Health has always been a core value for people. Nowadays, health is even regarded as a blessing, because to be healthy nowadays means "to have everything".
Legal regulation of medical relations, in particular those related to patients' rights, is not very developed in our state. The Constitution of Ukraine enshrines a norm that human life and health are recognized in Ukraine as the greatest values. This norm can be explained from different angles, but it has only one meaning: human life and health must always come first, because the right to life is an inalienable right, and the right to healthcare is inextricably linked to the first and ramifies into many other natural rights. However, this norm of the Basic Law of the country is declarative in some cases.
The centuries-long history shows that at different stages of the development of society, much attention has always been paid to the study of health problems. Scientists of different directions made attempts to penetrate into the mysteries of such phenomenon as health, define its essence, skilfully manage it and economically use health throughout life, finding the methods to preserve it [4].
The Constitution of Ukraine is the main legislative act of our state, which primarily regulates public relations related to the sphere of health care. Norms of the Constitution are the legal basis for the status of a person in the field of health care, not only enshrining these rights, but also certain means of ensuring that the state has [6, p. 39].
The Constitution of Ukraine has an article that shows us the rights of all humans, these are the rights to health care and medical assistance. This article enshrines the right of everyone to health care, medical assistance and health insurance [5]. This norm reflects the requirements of global and regional international legal standards in the field of health care. In addition to this article, there are other constitutional norms, to a greater or lesser extent relating to health care and accumulating the best examples of international legal acts on human rights [7, p. 236].
Constitutional norms in this area are reflected and specified in other important normative legal acts. One of such documents is the Law of Ukraine "Fundamentals of Legislation of Ukraine on Healthcare" of November 19, 1992 (with amendments as of December 25, 2015) - a normative document devoted to the regulation of relations in the field of healthcare. Declaration of human rights in the sphere of health care - this is the name of this law, it defines legal, organizational, economic and social foundations of health care and regulates public relations in this area [1].
This document reflects the state policy in the sphere of health care, the principles of health care, defines the structure of the right to health care and the responsibilities of citizens, establishes state guarantees for legal protection of the right to health care, defines the policy of the world community in the sphere of health care, regulates the issues of medical expertise, fixes the guarantees of maternal and child health care, provides the basis of the legal status of medical and pharmaceutical workers and other issues in this sphere of life[6, с. 4232], [3, с. 82].
Equally important is the right of each person to health insurance, which is stipulated in part 1 of article 49 of the Constitution of Ukraine, in addition, in accordance with the Fundamentals of Compulsory State Social Insurance as of January 14, 1998, health insurance refers to the compulsory types of state social insurance. However, there is no law that would regulate the relations in the sphere of compulsory medical insurance yet. In order to regulate this issue in Ukraine several draft laws on mandatory health insurance and financing of health care institutions have been developed [2, p. 26].
Legislative consolidation of the rights and norms related to human health care is reflected in many normative legal acts, including the Basic Law of our state - the Constitution of Ukraine. But despite the wide range of normative regulation of health issues, in practice quite often there are certain contradictions associated with both a certain lack of legislative regulation, abuse of certain rights and some other problems.
This sphere is rapidly developing and should be at the proper level in every country. Therefore, we believe that the legislator should eliminate the shortcomings of legal regulation in this area and establish it completely to perfection in our state.
References:
1.Deyaki pytannya udoskonalennya systemy okhorony zdorovia : postanova KM Ukrayiny vid 17.02.2010 r. № 208 // Ofitsiynyy visnyk Ukrayiny. 2010. № 15. P. 8.
2.Dubkin, M. Osnovni zakonodavchi pidkhody do vyrishennya pytannya finansuvannya okhorony zdorovia v Ukrayini // Ekonomichnyy chasopys. 2004. № 10. P. 25‒26.
3.Zakonodavstvo Ukrayiny pro okhoronu zdorovia // Byuleten zakonodavstva i yurydychnoyi praktyky. 2009. № 7. P. 82‒85.
4.Zdorovia natsiyi — naybilsha suspilna tsinnist [Elektronnyy resourse] / O. V. Vynohradov, O. I. Hubskyy, V. H. Serdyuk etc. // Zdorovia Ukrayiny : medychnyy portal. 2015. 27 bereznya. Rezhym dostupu: http://healthua.com/articles/1041.html.
5.Konstytutsiya nezalezhnoyi Ukrayiny / red. V. F. Pohorilka, Y. S. Shemshuchenka, V. O. Yevdokymova. K. : Int derzhavy i prava im. V. M. Koretskoho NAN Ukrayiny, 2000. 428 p.
6.Medychne pravo Ukrayiny : handbook / S. H. Stetsenko, V. YU. Stetsenko, I. YA. Senyuta ; [ red. d. yu. n., prof. S. H. Stetsenka]. K. : Vseukrayinska asotsiatsiya vydavtsiv «Pravova yednist». 2008. 507 p.
7.Frytskyi O. F. Konstytutsiyne pravo Ukrayiny : handbook. K. : Yurinkom Inter, 2002. 536 p.
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