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ORGAN TRANSPLANTATION IN CENTRAL ASIA: CURRENT
PRACTICES AND FUTURE DIRECTIONS
Dilafruz Istamova-Fayzullaeva
Graduate student of Penn State Law, Pennsylvania State University;
Graduate of Tashkent State University of Law, LLM, LLB.
https://doi.org/10.5281/zenodo.13927401
In recent years, complications caused by these restrictions to organ
transplantation have forced hundreds of people to fly to other nations such as
Turkey, India, or Israel for this process, where they have encountered some
more serious issues. This demonstrates the gravity of the situation. Not only are
the challenges of organ transplantation in the country addressed in this book,
but a variety of remedies are presented to alleviate these problems, and
legislative papers are studied and assessed.
Due to recent advances in medicine, human organs and tissues have
"started to live" their own lives, different from their owners, because human
organs and tissues are characterized as anatomical formations that do not define
personality traits.
Transplantation of human organs and tissues is an operational procedure
for the replacement of damaged organs and tissues that are not present in the
patient or in any way, based on the collection, insertion, storage and
preservation of organs and tissues from a donor or human corpse, and is carried
out with the help of a surgical operation.
Organ transplant, defined as the transfer of a living tissue or organ to an injured
or ill person to restore health or reduce disability, first started in the 1930s . It is
a life-saving medical procedure that has the potential to transform the lives of
people suffering from a wide range of diseases and conditions. In Central Asia,
especially in Uzbekistan, organ transplantation is a relatively new field that has
been developing rapidly over the past few decades. The issue of transplantation
of human organs and tissues is considered one of the main, discussed and
pending problems of today for the territory of Central Asia. Because of the lack
of normative acts in this field and the lack of medical professionals, the problem
is remaining unsolved.
Agreeing with the aforementioned opinions the notion can be defined as follows:
"Transplantation of human organs and tissues is a process in which organs and
tissues are removed from a living person or his div only with consent and
without malice or commercial purpose, in a medical way, using a surgical
operation in clinical conditions."
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Today, much attention is being paid to the issue of human health and life -
transplantation of human organs and tissues. It is noted that for many years, the
lack of legal framework in the field of transplantation led to the stagnation of
transplantology as a clinical science and the loss of the opportunity to save the
lives of a large number of patients with diseases.
According to information, tens of thousands of patients need organ and tissue
transplantation in Uzbekistan today. In particular, up to 3,500 patients need a
kidney transplant, 2,000 liver transplants, 700-1000 heart transplants, and 500
lung transplants. However, the legal framework in this area is insufficient.
For this reason, in recent years, the issue of strengthening legislation in the field
of human health protection in the Republic of Uzbekistan has become a priority
task of state policy. In the process of law-making, the issue of regulation of these
relations was put on the agenda several times. First Transplant operation was
carried out in the Republic of Uzbekistan on September 14, 1972 by academician
O. A. Aripov, it was the first kidney transplant . And he founded a
transplantology center in Tashkent which helped many people to have this
procedure done in their home country.
However, adoption of the Criminal Code of the Republic of Uzbekistan in its new
version of 1994 had a significant impact on the entire kidney transplantation
sector. The new law allowed the removal of organs from a corpse only with the
permission of the relatives of the deceased or a consent given by the deceased
while alive. This completely stopped kidney transplantation in our country.
During the existence of the Kidney Transplant Center founded by A.Aripov, a
total of 358 kidney transplants were performed. In 311 cases, cadaveric kidney
transplants were performed, while 47 patients underwent kidney
transplantation from a living related donor. It was not until 2002 that the
Ministry of Health issued an order authorizing kidney transplantation from a
living related donor, which gave rise to a new program of living donation.
The first such operation was performed at the Kidney Transplant Center.
However, 4 years later, this order was withdrawn, and such surgical
interventions were stopped again. This situation caused by lack of normative
and legal support for the program, forced patients to seek help abroad. Thus, as
in other countries of the world, formation of organ and tissue transplantation
service in Uzbekistan went through many difficult challenges in its development.
The complicated logistical and political situation in post-Soviet countries at the
end of the 1980s and beginning of the 1990s resulted in a complete loss of the
previously created fundamental base and accumulated experience .
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Attempts to rehabilitate the transplantation service were faced with the lack of
clearly formulated legislative acts, complicated moral and ethical background
that excluded organ transplantation from brain death donors.
With the decision of the President of Uzbekistan "On measures to transform the
surgical service, increase the quality and expand the scope of surgical operations
in the regions", to further improve the surgical service, strengthen the material
and technical base of the system, establish high-tech surgical operations in our
country, train specialists in diagnosis and treatment, a number of issues such as
improving their qualifications have been solved.
Due to a number of such reasons, regulation of the issue of transplantation of
human organs and tissues is not only a need, but also a necessity for the state.
In the legislation of the Republic of Uzbekistan, the main normative-legal
document regulating the issue of transplantation of human organs and tissues is
the Law of the Republic of Uzbekistan "On the Transplantation of Human
Organs, Tissues and (or) Cells" and "The Transplantation of Kidney and (or)
Liver and Hematopoietic Bone Marrow Stem Cells" was a temporary regulation
on the procedure of transplantation. The Law of the Republic of Uzbekistan "On
Transplantation of Human Organs and Tissues" dated May 11, 2022 was
adopted. This law regulated a number of aspects of this social relationship.
It can be believed that it is necessary to reform this norm and make this
procedure easier. We believe that the new version of this law, which is in line
with the world experience and covers all aspects, will be adopted, and the
problems of many people will be eased. The reason is that the issue of
transplantation of human organs, tissues and cells, which is one of the most
common types of somatic rights, is an urgent issue that needs legal regulation in
the Republic of Uzbekistan
References:
1.
Constitution of the Republic of Uzbekistan, adopted on December 8, 1992,
amended on December 22, 1995, April 30, 2003, June 8, 2011, January 18, 2020.
2.
Akademik Uktam Aripovich Aripov (k 90-letiju so dnja rozhdenija). Annaly
hirurgicheskoj gepatologii. 2017; 1: 125–127
3.
Matkarimov Z.T., Bahritdinov F.S., Ibadov R.A., Suyumov A.S., Mahmudov
Q.O., Ahmedov A.R., Shernazarov S.I., Rustamov M.O., Abdugafurov Z.U., Saatova
U.M., Urinov J.B. History and background of kidney transplantation in
Uzbekistan. Russian Journal of Transplantology and Artificial Organs.
2022;24(1):23-30.
4.
Resolution No. 1035 of the Cabinet of Ministers of the Republic of
Uzbekistan "On approval of the temporary regulation on the procedure for
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kidney and (or) liver transplantation between relatives" // (National database
of legal documents, 26.12.2019, 09/19/1035/4226
5.
Problems of transplantation of human organs and tissues: international
standards and international experience. RELIGACION. REVISTA DE CIENCIAS
SOCIALES Y HUMANIDADES. Nozimakhon Gafurova, Khasan Ochilov, Bobur
Sobirov. Vol 4, Nº 16, Quito Quarterly, Junio 2019. pp. 714-719.
