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The right to healthcare under the conditions of Transitional justice: the flamboyance and poverty of Ukrainian civics 过渡时期司法条件下的保健权:乌克兰公民的浮华和贫穷
Medychne pravo Pub Date : 2023-10-10 DOI: 10.25040/medicallaw2023.02.040
V. M. Pashkov
{"title":"The right to healthcare under the conditions of Transitional justice: the flamboyance and poverty of Ukrainian civics","authors":"V. M. Pashkov","doi":"10.25040/medicallaw2023.02.040","DOIUrl":"https://doi.org/10.25040/medicallaw2023.02.040","url":null,"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.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135043716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The abuse of patentability conditions in the sphere of pharmacy in Ukraine and the EpO: upon the Example of polymorph sofosbuvir 滥用可专利性条件在制药领域在乌克兰和欧洲专利局:在多形索非布韦的例子
Medychne pravo Pub Date : 2023-10-10 DOI: 10.25040/medicallaw2023.02.023
S. V. Kondratiuk
{"title":"The abuse of patentability conditions in the sphere of pharmacy in Ukraine and the EpO: upon the Example of polymorph sofosbuvir","authors":"S. V. Kondratiuk","doi":"10.25040/medicallaw2023.02.023","DOIUrl":"https://doi.org/10.25040/medicallaw2023.02.023","url":null,"abstract":"The author analyzed regulation of the patenting of polymorphs for medicinal products in Ukraine, the European Patent Office, and in countries with stringent application of patentability criteria in pharmaceutical field (Argentina and India). The author described the analysis of the decisions of the Ukrainian patent office and the Appeals Chamber of the Ministry of Economic Development and Trade concerning the refusal of issuing a patent for the polymorph of sofosbuvir, and the impact of this judgment on access of sofosbuvir for the Ukraine’s population. The author also conducted a brief comparative analysis of Ukraine with the approach of the European Patent Office as opposed to «stringent» patent offices and IGOs patentability guidelines regarding the patenting of polymorphs. It is proposed that polymorphs should be excluded from patentability in Ukraine in order to prevent the abuse of patentability conditions by the industry using polymorphs of known chemicals. Such changes should be introduced either by more precise wording in the patent law in order to correct the deficiencies regarding new forms of known medicines in the Article 7(7) of the Law of Ukraine «On Protection of Inventions and Utility Models» or by introducing relevant provisions by development of patentability guidelines for pharmaceuticals on a sub-legislative level.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135043715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A «Tacit Consent» to Transplantation: to be оr Not to be 对移植的“默认同意”:被允许或不允许
Medychne pravo Pub Date : 2023-10-10 DOI: 10.25040/medicallaw2023.02.055
Kh. Ya. Tereshko
{"title":"A «Tacit Consent» to Transplantation: to be оr Not to be","authors":"Kh. Ya. Tereshko","doi":"10.25040/medicallaw2023.02.055","DOIUrl":"https://doi.org/10.25040/medicallaw2023.02.055","url":null,"abstract":"Regulatory collisions and lacunae in the legal regulation of transplantation are highlighted. The analysis was carried out and improvement of normative acts in the outlined area was proposed. The possibility of implementing the principle of tacit consent to transplantation was investigated. The practice of the European Court of Human Rights in the field of application of transplantation is analyzed.
 The principle of tacit consent provides for the possibility of using any biological materials from the body of a deceased person, if the latter did not testify to their disagreement during their lifetime or the relatives of the deceased person did not make any statements regarding the prohibition of removing organs and tissues from the body of the deceased. The main idea of applying this principle in this area is to reduce the amount of time it takes to obtain the consent of the donor's relatives and, accordingly, to carry out a higher­ quality transplant to the recipient with the use of a smaller number of means to maintain the activity of this or that organ.
 The introduction of the principle of tacit consent in any country requires: firstly, a clear regulation, and secondly, it must be correlated not only with the domestic legislation of such a country, but also with international treaties ratified by this country in order to avoid misunderstandings and new precedents for the practice of the European Court of Human Rights.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135043714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
How the supervisory board was replaced by a monitoring board in the Healthcare unit 医疗保健部门的监事会是如何被监督委员会取代的
Medychne pravo Pub Date : 2023-10-10 DOI: 10.25040/medicallaw2023.02.047
I. A. Selivanova
{"title":"How the supervisory board was replaced by a monitoring board in the Healthcare unit","authors":"I. A. Selivanova","doi":"10.25040/medicallaw2023.02.047","DOIUrl":"https://doi.org/10.25040/medicallaw2023.02.047","url":null,"abstract":"As a result of the simultaneous implementation of medical reform and corporate governance reform in Ukraine in the state and communal sectors of the economy, supervisory and supervisory boards appeared in medical enterprises. However, in 2022, supervisory boards were replaced by supervisory boards in the Fundamentals of Health Care Legislation. In order to consolidate this strange novel, the Ministry of Health of Ukraine prepared and presented for public discussion a draft resolution of the Cabinet of Ministers of Ukraine «On the supervisory board of a health care institution».
