet scientists [22].

In days of the Great Patriotic War at the front Vladimir Petrovich Demihov [23] shared the plans of change of bodies with colleagues. After the end of war it was arranged in Institute of experimental and clinical surgery AMN the USSR managing experimental laboratory. Because post-war time was very heavy, laboratory placing at the institute was not represented possible, and he spent the first experiments in nursery for office dogs near Moscow [24].

In 1946 for the first time in the world it has successfully carried out original operations on change of heart and lungs at dogs. Change of a head of a puppy on a neck of his mother became phenomenal experiment. Such dvuhgolovaja the dog led a usual way of life and its both heads normally reacted on external razdrazhiteli, accepted food. Thereby technical possibility of change of any vital body [25] has been proved.

Working in MNII first aid of N.V.Sklifosovsky since 1952, Vladimir Demihov has executed for the first time liver transplantation. In 1960 it has published the monography «Change of the vital bodies in experiment» which became a unique management in the world on transplantology. The book is translated on some languages.

The transplantology sphere has essentially extended for the account of new, rather perspective direction – changes of artificial bodies. In the USSR such operations have been begun at the initiative of academician B.V.Petrovsky still in 1966 [26]. It has made the successful transplantation of a kidney first in the USSR in 1965.

Let's notice, that the huge contribution to development transplantologicheskoj the help in Russia academician V.I.Shumakov [27] who also is one of founders of clinical transplantology, the founder of a science about artificial bodies, temporarily or constantly, partially or vital bodies of the person completely displacing broken function (has brought hearts, lungs, kidneys, a pancreas). It in our country has applied for the first time in clinical practice artificial zheludochki hearts and artificial heart. In 1986 V.I.Shumakov has spent the successful change of heart first in Russia.

To the middle of 1970th years surgeons in the different countries of the world had been made in total 228 transplantations of a liver, but only no more than in 20 cases they have led to rehabilitation of recipients [28]. The same years in the Brazilian, Chilean and Argentina newspapers it was already possible to see announcements of the potential donors offering the bodies [29].

Transplantation is not only difficult operation on the workmanship, but also represents medical intervention which demands the preliminary decision stolkih unexpected legal problems that is enough for creation of independent legal acts about transplantation [30]. Considering complexity of made operative interventions, their carrying out, and also conditions and an order of reception by the medical organisation replaced in a body of the recipient transplantantov from the live or died donor, preparation, processing and storage of a donor material are regulated in the majority of the countries of the world by the special legislation on transplantation and the corresponding subordinate legislation [31].

M.D.Shargorodsky truly wrote: «rescue of a life of one person for the account of another Is inadmissible. The life of all people is equivalent. Human life which should die soon, is protected by the right the same as also a life of any other person. Any eksperimentirovanie is in public admissible only from their consent» [32].

Transplantology origin has resulted not only in essential jump from the point of view of development of a medical science and practice, but also has generated set of problems for jurisprudence.

V.P.Salnikov and Of this year Stetsenko consider fair «reference of transplantation of bodies and fabrics to one of variants of treatment which is shown at variety of diseases. At the same time in transplantology there are the certain directions which are at a stage of scientific tests which from the legal point of view can be carried to medical experiment» [33].

G.M.Krasnovsky notices, that the legislator recognises transplantation as a method of treatment [34].

It is impossible to disagree with J.D.Sergeevym believing, that transplantation became a reality, has passed from a stage of experimental working out in area of practical public health services. According to the author, transplantation opens huge prospects before mankind and it posesses the great future, to build which it is necessary on a strong legal and scientific medical basis [35].

M.S.Mukashev and V.V. Nabiev consider, that «transplantation of bodies and fabrics is a version of methods of treatment which differ from all other methods necessity of the donor» [36]. Authors as the basic sign of transplantation as a treatment method, define participation in arising between the executor of medical services and the patient the relation of the special subject — the donor [37]. Really, only in the presence of the donor it is possible to carry out transplantation of bodies, but nevertheless it is not necessary to consider only one donor as the special subject. At the given method of treatment and the recipient, both the donor, and the medical organisation inseparably linked among themselves, otherwise, at otpadenii one of three subjects of the relations, no transplantation can be.

In connection with prompt development of transplantology in Russia and in the world as a whole, a large quantity of the patients requiring operations on change of bodies, demand for bodies and (or) fabrics of the person has increased. It promoted occurrence and growth of illegal trade by bodies of a human body.

Special concern is caused by messages on missing persons, in law enforcement bodies quite often come out with assumptions that some of them can become victims of criminal transplantology.

To define real scales of illegal circulation of bodies of the person and to understand character and methods of this criminal activity it is hard, considering the latent character of the given problem and the big number of various participants of this activity. The given question is difficult also because it includes technical, ethical, legal and medical aspects which can cause the contradictions which yet were not involving in steadfast attention in a number of the states and in details not worked [38].

Global comparison of data concerning illegal circulation of bodies and fabrics of the person is at a loss absence of uniform definition and consecutive statistical data and messages on these crimes. The crimes connected with illegal circulation of bodies of the person, or associate with other kinds of crimes and are registered as those, or because of fears or feeling of shame of victims do not find any reflexion in official reports [39].

In the majority, the illegal turn of bodies and fabrics of the person is considered as an element of a crime of a human trafic. According to article 3 "and" the Report on the prevention and human trafic suppression, especially women and children, and punishment for it, supplementing the Convention of the United Nations Organization against the transnational organised crime 2000 [40], the concept "human trafic" means recruitment carried out with a view of operation, transportation, transfer, concealment or reception of people by threat by force or its application or other forms of compulsion, abduction, swindle, a deceit, abuse of authority or vulnerability of position, or by payoff in the form of payments or benefits for reception of the consent of the person supervising other person. Operation includes at least operation of prostitution of other persons or other forms of sexual operation, forced labour or services, slavery or the customs similar to slavery, serfdom or extraction of bodies.

