Lecture №1
MEDICAL LAW AND ITS PLACE IN THE SYSTEM OF UKRAINIAN LAW AND LEGISLATION.
1. Concept, object, method, principles of medical law.
2. Medical relations: concept, types, composition.
3. System and a source of health law.
4. Legal provision of health care in Ukraine: current nstate and prospects of development.
5. International legal acts in the field of health.
1. Concept, object, method, principles of medical law.
Without a doubt, the right to health – is an independent ncomplex area of law that exists in all developed countries, nincluding our closest neighbors, such as Russia.
Medical law – a branch of Ukrainian law, which is nformed, which is the body of law governing social relations associated with the npublic’s right to health, in particular , the nrelationship between the citizen and health care institutions , between patient nand health professional in the provision of health care, as well as their nrights, duties and responsibilities in connection with the diagnostic, medical nand sanitary measures.
Medical law also regulates other legal relations are nclosely related to health.
To health include the social relations that arise ithe process of realization of citizens’ rights to health care , including:
· in health care ;
· in the organizatioof medical diagnostic process;
· during the health- ncare and sanitation EPIDEMIC measures.
The relations that are closely related to health care ninclude:
· on the organizatioand management of the health system ;
· on the organizatioof compulsory and voluntary health insurance;
· to conduct licensing nand accreditation of health facilities ;
Examination of the quality of care.
Description of any branch of the law in the nfirst place , is inextricably linked to the ndefinition of concepts and methods of the subject area. That’s object and nmethod of legal regulation are the criteria for the selection of areas of law . And if the first one (the subject n) is the primary , the second method ( ) – subsidiary. Subject of nlegal regulation – is qualitatively similar public relations are governed by nlaw. In general, the subject of legal regulation responds to the question : what regulates this area of nlaw. Consequently , health law n- is social relations that arise in the course of medical practice.
The subject of medical law is made objectively, nindependently of the will and mind of a single person or group of people. Such nobjectivity is related to the needs of society, which is interested in quality nand adequate regulation of relations consisting in medical practice. It is no nsecret that the medicine itself is perceived in two ways n: as a means of helping a person ieed of treatment and npotentially aggressive factor by which it is possible to burden the health of a nsick person or cause disease in a healthy person (infection by blood ntransfusion The extraction of organs for transplantation from a living donor, nallergic reactions to the drug administration, etc.).
Methods of regulation – a body of the ways in which nthe impact on social relations that are the subject of legal regulation. Igeneral, the method of answering the question as to which way this branch of nlaw rules governing social relations that constitute its subject.
Given that the administrative and legal relations of npower inherent in the method – submission by the presence of both parties to nthe competent authorities of legal and civil law method peculiar legal equality nof the parties , it should be noted in the medical complex using the right nmethods of regulation. How to use administrative and legal method of legal nregulation of social relations in the field of medicine can give an example of norganization and management in health care ,when nthe leaders of the parent department of health interact with subordinate them nby the health care institutions . At the same time, the legal relationship nbetween patient and physician in health care are regulated by civil law method, nthe expression of which is equality of legal subjects and the ability to define ntheir behavior.
Currently, there is every reason to believe the nexistence of this branch of the law as a medical law n. Having a subject of legal regulation , using na combination of methods of legal regulation, the right to health in their objective ncharacteristics fall within the complex area of law. Given the ncircumstances under which the emergence of new areas of law – aobjective process , let’s underlying causes n, which indicate the complex nature of medical law:
1. constitutionally enshrined nright to health and medical care ;
2. existence of nseparate regulatory acts which are devoted exclusively to regulation of social nrelations in the field of public health ;
3. social relations nthat arise in medical practice , as regulated by their own rules and nregulations contained in other areas of law (criminal , civil, administrative , netc. .)
4. availability of ngeneral principles that are inherent in medical law and describe its contents ;
5. orderly system nand the structure of the health law that provides legal sub-sectors, ninstitutions and norms ;
6. impossible within the existing areas of law provide nquality legal regulation of relations iumerous medical field.
