Medychne pravoPub Date : 2021-10-07DOI: 10.25040/medicallaw2021.02.080
K. Tereshko
{"title":"DEFAMATION IN THE FIELD OF HEALTH CARE: COLLEGIALITY OF DOCTORS VS. CRITICAL ASSESSMENT OF DOCTORS' ACTIVITIES","authors":"K. Tereshko","doi":"10.25040/medicallaw2021.02.080","DOIUrl":"https://doi.org/10.25040/medicallaw2021.02.080","url":null,"abstract":"The concept of defamation and the composition of defamation tort are analyzed. Foreign experience and judicial practice of defamation application are given. The need to uphold the principle of ensuring a balance between the constitutional right to freedom of thought and speech, the right to free expression of one’s views and beliefs, on the one hand, and the right to respect for human dignity, constitutional guarantees of non-interference in private and family life, judicial protection of the right to rebuttal inaccurate personal information, on the other. The defamation balance between medical collegiality and critical assessment of doctors' activity is formulated. A «defamatory balance» has been formed between the collegiality of doctors and the critical evaluation of doctors' activities, which will be achieved by the preemptive right to freedom of expression to protect the lives and health of patients, actions in the public interest in the case law of the European Court of Human Rights.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43265925","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}
Medychne pravoPub Date : 2021-10-07DOI: 10.25040/medicallaw2021.02.009
N. Kniazevych
{"title":"HISTORICAL AND LEGAL ANALYSIS OF THE HEALTH CARE WORKERS’ LEGAL STATUS DEVELOPMENT","authors":"N. Kniazevych","doi":"10.25040/medicallaw2021.02.009","DOIUrl":"https://doi.org/10.25040/medicallaw2021.02.009","url":null,"abstract":"The article is devoted to historical and legal analysis of the health care workers’ legal status development. The paper analyses the beginning of the establishment of the first rules of behavior and professional responsibilities of medical workers in Ukraine, as well as regulations governing the legal status of medical workers in different years in Ukraine. It has been emphasized on the importance of research in the context of the modern health sector reforms for the formation of its directions of implementation. \u0000The administrative and legal status of a medical worker makes it possible to determine their place and role in public administration and other public relations. The rights and responsibilities of health care workers are of great scientific and practical importance, especially in view of the ongoing health care reform processes in the country. In view of this, it is important to study the peculiarities of the formation of certain rights and responsibilities of medical workers, which constitute their current legal status, over a significant period of the Ukrainian history.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48254117","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}
Medychne pravoPub Date : 2021-10-07DOI: 10.25040/medicallaw2021.02.057
G. Myronova
{"title":"ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION","authors":"G. Myronova","doi":"10.25040/medicallaw2021.02.057","DOIUrl":"https://doi.org/10.25040/medicallaw2021.02.057","url":null,"abstract":"The article examines the legal nature of human rights in the field of health care. It has been substantiated that certain personal inalienable rights of an adult able-bodied patient are derived from the constitutional absolute human rights. These include the right to consent to medical intervention, the right to refuse medical intervention and the right to receive medical information about oneself. The status of law as an absolute constitutional presupposes certain objective differences in the exercise of this right by a person and in the mechanism of intervention of the state and other participants in relations in its exercise. Therefore, the enshrinement of constitutional human rights in special legislation should pursue the goal of providing additional protection of these rights and additional mechanisms for their implementation. In particular, the inclusion of constitutional human rights in civil law should provide additional legal safeguards for respect for the dignity and inviolability of the person in civil relations and additional civil remedies for the exercise of human autonomy in the field of medicine. The author proposes some civil remedies for the patient to exercise their absolute rights.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46463806","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}
Medychne pravoPub Date : 2021-10-07DOI: 10.25040/medicallaw2021.02.071
V. Pashkov
