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Міжнародна науково-практична конференція 15.04.21 - СЕКЦІЯ №2
Everyone's right to health care is determined by Article 6 of the Fundamentals of the Legislation «of Ukraine on Health Care». The Constitution of Ukraine guarantees everyone the right to health care. Every citizen of Ukraine as well as a foreigner or a stateless person who is legally on the territory of Ukraine has the right to protection of his health. Health care is provided by the systematic activities of state and other organizations provided by the Constitution of Ukraine and the law (Article 283 of the Civil Code of Ukraine) including this also provides for the obligation that «patient-doctor» must comply with. Ukraine has already developed two draft Laws on Patients Rights, one of which was registered on 16 January 2003 and the other on 21 February 2005 the purpose of which is to systematize and expand compared to the current legislation patients rights in our country also consolidation of legal guarantees of their maintenance.
Medical activity is a set of different complexity of social relations which subject to the rules of law are in the nature of legal relations. A specific feature of social relations governed by the rules of medical law is that they arise, exist and develop mainly in relation to personal intangible benefits of man - life and health [2, p. 165].
The content of medical legal relations consists of subjective rights and legal obligations that are realized in the behavior of the subjects of medical legal relations. For example, the subjective right of a sick person in the field of medical relations is the right to agree or disagree with the method of treatment proposed by the doctor and the legal obligation - to comply with medical prescriptions, rules of procedure of the health care institution. At the same time due to the peculiarities of the profession a medical worker has a strong obligation to provide medical care to citizens in need as well as a subjective right to refuse further care if the patient does not comply with medical prescriptions or internal regulations health care, provided that it doesn’t endanger the life of the patient and the health of the population.
An important role in understanding essence of medical relations is played by the preconditions for their emergence. Among the prerequisites for the emergence of medical relations must be distinguished:
- rule of law which enshrines the theoretical model of possible legal relations;
- subjects of law with their legal personality;
- legal facts [4, p. 46].
Relationship between doctor-patient is a type of legal relationship in which both are holders of subjective rights and legal obligations. The provision of medical care is a comprehensive system in which the rights of citizens provided by law are reflected. This applies to both the rights of patients to receive qualified medical care and the rights of doctors who provide such care. The patient voluntarily entering into a legal relationship with a doctor is the holder of certain rights. At the same time doctor acts in these legal relations not only as bearers of obligations but also as the owner of certain rights [5, p. 83].
As a separate branch of law medical law has its own system of law through which the regulation of medical relations including relations related to the provision of medical care. The general characteristic of legal relations in medicine in a broad sense is based on definition of the legal nature of relations between the «doctor-patient» who addressed to it. There are several basic approaches that illustrate this issue. They can be formulated in the form of classification of legal relations arising in the field of medical activities. Note that given the complex nature of medical activity, medical law as a complex branch of law which includes the processes of medical care, health insurance, production of medicines and medical devices, organization of rehabilitation and much more.
The «doctor-patient» relationship should be built on trust and mutual respect. Doctors are partners of the patient. This cooperation is beneficial for both parties.
Determining the legal status of the patient analysis of current legislation allows to distinguish several groups of rights and responsibilities of the patient: the first group includes the basic rights and obligations of the contractual relationship. The second group includes the rights and responsibilities that are assigned to certain categories of patients. The third group consists of rights and obligations which in the contract for the provision of medical services are additional perform an ancillary function in relation to the main content of the obligations.
Differentiated system of medical practice is in various forms of interaction including legal. From this sentence it follows that there are several:
1) sacred type (paternalistic model) which in turn is divided into: strong and weak;
2) collegiate type;
3) contact type;
4) technical type [2, p. 111].
In modern health care concept of respect for the patient's personality is paramount and is at the heart of any relationship between health care provider and patient.
Relationships that arise in the provision of medical services require special, unique separate regulation. It is advisable to determine the legal status of the patient by a special law on patients rights such as what exists in the European Community and taking into account all European standards in this area.
Thus, considering this topic in the field of legal relations between the patient and the doctor we can conclude that its main feature is the professional traits of a health worker which includes a range of human, medical and legal values and rules so the health worker should protect himself from professional deformation as well as to try to maintain the mental balance of the patient, to establish a position in recovery and the patient to know their rights and responsibilities in the process of cooperation with the doctor and the medical institution in which he will be.
1. The Constitution of Ukraine. Bulletin of the Verkhovna Rada of Ukraine. - 1996. № 30. Article 141.
2. Maleina M. Man and medicine in modern law. Training and practical manual. М.: БЕК. 1995. 272 с.
3. The Civil Code of Ukraine as amended on January 16, 2003. Official publication. Kyiv: Parliamentary Publishing House, 2003. 352 p.
4. Glukhovsky V. Problems of patient rights from the point of view of Ukrainian society (results of sociological research). Medical Bulletin of Ukraine. 1999. № 14. P. 43—49.
5. Veresaev V. Notes of a doctor. M. 1936. P. 147.

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