Thus, medical law – is a complex area of nlaw , which includes a set of legal nrules governing social relations in the field of medical practice. The presence nof an independent branch of law is important for society as a whole and for nmost medical professionals and patients. Medical law will allow for a higher nlevel to develop the principles ( basic principles n) of the state policy in the field of health care, better study the issue of nprotection of citizens’ rights in health care in detail to determine the legal nstatus of the business relationships that arise in medical practice.
Principles of medical law. Common Law principles apply to the entire nsystem of law and the right to health as well. These include principles: nsocial justice ,humanism , equality , rule of law n, unity of the legal rights and obligations.
Main legislated principles nof medical law as follows:
• respect for humarights in health care;
• priority of npreventive measures in the field of public health ;
• Access to health and social care n;
• social protectioof citizens in the event of loss of health;
• responsibilities of ngovernment and governance, citizens’ rights in health care .
2. Medical relations: concept, types, composition.
Medical practice is a combination of different ncomplexity of social relationships that provided by the law, are nin the nature of legal relations. Specific feature of social relations nregulated by means of rules health law is that it arises, there are ndeveloped primarily about moral good of man – life and health. Relations between doctor and patient is a kind of legal nrelationship in which both are carriers of subjective rights and legal nresponsibilities.
Medical relations are the result of medical law rules non the behavior of economic health law , which nresulted in between having legal relations.
The criteria for the classification of legal relations nin the health sector : a ) the ratio of the mutual rights and duties of nsubjects and b) areas of medical practice , and c) the degree of certainty of nsubject composition , d) the nature of the commitments for .
Depending on the ratio of the mutual rights and nobligations of legal entities health are:
– Vertical , characterized nby the presence of one side of public authority on the other party nrelationships (ie , relationships in government nregulation of medical practice );
– Horizontal , characterized nby equality of the parties ( for example , the relationship between the medical ninstitution on the one hand and on the other a citizen ).
The direction of the medical legal divided into legal nrelations in the field of:
– Carrying out sanitation and anti-epidemic measures;
– Activities on prevention of particularly ndangerous infections, conducting quarantine measures, etc.;
– Provision of free medical care;
– Provision of private medical services;
– Implementation of measures for voluntary health ninsurance program;
– Conducting medical examinations n;
– Implementation of compulsory medical measures and so non.
In a third set out in the criteria – the degree of ncertainty of subject composition – health relationship can be:
1. Absolutely by – variant legal relations when the nbearer of rights corresponds undefined nnumber passively obligated entities. As a typical example of an absolute legal nobligation can be offered all health professionals (medical institutions) nto provide medical care in cases of human health that requires urgent medical nattention. It is important to note that even the institution of private health ncare system in this aspect is also passively bound subjects of law.
2. Concerning definitions – Option law relationships nwhen the bearer of rights corresponds to certain entities. These nlegal relations inherent health insurance .A citizen is insured for nvoluntary health insurance receives an insurance policy containing a list of nhealth care facilities in which the owner of the policy can be provided medical nassistance free of charge for the patient based. In this case, given medical ninstitutions are subject to the rights to which a patient having a legal nrelationship with his appeal for help .
The following criteria underlying the classificatioof medical legal – nature of the obligated entities under which legal relations nare divided into:
– Active, where the meaning of duty is to carry out nsome affirmative action (performance of their duties medical personnel, etc.);
– Passive, involving abstention from certain acts (not ndivulge medical confidentiality, etc.).
Composition health relationships – a ncharacteristic of relationships in terms of their internal structure and nrelationship of the constituent elements: subject, object and ncontent. For qualitative analysis is important to identify all the components nof said relationship.
1. The subjects of law in the theoretical framework, nis presented by the participants of legal relations, that subjective nbearers of rights and duties .
Given the diversity of medical practice, a nvariety of social relations that arise in this area , nit is necessary to distinguish the following groups of subjects of health care nrelationships:
1. Entities that provide health care.
2. Subjects receiving medical care.
3. Entities that contribute to medical care (Subdivisions ).
In this regard, each of these groups of subjects of nmedical practice, in turn, is divided into separate subgroups. For nexample, entities that provide health care, may nbe state, municipal and private. However, subjects who receive nmedical care, depending on the political and legal relationship with the state ncan be citizens of Ukraine, foreigners and stateless persons. Finally, the nsubjects that contribute to medical care, are units support – financial, neconomic, human , social , legal services, health care ninstitutions . These support units are also relevant to medical practice, since ntheir operation for results of medical care – quality care of patients.