 In the article, based on the analysis of the current and prospective legislation of Ukraine, scientific and practical publications and court practice, the conclusion about the different legal nature, purpose of activity, procedure of formation and competence of the supervisory board and the supervisory board is substantiated, and the illegality of replacing supervisory boards with supervisory boards is proven. The author substantiates the conclusion that the promotion of the idea of a special status of supervisory boards in health care institutions is carried out by the Ministry of Health of Ukraine with the aim of creating a collegial body to control the activities of the executive body of health care institutions of the director (directorate, board) that provide specialized medical assistance However, the means by which such a goal is achieved do not meet the requirements of the law.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135043713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The fulfillment of reproductive rights in Ukraine: balancing the EU standards and the challenges of the war 乌克兰生殖权利的实现:欧盟标准与战争挑战的平衡
Medychne pravo Pub Date : 2023-10-10 DOI: 10.25040/medicallaw2023.02.009
O. Y. Kashyntseva, O. Y. Pokalchuk
{"title":"The fulfillment of reproductive rights in Ukraine: balancing the EU standards and the challenges of the war","authors":"O. Y. Kashyntseva, O. Y. Pokalchuk","doi":"10.25040/medicallaw2023.02.009","DOIUrl":"https://doi.org/10.25040/medicallaw2023.02.009","url":null,"abstract":"The article discusses the importance of ensuring reproductive rights in Ukraine, particularly amidst the challenges posed by war and the need to align with EU standards. The authors emphasize the crucial role of reproduction and bioethics in protecting human life and dignity during armed conflicts. The article underscores the importance of upholding international legal principles and conventions related to reproductive rights and healthcare, including informed consent, non-discrimination, and the protection of privacy and confidentiality. Ukraine's progress towards aligning its national legislation with the EU, as part of its efforts to acquire candidate country status, is also highlighted.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135043712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Right to Timely Medical Care: Mechanism of Implementation 及时医疗权：实施机制
Medychne pravo Pub Date : 2023-03-24 DOI: 10.25040/medicallaw2023.01.043
{"title":"The Right to Timely Medical Care: Mechanism of Implementation","authors":"","doi":"10.25040/medicallaw2023.01.043","DOIUrl":"https://doi.org/10.25040/medicallaw2023.01.043","url":null,"abstract":"The content of the right to timely medical care is highlighted in this article. An analysis of the national legislation in the field of timeliness of emergency, primary, and specialized medical care was carried out and its comparison was made with international standards in the specified field, as well as with the doctrinal understanding of the timeliness of medical care. While emergency medical care is built on the principle of continuity and the maximum terms for receiving this type of medical care are established, primary and specialized medical care require legislative revision with regards to establishing the maximum terms for receiving primary and specialized medical care, ensuring the continuity of primary medical care, in particular on weekends, public holidays, non-working days. The legislator should pay special attention to ensuring the timeliness of specialized medical care upon referral, as well as the patient’s right to information about the possibility of receiving timely medical care in healthcare institutions. Other deficiencies in the legal regu- lation of the right to timely medical care are identified and ways to overcome this problem are proposed.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48568995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Facilitation by Healthcare Professionals in Obtaining Free Legal Aid for Children Victims of Domestic Violence: Legal Principles and Problematic Aspects 医疗保健专业人员协助家庭暴力受害儿童获得免费法律援助：法律原则和问题方面
Medychne pravo Pub Date : 2023-03-24 DOI: 10.25040/medicallaw2023.01.030
L. L. Hretchenko
{"title":"Facilitation by Healthcare Professionals in Obtaining Free Legal Aid for Children Victims of Domestic Violence: Legal Principles and Problematic Aspects","authors":"L. L. Hretchenko","doi":"10.25040/medicallaw2023.01.030","DOIUrl":"https://doi.org/10.25040/medicallaw2023.01.030","url":null,"abstract":"The purpose of the article is to determine the legal status of a healthcare professional as a subject of assistance to children who are the victims of domestic violence in accessing free legal aid. \u0000The study aims at revealing the issues of practical realization of the child's right to health care in connection with the right to access to free legal aid and the right to protect a child from all forms of violence and abusive treatment. As a result of monitoring the legislative regulation and statistics on cases related to domestic violence, the study revealed a lack of coordination between certain provisions of specialized laws and regulations, as well as a variety of statistics and reports. This makes it difficult to provide a generalized description of the state of access to free legal aid for children victims of domestic violence, in particular with the assistance of medical professionals.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42828456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Taxation of Transactions for the Provision of Health Care Services by Health Care Institutions: Question of Theory and Practice 对医疗机构提供医疗服务交易征税的理论与实践问题
