Civil legal regime of human biological material as an object of civil law: Russian and foreign experience

Currently, the rapid development of medicine has led to the need to address the issue of realizing the somatic (personal) rights of a person to control his body.The article analyzes various points of view of Russian legal scholars regarding the legal basis for the use of human organs and tissues in civil circulation. A comparative legal analysis of human biomaterial as an object of civil law in Russian and foreign legislation has been carried out. The article presents the foreign practice of common law countries (Great Britain, USA, Canada, Australia), where human organs and tissues have long been recognized as objects of law and are subject to the regime of property rights. In Russia, public relations regarding civil law turnover in relation to human organs and tissues are just beginning to take shape. Accordingly, the improvement of civil legislation in Russia is required, which will be aimed at determining the place and features of legal regulation of human biological material.