To be a subject of medical law relationships must have nthe capacity and capability, which combine the concept of law. nSubject to the provisions of legal acts on occupational health and medical nwebsite under legal personality relationships to be understood under the law nand the ability to have the ability to use and subjective rights and bear legal nresponsibilities .
The subject of health care relationships – the patient n- a person may be considered provided that it:
a) expressed a desire or agreed to give it medical ntreatment facilities that provides necessary medical services ( except in some ncases ) against a person who has not attained the age of 14, as well as those nrecognized by law incapable, medical intervention carried out with the consent nof their legal representatives ;
b) the medical ncondition requires medical care ( except in some cases).
Subject of legal medical health facilities nare available at :
a) the contract nconcluded with the patient to provide medical services ( regardless of how the ncontract );
b) organizational unity nand separate property , directly or indirectly intended to provide medical nassistance;
c) the state nregistration in accordance with the law ;
d) a license for nthe selected activity;
d ) provisions nin statutes and permission of the Department of Health to conduct this type of ntreatment ;
e) appropriate , documented ntraining of medical personnel performing specific medical intervention.
Thus, the presence of the above signs of economic nrelations will attest to the legality of medical care.
2. On the subject of health care relationships nnecessary to understand the real material and spiritual benefits, which nare aimed at achieving the realization of the rights and responsibilities of nmedical legal entities . The complexity of medical legal ncauses of complex objects. In general, the objects nof the medical relationship is moral good of man (life and health), nthe delivery and outcome of care. It is important to note the difference ntargets various subjects of medical relationships. If the entities providing nhealth care, target setting is, above all, the quality of ntreatment implementation, for subjects receiving medical care , the goal is usually the end result of treatment – nrecovery.
3. Summary of medical relationships constitute subjective rights and legal obligations are nimplemented behavioral health business relationships. For example, the subjective right of a sick person in the medical nrelationship is right to agree or disagree on the treatment prescribed by the ndoctor, and legal obligation – to fulfill medical prescriptions, house rules nhealth institution . At the same time, the health care nworker due to the nature of the profession distinct obligation to provide nmedical care to the citizens that they did need it, as well as a nsubjective right – refuse to conduct patient if the latter does not fulfill nhealth regulations or internal regulations of the institution health, provided nthat it does not threaten the patient’s life and health.
M.S. Maleyin and M.M. Malyeyina distinguish three groups of rights and nduties in the relationship over the provision of medical care:
1. those that are nthe essence of (base) relations;
2. specific rights nand obligations attached to certain categories of citizens;
3. additional rights nand obligations.
3. System and a source of health law.
System of Health Law is its internal structure.
Medical law exists in three dimensions:
1. as a complex area of law;
2. as educational discipline;
3. as part of legal science.
Based on this approach, the issue of system nappropriate to consider in respect of each of them. Thus, the system nof health law as a branch of the law consists of the following elements:
– Standards of medical law;
– Institutes of Health Law;
– Sub health law.
The primary element of the health law – standard nmedical law, as a structural element of the law is obligatory rules of conduct ndesigned to settle legal health and strength of state coercion.
Institute of Health Law – a structural element of the nlaw, which is a set of legal rules governing a particular kind of similar npublic relations in medical practice.
The main institutions of medical law include: nmanagement of health care, treatment and preventive care, medical supply, provisioof paid medical services and so on.
Sector Health Law – a structural element of the law nthat is separate part of the area of law that governs nqualitatively similar group of public relations.
Among the sub-sectors of health law stand right people in healthcare, guarantees nof medical and social assistance to citizens, examination, etc. .
Considering the system of medical law as aeducational discipline, it must be said about the importance of the internal nstructure of the health law from the standpoint of the educational process. By nthis criterion, system health law includes general and special parts. The ngeneral part includes provisions that are relevant to all institutions and nsegments of the health law. It rules governing:
– Organization of public health in Ukraine;
– Human Rights in Health;
– The protection of the rights of patients and others.
In turn, a special part of the health law includes a large nnumber of institutions, each dedicated to a particular kind of regulatioof social relations. They are:
– Legal support medical practice in family planning nand regulation of reproductive rights;
– Legal regulation providing paid medical services;
– Legal aspects of mental health care;
– Defects of medical care: legal qualificatio, and others.