{"title":"LEGAL REGULATION OF MOST DANGEROUS MICROORGANISMS STRAINS HANDLING","authors":"V. Pashkov","doi":"10.25040/medicallaw2021.02.071","DOIUrl":"https://doi.org/10.25040/medicallaw2021.02.071","url":null,"abstract":"The statutory basis of Ukraine on the treatment of strains of most dangerous microorganisms has been analyzed, and the terminology important for further understanding of the issue has been clarified. The aim of the paper is to study the state of legal regulation in Ukraine of relations in the field of treatment of strains of especially dangerous microorganisms, to pro- vide analysis of the current legislation of Ukraine in this area, as well as the practice of its application. Theoretical bases of legal support of legitimation of activity in this sphere, including that for the purpose of protection of biological safety have been established. The necessity of legal regulation of participants of relations concerning treatment of strains of especially dangerous microorganisms activity has been substantiated. The current state of legal regulation of relations in the field of strain management requires, given the intersectoral nature of the isssue, consideration of the creation of a single intersectoral authority for the supervision of hazardous biological objects. Such a authority may not only be a licensing authority, but also responsible for the introduction of a register of owners of hazardous biological objects that are not economic entities (for example, individuals – owners of collections of such biological objects).","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43575084","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}
Medychne pravoPub Date : 2021-10-07DOI: 10.25040/medicallaw2021.02.086
R. B. Hobor
{"title":"PROTECTION OF PERSONS WITH DISABILITIES RIGHTS: PRINCIPLES UNDER THE CONVENTION AND THE NATIONAL CASE-LAW","authors":"R. B. Hobor","doi":"10.25040/medicallaw2021.02.086","DOIUrl":"https://doi.org/10.25040/medicallaw2021.02.086","url":null,"abstract":"In spite of all the short-comings, the level of protection of rights and capabilities of people with disabilities has become a good indicator of nation’s development, and such a trend is nothing but hopeful. At the same time, one can hardly imagine that this high attitude would be attainable without the influence of left liberal ideologies, that among omnibus achievements granted the shift from medical to social disabilities model.This situation cannot stand but to resemble in a certain state of rights and capabilities exercise, and even the availability of access to the key resources is impossible to bring to the point of marginalization of the mental and physical health problems. As the analyzed material shows, left liberal ideologists,being responsible for shaping the current International Law on Persons with Disabilities, finally succeeded in promoting their principle ideas in the nation case-law. The right to water, lay down on the ship’s practice, as you will look lower, you can use the clever illustration of that relief flow, as the national judiciary can fix the development of the rights and capabilities of individuals from the same basis.The article further develops the idea, that national courts sometimes tend to use realistic approach (as invented by R. Pound, J. Llewellyn, O.W. Holmes) for the sake of implementing the social model of disability. It has been concluded that legal realism is a transmitter for left liberal values in the modern western societies.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48961986","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}
Medychne pravoPub Date : 2021-02-22DOI: 10.25040/MEDICALLAW2021.01.078
Arturs Mietulis
{"title":"PLAYING A FORTUNE-TELLER AND GETTING READY FOR THE BIG GAME: BEING READY FOR EMA TO BUILD A BRIDGE BETWEEN CODED AND SEMI-STRUCTURED DATA BY VIRTUE OF A DIGITAL FIT STRATEGY","authors":"Arturs Mietulis","doi":"10.25040/MEDICALLAW2021.01.078","DOIUrl":"https://doi.org/10.25040/MEDICALLAW2021.01.078","url":null,"abstract":"The article deals with digital solutions in the field of healthcare. The author outlines pros and cons of new modern technologies, including big data and its analysis techniques in the said field. The activity of the European Medicines Agency as a model for developing promising data strategies for internal reuse of standardized data has been analyzed. The importance of investing in pharmacological examination has been substantiated.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44152913","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}
Medychne pravoPub Date : 2021-01-01DOI: 10.25040/medicallaw2021.02.047
O. Myronets
