JUNGLES OF UKRAINIAN LEGISLATION ON EGG DONATION.

OBJECTIVE: The aim: To study the current regulation on egg donation in Ukraine as one of the most attractive destinations for reproductive tourism, establish the current loopholes in the legal framework to be addressed when amending Ukrainian legal rules. PATIENTS AND METHODS: Materials and methods: The article is based on studying international and regional legal acts, jurisprudence of European Court of Human rights, pieces of national Ukrainian legislation, law drafts submitted to Ukrainian parliament and legal doctrine. The methodology of the article includes dialectical, comparative method and the method of systematic and structural analysis. CONCLUSION: Conclusions: Existing legal framework in Ukraine has some serious lacunas that can result in violation of rights and interests of donors and of the children. Firstly, the state does not keep the unique state register of donors. Secondly, there are no rules on compensation for egg donor. Lastly, the current Ukrainian legislation does not contain provisions ensuring protection of the child`s right to know about one`s genetic origin, and thus to obtain the identifying infor-mation about the donor. All these issues should be addressed in order to establish a fair balance between the rights and the interests of donors, recipients, the child and the society.

CERTAIN LIMITATIONS IN REPRODUCTIVE RIGHTS`S EXERCISING (CASES OF CHINA AND AUSTRIA).

OBJECTIVE: The aim: To analyze the existing international legal framework, regulating limitations of exercising reproductive rights, and determine whether the limitations provided by Chinese and Austrian national legislators meet the international and regional standards. PATIENTS AND METHODS: Materials and methods: The article is based on international universal and regional European legal instruments, the jurisprudence of the European Court of Human Rights, national legislation of China and Austria, and scientific articles. The research is grounded on formal logical and dialectical methods, methods of synthesis and analysis, historical method, comparative legal method, and the method of modelling. CONCLUSION: Conclusions: The authors concluded that despite the standards on reproductive autonomy, being set by the number of international conferences and international and regional acts, the governments may impose limitations on exercising the said autonomy. Such limitations can be either radical ones (taking into account Chinese example of birth control) or liberal ones (taking into account the Austrian case on the prohibition of heterologous gametes donation).

TOWARDS CREATION OF UNIFIED REGULATION ON SURROGACY IN EUROPE: RECENT TRENDS AND FUTURE PERSPECTIVES.

OBJECTIVE: The aim of this paper is to study the existing international legal framework, regulating international surrogacy agreements and to analyse the possibility of adoption of respective unified European legal instrument. PATIENTS AND METHODS: Materials and methods: The article is based on international legal acts, jurisprudence of the European Court of Human Rights, reports and scientific articles. The research is grounded on dialectical, formal logical methods, methods of synthesis and analysis, comparative legal method and the method of modelling. CONCLUSION: Conclusions: The authors came to conclusion about the necessity of introducing of unified legal instrument dealing with international surrogacy cases. The article illustrates that the work towards harmonization of surrogacy in Europe started at the beginning of 21st century and the experts group of the Hague Conference on Private International Law is currently working on drafting a respective protocol. The authors provide a list of questions that were not noticed by the mentioned experts but should be included in the protocol.