Finally , the system as part of health law njurisprudence includes components of medical law , undergoing scientific nunderstanding of the purpose of the most complete and comprehensive solution of nproblems faced by scientists. System as part of health law jurisprudence nincludes the following main areas:
– Theoretical and legal foundations of health law as a ncomplex field of Ukrainian law;
– The relationship and interaction of medical law with nother branches of law;
– Searching for the best ways to regulate new areas of nmedical practice;
– Improvement of educational programs in the field of nlegal education and others.
Thus , the system of nhealth law should be considered from the standpoint of a particular area of law n, training and discipline of the legal science. It is such a complex perceptiocan more deeply understand the key aspects of health law, explore its ncomponents.
Considering the system of medical law, is very nimportant to focus on the source of this field of law. When the source of law n(in legal theory often along with that term is used the concept of ” form of law “) in terms of general theoretical nunderstanding way consolidation law.
It identified four criteria for the classification of nsources of health law:
1. Legal validity.
2. The subject of regulation.
3. The nature of regulation.
4. Scope.
According to the first criterion (validity) sources nare divided on health law laws and regulations. Laws in medical law – is regulations that are characterized by higher legal force nand taken in the prescribed manner on the most important areas of medical npractice the highest legislative body of Ukraine. As an example, the Law of nUkraine on April 4, 1996 № 123/96-VR “On Medicines “, Law of Ukraine non February 24, 1994 № 4004- XII ” On ensuring sanitary and epidemiological nwelfare of population ” and the Law of Ukraine of 6 April 2000 p. 11 And nnumber 1645 ” On protection of population against infectious diseases n.”
By-laws in the area of health law – it acts adopted othe basis of and pursuant to the laws of Ukraine President of Ukraine , the nvarious government agencies and local government (Cabinet of Ministers of nUkraine , the Ministry of Health of Ukraine , government health care field , nregional councils , etc.). Examples of regulations as a source of health law:
– Decree of the President of Ukraine on December 6, n2005. № 1694/2005″ On urgent measures to reform the health care nsystem “;
– Cabinet of Ministers of Ukraine dated March 31, 2004 n№ 411″ On approval of the State Register of drugs “;
– Decree of the Ministry of Health of Ukraine oSeptember 2, 2005 № 441 “On approval of the list of drugs approved for use nin Ukraine, which are available without prescription from pharmacies and ntheir divisions “;
– Ordinance of Kyiv Regional State Administration oJuly 20, 2005 p. N 408 ” About the Kyiv regional integrated program of nfamily medicine for 2005-2007 .”
The general rule in the structure of the sources of law, nwhich is valid also in the system of health law is the law by legal force is nalways more important than the bylaw . If there is any ncontradiction between the provisions of laws and act in the same issue – the law.
Depending on the subject source control health law may nbe general and special. Common characterized by the fact that the object of the nregulation is quite wide and covers both medical relationship, and relationship nwith other areas of law. This is particularly the Constitution of Ukraine, the nCivil Code of Ukraine , the Criminal Code of Ukraine nand others . In turn, the specific source of medical law – it’s nregulations, devoted exclusively to issues of social relations ithe field of medical practice. As an example, the Law of Ukraine of 22 February n2000 p. M 1489-111 “On Psychiatric Care ” or the Law of Ukraine oJuly 16, 1999 № 1007 -XIV ” On the transplantation of organs and other nanatomical materials man.”
The nature of the legal regulation of sources of nhealth law can be substantive and procedural. Legislative acts regulating nmaterial nature mainly medical legal content side , that the rights nand obligations of participants. For such sources include Basic Law of Ukraine non Health on November 19, 1992 № 2801 -XII. As for the sources of health law nlargely procedural nature , it acts to regulate nthe activities of the exercise and protection of substantive law , i.e., ndetermining the order , procedures for the exercise of certain significant nevents for the medical practice . As an example, the source of health law nmainly procedural iature can result in State Committee in the country for nRegulatory Policy and Entrepreneurship , Ministry of Health on February 16, n2001 № 38 /63 “On approval of the license conditions of the business of nprocessing of blood and its components, production of these drugs , economic nactivity in medical practice and conduct disinfection, pest , deracination works n, ” which defined the procedure for licensing of medical activities ncarried out in the territory of Ukraine legal entities and individual nentrepreneurs.