According to the international experts, every year in hands of dealers the live goods gets to 2 million persons from which about 80 percent it is necessary on women and girls. By approximate calculations annual illegal incomes of the given criminal business constitute 150,2 billion US dollars [41], but, certainly, really to estimate incomes of similar criminal activity it is not obviously possible.

The human trafic structure evolves together with social and economic changes in a society, and dealers correct methods of the activity in compliance with these changes [42].

Researches of the international experts and the available information in considered area confirm opinion that the human trafic is even more often carried out not only for the purpose of sexual operation and forced labour, but also with direct intention of illegal withdrawal and sale of bodies and fabrics of a victim of a crime. And though data that abducted people with that end in view, very little, undoubtedly one: «the black market» bodies of a human body exists and the profit [43] makes.

The main problem that now any country not in a condition to the full to satisfy requirements for human bodies for change and number of the people expecting operation on change of bodies, grows faster, than their offer.

According to international and domestic ethical and it is standard-legal documents, at distribution of bodies for transplantation are guided by three proved enough criteria: degree of compatibility of pair the donor-recipient, ekstrennostju situations and duration of a finding in "waiting list". All three criteria are absolutely objective [44]. However now there is a practice of treatment of so-called commercial patients which bring money resources for granting of medical services in sphere of transplantation and receive a necessary transplant, passing sequence.

According to the information of Ministry of Health and social development of the Russian Federation, for today the general number of transplantations last years has increased twice, having reached 1,4 thousand a year, however it less than 16 % from the general requirement. At the seventh All-Russia congress transplantologov the deputy minister of public health services of Russia Tatyana Jakovleva has informed, that transplantation of kidneys has increased in 1,7 time, a liver - in 3 times, hearts - in 15 times, at the same time the requirement of transplantation of bodies for a year constitutes 9 thousand (it is made from requirement of 15,6 %). There is a requirement for kidney change - 6 thousand (it is made from requirement of 15,6 %), a liver — 2 thousand (are made 13,6 %), hearts - 1 thousand (are made 16,4 %) [45]. From this it is possible to draw a conclusion, that in Russia level of maintenance of the population transplantologicheskoj the help is the lowest.

The developed situation draws attention of the criminal organisations, including transnational as at deficiency of bodies available for change illegal activity in this area can bring in high incomes. As the director of the Australian institute of criminology has declared, «it is not surprising, that there was« black »a market..., on which human bodies are on sale under the high price». The big number of poor and homeless persons, including children, in city areas, especially in developing countries, are the main suppliers of the bodies intended for change. In process of technical progress which allows to extend term of preservation of bodies after their removal and to carry out their transportation on the big distances, «the black market» these goods, certainly, will get still bolshee value.

Trade in bodies and fabrics of the person is forbidden almost in all countries, meanwhile absence of the appropriate legislation regulating change of bodies and commercial interests connected with it, corruption and swindle create considerable preconditions for development of illegal trade by bodies of the person. In this case the body of a human body is considered as the goods which can be sold, bought or used for reception of material benefit.

On the basis of available disturbing messages and resonant investigations in 2004 at the fifty seventh session the World organisation of public health services has urged «to take the organisation state-participants measures for protection of the poorest and vulnerable groups of the population from transplantatsionnogo tourism and sale of bodies and fabrics, taking into consideration a wide circulation of international trade in bodies and fabrics» [46].

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A source: GALEYEV Gulchachak Ramilovna. INTERNATIONAL LEGAL COOPERATION In SPHERE of the PREVENTION And SUPPRESSION of ILLEGAL WITHDRAWAL, the TURN And TRANSPLANTATION of BODIES of the HUMAN BODY. The DISSERTATION on competition of a scientific degree of the master of laws. Kazan. -201

More on topic 1.1. Formation of transplantology and a problem of illegal withdrawal and a turn of bodies of a human body:

  1. Chapter 3. Realisation of international legal standards in the field of transplantology in the legislation of the Russian Federation and a problem of suppression of an illegal turn of bodies of a human body
  2. §2. Illegal withdrawal and use of human bodies as the basic problem of international legal regulation in the field of transplantology
  3. 2.1. The international conventional regulation of transplantation for the purpose of bar of claim by lapse of time of illegal withdrawal and a turn of bodies of a human body
  4. CHAPTER 1. The General characteristic of occurrence and an aggravation of a problem of an illegal transnational turn of bodies of a human body
  5. GALEYEV Gulchachak Ramilovna. INTERNATIONAL LEGAL COOPERATION In SPHERE of the PREVENTION And SUPPRESSION of ILLEGAL WITHDRAWAL, the TURN And TRANSPLANTATION of BODIES of the HUMAN BODY. The DISSERTATION on competition of a scientific degree of the master of laws. Kazan, -2017 2017
  6. 1.2. The factors influencing growth of an illegal transnational turn of bodies of a human body
  7. 2.1.3. International agreements in the field of counteraction of the states to illegal withdrawal and trade in bodies and fabrics of a human body
  8. 2.3. A role of the international non-governmental organisations in sphere of prevention of an illegal turn of bodies of a human body
  9. 2.1.1. The conventions regulating questions of legitimacy of withdrawal of bodies and fabrics of a human body
  10. 2.2. Activity of the international organisations under the prevention of illegal circulation of bodies of a human body
  11. Chapter 1. Illegal circulation of human bodies as illegal act on international and to the national law