Peculiarities of the legal regulation of blood donation and blood components in the conditions of the legal regime of martial law
Authors: Kravchuk Iryna Ihorivna 
Published: January 2025

The presented article identifies the peculiarities of the legal regulation of blood donation and blood components in the conditions of the right-wing martial law regime, the need to study which is due to a sharp increase in the demand for blood transfusions for military personnel and civilians who suffer from military actions. At the same time, hostilities on a large territory of Ukraine, mass displacement of the population from the occupied and frontline territories, as well as significant destruction of the infrastructure hinder the organization of blood donation. Therefore, effective legal regulation of blood donation is necessary to ensure national security in today’s conditions.

The purpose of the study was to determine the peculiarities of the legal regulation of blood donation and blood components in the conditions of the legal regime of martial law, as well as directions for its improvement. To achieve the goal, the following tasks were defined, namely: to define the concept of blood donation and its components according to the current legislation of Ukraine; to investigate the rights of blood donors in Ukraine and the procedure for receiving material compensation for the donation procedure; determine absolute and temporary contraindications to donating blood and its components; determine the benefits provided to blood donors; identify problems of donating blood and its components; determine the regulatory and legal basis of blood donation. In addition, emphasize the importance of donating blood and blood components in conditions of martial law; analyze guarantees for donors; to analyze the statistics of blood donation and blood components in Ukraine before and after the full-scale invasion; to analyze the problems of blood donation in the conditions of martial law.

The main problems of blood donation in the conditions of the legal regime of martial law are: the sharp increase in the need for donor blood to save wounded military and civilian persons has caused an acute shortage of its reserves; the logistics of the supply of donor blood are complicated by hostilities, which jeopardizes the timeliness of providing assistance to the wounded; need to expand benefits and social guarantees for donors as persons involved in the defense measures of the state.

The Criminal Code of Ukraine establishes liability for coercion to donate blood and its components through physical or psychological violence. Such criminal acts are classified as serious crimes against the will and health of a person, punishable by long-term imprisonment. To prevent such crimes, it is necessary not only to punish, but also to popularize the ethical principles of voluntary donation among the population.

In the conditions of martial law, donors should be equated with volunteers or doctors on the front line with a corresponding extension of their benefits. In particular, it is possible to propose: an increase in the duration of paid leave after the donation; priority provision of sanatorium-resort health care; exemption from taxation, etc.

For the maximum involvement of the population in donating blood and blood components, it is necessary to carry out appropriate educational work, to form a sense of social responsibility among citizens.

Key words: donation, blood, blood components, recipient, donation benefits, contraindications, criminal liability.