Finally, depending on the scope of the sources of nhealth law can be:
– National (legal acts of the Parliament of Ukraine , President of Ukraine , the Cabinet of nMinisters of Ukraine, the central authorities , etc.);
– Republic (Crimea);
– Local.
The first act on the territory of Ukraine, second and nthird – only in a particular area of Ukraine. Law of Ukraine on 5 July 2001 N ° 2586- III ” On nthe fight against TB ” – an example of national sources of health law . At nthe same time, the Kyiv City State Administration on October 4, 2005 “Oorganization of preventive measures to protect the population of Kyiv from the flu, aviainfluenza and other acute respiratory diseases “ n- one of the options for local sources of medical law.
4. Legal provision of health care in Ukraine: current nstate and prospects of development.
The Constitution of Ukraine is the main source and is nat the forefront of legal acts regulating social relations in health care, including nmedical care. The constitutional provisions provide the legal basis for the nstatus of a person in the health sector. And that includes not only the nfoundation of fixing the appropriate rights, but also their means of ensuring nthat the government has at its disposal and embedded in political and economic nsystems, as well as its social basis.
Among the laws occupies a special place Civil Code of nUkraine of 16 January 2003 for the first time at this level establishes a nnumber of important human rights in health care , including the right to health n(Art. 283) , medical care (Article 284 ), medical information ( p. 285 ), a nmedical mystery (p. 286).
An important regulator of relations in health among sectoral legislation are the rules of administrative law governing the organization and nmanagement processes in health care. State regulation in the health sector has nits own specific features, which are caused by the primary socio -economic nimportance of health care is the foundation of social policy n, a large number of facilities management , departmental rulemaking n, as well as professional and management personnel qualification features . nStarting in the administrative and legal status of the health institution is ntheir relationship with the parent bodies of executive power. The specially nauthorized central body of executive power in the health care industry is the nMinistry of Health of Ukraine , whose legal nstatus is defined by the Regulations of the Ministry of Health of Ukraine, napproved by the Cabinet of Ministers of Ukraine dated 2 November 2006 N ° 1542.
Administrative responsibility provided for violations nof labor legislation and labor protection (Article 41 of the Administrative nCode of Ukraine) , for violations of sanitary and sanitary and nanti-epidemiological rules and regulations (Article 42 of the Administrative nCode of Ukraine), for failure to medical examination or medical examinatio(Article 44th of the Administrative Code of Ukraine), for failure to screening nand preventive treatment of persons suffering from venereal diseases (Article n45 of the Administrative Code of Ukraine), for willful concealment of the nsource of infection with venereal disease (Article 46 of the nAdministrative Code of Ukraine) and others. These rules are directly or nindirectly aim at the protection of public health.
The Budget Code of Ukraine on June 21, 2001, Chapter n14 regulates the distribution of expenditures among governments. Article 87 of nthe Budget Code establishes expenditure undertaken by the State Budget , which nin Section 8 property expenditures on health, namely: primary health care , nout-patient and in-patient care , health and rehabilitation care, specialized nand highly specialized outpatient and inpatient care , sanitary surveillance nand other applications in the healthcare industry. Expenditures of local nbudgets set out in Articles 88-90 Budget Code, particularly on primary health care, nout-patient and in-patient care programs of health education, spa care and nmore.
The Criminal Code of Ukraine on April 5, 2001 contains nnumerous list of crime, which directly or indirectly related to health care, including nmedical assistance . One of the key sections of the nCriminal Code in this context is part II ” crimes against life and health n”, which contains , inter alia, the following offenses associated with ninfection with HIV or any other incurable contagious disease (Article century. 130-133 of the Criminal Code of Ukraine); inappropriate provisioor failure to provide in due course of care (Articles 139, 140 of the Criminal nCode of Ukraine), violation of the established procedure of medical nintervention (Articles 134, 138, 141-145 CC of Ukraine). In addition , nSection XIV, specifically dedicated to compulsory medical measures and ncompulsory treatment, reinforces the concept , purpose , types of persons to nwhich the compulsory medical measures , continuation , modification or ntermination of such measures , as well as the grounds for the application of ncompulsory treatment .
