The right to healthcare under the conditions of Transitional justice: the flamboyance and poverty of Ukrainian civics

Abstract

It is clear that the right to health is primarily regulated by civil law, as a personal non-property right. However, the analysis of the state of this non-property benefit (including the content of the provision of this right in the Civil Code of Ukraine) shows that the current Civil Code of Ukraine in this part is declarative and does not meet the best examples of civil legislation of European states. This will be especially noticeable in the context of transitional justice. As a result, the saturation of the Civil Code with declarative articles would further create conditions for filling the said provisions with meaningless comments from Ukrainian scholars. This may become a problem in all branches of law. As a result, neither judges, nor lawyers can use the work of Ukrainian scholars in their activity. That is the reason why it could be interrogated of whether the right to health can be ensured by the modern Ukrainian Civil Code.