{"title":"INTERSEXES’ AND HUMANS WITH INTEGRATED IMPLANTS RIGHTS PROTECTION ISSUES AND PROSPECTS IN MODERN CONDITIONS","authors":"O. Myronets","doi":"10.25040/medicallaw2021.02.047","DOIUrl":"https://doi.org/10.25040/medicallaw2021.02.047","url":null,"abstract":"The paper investigates intersexes’ and humans with integrated implants rights protection issues and prospects in modern conditions. Author’s theoretical vision of intersexes and humans with integrated implants understanding and their rights protection was represented. Main issues concerning the mentioned categories of people effective rights protection have been defined. Prospective directions in relation to intersexes’ and humans with integrated implants legal possibili- ties regulation and defence in modern conditions have been outlined.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69163249","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}
Medychne pravoPub Date : 2020-04-21DOI: 10.25040/medicallaw2020.01.038
A. Klich
{"title":"Proceedings Before Regional Commission for Evaluation of Medical Events (RCME) in Poland as an extrajudicial method of resolving civil disputes involving patients","authors":"A. Klich","doi":"10.25040/medicallaw2020.01.038","DOIUrl":"https://doi.org/10.25040/medicallaw2020.01.038","url":null,"abstract":"The legal act of fundamental importance from the perspective of protecting patients’ rights in Poland is the Act on patient rights and the Commissioner for Patients’ Rights. The amendment of 2011 of this Act added a chapter devoted to the alternative method of resolving disputes with the participation of patients, i.e. proceedings before the regional commission for evaluation of medical events. In Poland, these commissions operate in 16 voivodeship. Their functioning is an alternative to traditional court proceedings. The purpose of this study is to present the institution of proceedings before commissions in Poland. The Author will present the purpose and course of the proceedings, and draw attention to the advantages and disadvantages of this solution. The conclusions presented in this study are based on the functioning of one of these commissions, whose Author is the vice-chairperson.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45758571","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}
Medychne pravoPub Date : 2019-09-12DOI: 10.25040/medicallaw2019.02.035
N. Kvit
{"title":"Legal regulation of the biological materials concept as an integral part of a biobank, and their relation with anatomical materials","authors":"N. Kvit","doi":"10.25040/medicallaw2019.02.035","DOIUrl":"https://doi.org/10.25040/medicallaw2019.02.035","url":null,"abstract":"This article is devoted to the problem of defining the concept of biologi cal material, the object of legal relations regarding the creation and use of biological banks. Components of this concept, such as tissues, cells, embryo fetal anatomical materials, are analyzed. On the basis of a comparative analysis with the concept of anatomical materials, which made it possible to differentiate the sphere of legal regula tion of relations regarding the creation and use of biobanks with the scope of transplantation legislation in Ukraine, the characteristic features of bio logical material were distinguished. In particular, biological materials are always materials of human origin, which is obtained during the life of a person and on the basis of informed consent (except for the eyeball, which is obtained posmortal by the rules of transplantation legislation); the main components of this concept are tissues and cells, when the organs and their parts are excluded from the content of this concept; a special component of the concept of \"biological material\" is material of embryofetal origin, the legal regulation of which has its own pecu liarities and excludes the possibility of using living in vitro embryo; biologi cal fluids, secrets, vital products, physiological excretions, smears, scrapes, washes, biopsy material are special components of this concept, however, because of the imperfection of the current legislation, they cannot be used in the activity of biobank managers; the majority of biological material after its including to the biobank and as a result of its processing (for example, the selection of stem cells) becomes a \"product and / or preparation of cord blood, other human tissues and cells\". The result of this study are the formulated proposals for the defining the concept of biological materials and its components in the current legislation of Ukraine to unify the legal terminology according to the world standards.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46265233","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}
Medychne pravoPub Date : 2019-09-12DOI: 10.25040/medicallaw2019.02.026
O. V. Danchenko
{"title":"Surrogate motherhood v. adoption: comparative characteristics and current challenges","authors":"O. V. Danchenko","doi":"10.25040/medicallaw2019.02.026","DOIUrl":"https://doi.org/10.25040/medicallaw2019.02.026","url":null,"abstract":"","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48655452","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}