Before the Special Part of the Criminal Code included nnext to II ” crimes against life and health n” and other sections of a crime directly related to health care. In particular , Section III ” Crimes against freedom , nhonor and dignity ” (p. 151) , Section IV establishes rules involving ncrimes against sexual freedom and sexual inviolability of the person.
In addition, the Criminal Code of Ukraine contains a nnumber of provisions that provide for offenses that indirectly intended to nensure the human right to health, including the section VIII ” Crimes nagainst the Environment” , Section IX ” offenses against public nsafety “, Section X ” Crimes against safety ” , Section XI” ncrimes against the safety and operation of transport “, Section XII” noffenses against public order and morality “and chapter XIII” noffenses related to narcotic drugs, psychotropic substances, their analogues or nprecursors and other crimes against public health . ” Also, we cannot provide nhere a list of the rules of section XX ” crimes against npeace, human security and international law “, which are also designed to nprotect the human right to health.
Criminal Procedure Code of Ukraine determines, for nexample , the order of application of compulsory medical measures (Chapter 39), nthe procedure of examination and specific investigation involving forensic nexpert or doctor in compliance with the requirements of safety health (Article n227, 491 ) and others. Very interesting is the section of the Criminal nProcedure Code, which relates to the issues of immunity of a witness, the ndisclosure of medical secrecy (Article 65).
Penal Code of Ukraine establishes a norm according to nwhich prisoners have all the rights of man and citizen, in addition to the nexceptions provided by applicable law. Among them, c. 8 , nthe right to health. Health care is provided by a system of health and health- ncare measures as well as a combination of free and paid forms of care. Convicts nfrom other rights are entitled to receive medical care and treatment, including nmedical services paid by personal funds or funds of loved ones .Sanitary nmaintenance sentenced to imprisonment implemented by organizing the necessary nhealth care settings for the treatment of prisoners suffering from active ntuberculosis – the rights of medical facilities ,and nfor the monitoring and treatment of infectious patients – infectious isolators nin accordance with Art .116 of the Penal Code. For the nconvicted persons also guaranteed the necessary living conditions that comply nwith sanitation and hygiene, nutrition, which provides normal functioning nof the body and so on.
Consumer protection, including consumers who acquire , use or ordering goods (works , services ) in the nhealth sector has an exceptional value. Consumers , according nto the Commercial Code of 16 January 2003 , the Law of Ukraine ” OProtection of Consumers’ Rights of 12 May 1991) , are entitled to state nprotection of their rights, proper quality of goods (works , services) , safety nof goods (works , services) , damages for goods (works , services) of poor nquality, or damage caused danger to life and health goods (works, services). nThe state is constitutionally provide equal opportunities for the realizatioof human rights ,protecting its rights as a nconsumer. Socio-economic aspects of the problems should be solved taking into naccount the interests and needs of consumers. The state should promote the nconsumption level of the population, adequate for the health and viability, nproduct safety , protection from nunscrupulous seller musician and services and so on.
The right to health is also reflected in the legal nacts of other branches. In particular, the Labour Code nof Ukraine contains provisions governing hours of work and rest periods n(Article 50-84 of the Labour Code ), nregulations on health and safety, including the expected provision of safe nworking conditions, delivery of milk and preventive nutrition , required nmedical examinations of certain categories of workers , transfer to an easier njob for health reasons and others. The Code also regulated the work of women, nincluding defined work , which prohibits the nemployment of women, provides for the transfer of pregnant women on the basis nof a medical report to another job, which is easier and eliminates the ninfluence of unfavorable factors , providing pregnant women and women with nchildren fourteen , vouchers to sanatoriums and rest homes . Also, the Code ndefines the working conditions of young people, including the age at which nallowed the employment , medical examinations of npersons under eighteen years of work , which prohibits the employment of npersons under eighteen years of both. These rules are aimed at protecting the nhealth of people working .