Medychne pravo Pub Date : 2023-03-24 DOI: 10.25040/medicallaw2023.01.058
O. V. Yurchuk
{"title":"Taxation of Transactions for the Provision of Health Care Services by Health Care Institutions: Question of Theory and Practice","authors":"O. V. Yurchuk","doi":"10.25040/medicallaw2023.01.058","DOIUrl":"https://doi.org/10.25040/medicallaw2023.01.058","url":null,"abstract":"In Ukraine, the obligation to pay taxes and fees in the manner and amounts established by law is constitutionally established, and it is determined that the taxation system is established exclusively through the adoption of relevant laws. The article highlights the main aspects of taxation and exemption from taxation of operations for the provision of health care services by health care institutions. The procedure for taxation with value added tax on operations for the supply of health care services by health care institutions has been disclosed. The publication contains an overview of the main provisions of the normative legal acts regarding the exemption from taxation of operations for the supply of health care services by health care institutions. The conditions under which the Tax Code of Ukraine exempts from taxation transactions for the supply of health care services by health care institutions are highlighted. An analysis of judicial practice was carried out regarding the application of subsection 197.1.5 of clause 197.1 of article 197 of the Tax Code of Ukraine.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46286791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Вasics of Professional Interaction of Doctors: Cases of Combination and Separation В医生专业互动的基础：合并和分离的案例
Medychne pravo Pub Date : 2023-03-24 DOI: 10.25040/medicallaw2023.01.009
Y. Babenko
{"title":"Вasics of Professional Interaction of Doctors: Cases of Combination and Separation","authors":"Y. Babenko","doi":"10.25040/medicallaw2023.01.009","DOIUrl":"https://doi.org/10.25040/medicallaw2023.01.009","url":null,"abstract":"On the basis of international and national normative acts, the ethical norms of interaction of doctors with each other are highlighted. The limits of intervention in the process of providing medical care to the patient by the attending physician and cases of involvement of other specialists in the treat- ment process are analyzed. The cases of the necessity of convening a doctor’s council in the provision of a specific type of medical care are considered on the example of the provisions of normative legal acts. \u0000It has been established: \u0000 \u0000the timely detection of medical errors and criticism of the doctor’s actions in the correct form gives a positive result for achieving an effective health care system and establishing the principle of priority provision of the patient’s right to protection of life and health; \u0000remarks and assessment of another doctor’s actions should not have the purpose of belittling his work or luring patients; \u0000frank neglect of one’s duties, unscrupulous and poor-quality provision of medical care to the patient must be recorded and stopped, including by fel- low \u0000","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49630051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Individual Approach аnd Standards in the Sphere оf Healthcare 医疗保健领域的个人方法和标准
Medychne pravo Pub Date : 2023-03-24 DOI: 10.25040/medicallaw2023.01.052
O. V. Khudoshyna
{"title":"Individual Approach аnd Standards in the Sphere оf Healthcare","authors":"O. V. Khudoshyna","doi":"10.25040/medicallaw2023.01.052","DOIUrl":"https://doi.org/10.25040/medicallaw2023.01.052","url":null,"abstract":"The author illustrates the necessity of creating a patient-oriented healthcare system, presupposing an individual patient treatment approach with a choice and the observance of the standard of providing assistance. The individual approach to the patient is based on an integrated and coordinated approach to the analysis of the occurrence and course of the disease for each patient. The main criteria of a personal approach are the development of personalized treatment methods in compliance with health care standards, prevention and combination of diagnosis and treatment, followed by treatment monitoring. An individual approach makes it possible to predict which treatment methods will be safe and effective for each patient, and which will not. It can be seen as an extension of traditional approaches to understanding and treating diseases, enabling doctors to choose a therapy or treatment protocol that can not only minimize side effects, but also ensure a more successful treatment outcome. The author has analyzed different approaches for the standardization and hallmarked the advantages and disadvantages of the individual approach of treating each patient. The author has outlined the main directions of the individual approach of patient treatment.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45298555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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