Areas for further improvement of legislative regulation of patients' rights in Ukraine.

OBJECTIVE: Introduction: The article reviews issues of legal regulation of patients' rights in Ukraine, analyzes the patient-doctor relationship, proposes the legislative approval of new patients' rights and the need of adoption of a single legislation of these rights. The aim of this work is to conduct a detailed study of legal regulation of patients' rights in Ukraine and the EU countries, to identify the areas for further improvement of the legislative regulation of patients 'rights in Ukraine, ways of harmonization of national legislation with international standards, which regulate patients' rights. PATIENTS AND METHODS: Materials and methods: we analyzed national and international regulation of patients' rights, case law of the European Court of Human Rights (ECHR), national court judgments. We also used historical, comparative-legal methods, and instruments of analytical research and empirical study. CONCLUSION: Conclusions: In Ukrainian law many patient rights are not defined, but are applied in medical practice, therefore, they require legal regulation. In particular, they include: the right to convene a consilium; the right to refuse medical interference; the right to terminate treatment, etc. In addition, with the development of medicine, scientific and technological progress, there are some issues, which arise and need to be legally defined, among them: the rights and responsibilities of the patient during transplantation, artificial insemination, medical research, etc. When making health policy, the concept of trust and respect for patients, their autonomy or constructive partnership with them should be taken into account. Doctors need to take a more active part in discussions and debates with patients. Independence of patients in decision making processes must be provided by law, and the rights and obligations of all parties must be clearly reflected in the relevant documents.

Ensuring the environmental rights as a prerequisite for the rights to health in ukraine and The European Union.

OBJECTIVE: Introduction: The present threats to public health and lives depend directly on environmental conditions of natural sites, their pollution and exhaustion degree. Accordingly, there is a need for proper legal enforcement of citizens' rights. Based on this, the relationship between citizens' environmental rights and the right to health is analyzed. The aim:is to carry out a comparative analysis of legal support and correlation in the regulation of the right of citizens to a safe environment in Ukraine and the European Union, as well as to justify and formulate proposals for improving legislation on natural healing resources. PATIENTS AND METHODS: Materials and methods: The national and international legal instruments regulating the rights to health and a safe environment as well as their interrelations were examined by means of analytical expertise and analysis of the jurisprudence, in particular, the comparative legal, complex, formal and logical, structural and functional methods along with analytical and empirical research tools. CONCLUSION: Conclusions: The environmental rights defined as the totality of the rights including the fundamental right to a safe environment and the right to natural resources (natural curative resources and natural resources for therapeutic and health-improving use) have to be proven a prerequisite for exercise of the human rights to health. The option proposed is for the adoption of a unified legal and regulatory instrument relating to the natural curative resources.

Legal enforcement and development directions of health law in Ukraine.

OBJECTIVE: Introduction: The development of medical law should take place systematically based on scientific basis and guided by international experience. The article describes the tendencies and prospects of the medical law development of Ukraine in the context of globalization and European integration processes. The aim of this work is to investigate the problems of legal enforcement and directions of the medical law development in Ukraine. PATIENTS AND METHODS: Materials and methods: We analyzed national and international acts that regulate community rights for medical care, protection of patient rights, which were studied using content analysis and analytical experience, as well as generalization of court practice and statistical data. RESULTS: Review and conclusions: Violation of patient rights is a socially harmful act, impunity of which also affects social security. The quality control mechanism of medical care should be permanent and aimed at improving this quality. It is necessary to create a National Quality Control Agency that would be independent, not subordinate to the Ministry of Healthcare of Ukraine, with professional experts with experience in this direction. The problem of legal protection of patient and doctor rights, as well as provision of legal support to medical institutions and the creation of a regulatory framework to reform the health care system is relevant. It is necessary to create a register of medical lawyers. Creating a system for reporting and monitoring medical errors should be one of the priorities of health care reform in Ukraine.