Family Code of Ukraine from 10 January 2002 to Health nsets the age of marriage (article 22 FC ) identifies nindividuals who cannot be married to each other (Article 26 IC ) ensures public nsafety family , childhood maternity and paternity (Article 5 FC) and others. Of nparticular interest is art. Thirty Code, which establishes the obligation to ninform each other brides about their health. The state provides conditions for nthe medical examination of persons who have obtained . nThe results of the medical examination are secret and communicated only suitor . In Part 5 of the same article provides that hide ninformation about the health of one of the brides, the result of which might be n( become ) a violation of the physical or mental nhealth of the other groom or their descendants, may be grounds for annulment . A nperson who has renounced the marriage, the other party shall reimburse the nexpenses which it had suffered in connection with preparations for the wedding nand marriage registration, which provides part of Article 31 of the Family nCode, but such costs are not refundable if the rejection of marriage was caused nby hiding circumstances for who refused marriage essential amenities including na serious illness.
An important document is the Law of Ukraine” nFundamentals of Ukraine on Health Care “ oNovember 19, 1992 year (hereinafter – the Basics ) – a regulatory document that nis dedicated to the regulation of relations in the health sector . This law is na kind of declaration of human rights in health care , nwhich defines the legal , institutional, economic and social principles of nHealth of Ukraine and regulates social relations in this area. This document nreflects state policies in the health sector , the principles of health, ndetermines the structure of the right to health and the duties of citizens , nestablishes state guarantees on the legal protection of the right to health, ndetermines the policy of the international community in health, regulates the nmedical examination , establishes safeguards for maternal and child provides nthe basics of the legal status of medical and pharmaceutical workers and other nissues in this area of life. The rules specify Fundamentals , ndetails and extend the constitutional provisions, which in one way or another ndedicated to health, including the century. 49 of the Constitution of Ukraine , immediately establishes a constitutional right to nhealth protection, medical care and health insurance.
5. International legal acts in the field of health.
Sources that determine the international legal nstandards in the field of Health is a document issued by the United Nations, nthe World Health Organization, International Labour Organizatio, the Council of Europe and European Union, the World and European medical nassociations.
The most important of those directly related to humarights and protection health are:
– International Charter of Human Rights, which nconsists of five documents
– Universal Declaration of Human Rights ( 1948),
– the International Covenant non Civil and Political Rights ( 1966),
– the International Covenant non Economic, Social and Cultural Rights ( 1966),
– the Optional Protocol to nthe International Covenant on Civil and Political Rights ( 1966)
– the Second Optional nProtocol to repeal the death penalty;
– Convention for the Protection of Human Rights and nFundamental Freedoms ( 1950) ;
– Convention on the Rights of the Child (1989 );
– The European Social Charter ( 1961) n;
– European Code of Social Security ( n1964, revised 1990);
– Declaration on the development of patients’ rights nin Europe ( 1994) ;
– Convention on Human Rights and Biomedicine ( 1997).
– International documents on health care (mainly the nWorld Medical Association , established in 1947 ):
– International Code of Medical Ethics n, adopted by the General Assembly World Medical Association in 1948, as namended in 1968, 1983, 1994 ;
– Declaration of Geneva of the World Medical nAssociation adopted in 1949, with amended 1968 and 1983 , nfocused on graduate medical universities – the future doctors.
– Recommendations for physicians conducting biomedical nresearch on humans (1964 );
– The Lisbon Declaration on the Rights of Patients (1981 ) 53
– Twelve principles of medical care in any system nHealth ( 1983);
– Guidelines for the provision of health care in rural nareas ( 1983);
Statement on the use of psychotropic drugs and their nabuse (1983);
– Statement on the use of anti-drugs and abuse (1983);
– Declaration on freedom of contact between doctors n(1984);
– Declaration of human rights and personal freedoms nhealth workers (1985);
– Statement of live (1985);
– Declaration of independence and professional freedom nof doctors ( 1986);
– Application for training medical personnel ( 1986);
– Declaration on euthanasia (1987)
– Declaration on the transplantation of human organs (1987 );
– Madrid Declaration on professional autonomy and nself-government of physicians (1987 );
– Declaration of ill attitudes towards older npeople and older ( 1990);
– Statement of policy on the treatment of terminally nill patients suffer from chronic pain ( 1990);
– Statement of doctors neglect their responsibilities n(1992)
– Statement of professional responsibility for the nquality of care (1996 .)
