Regulatory and Legal Ensurement of The Rights of Subjects of Legal Relations in The Provision of Medical Services

Abstract

The legislation of Ukraine and international legal acts regarding human rights and freedoms in the field of health care were analyzed. It has been established that human rights in the field of health care include all rights granted to subjects of medical legal relations, established at the national and international levels. It was established that at the current stage of reforming the health care system of Ukraine, a number of problems remain relevant, including: low rates of implementation regulatory of legal acts; declarative nature of adopted strategic documents; inconsistency of actions regarding implementation and protection of patients’ rights. It is emphasized that all these factors complicate the formation of new relations in the medical field in accordance with modern world norms and standards. Attention was focused on the need for timely adoption of measures for equal access to medical care, observance of human rights and fundamental freedoms, as well as ensuring due respect for the dignity of the human person. Having defined the rights to health care and medical assistance in regulatory legal acts, it was found that the issues of individual autonomy, consent of informed patients, compliance with these norms by medical service providers and the appropriate implementation of these norms in life are still open. Therefore, we believe that it is necessary not only to establish the principle of accessibility, but also to really ensure access to the necessary medical services for all segments of the population. It has been found that at the current stage of global integration processes, issues of morality and ethics in the medical field are of particular importance. The need to improve the mechanisms of legal regulation of the relationship between the patient and the doctor through the development and adoption of the Code of Ethics in accordance with international documents has been proven. It is proposed to adopt a special law that would define in detail the rights of patients to health care and medical care based on the European Charter of Patients’ Rights and the practice of EU member states.