scholarly journals Legal Support of the Patient's Right to Innovation in Health

2020 ◽  
Vol 9 (4) ◽  
pp. 337
Author(s):  
Oleksandr Shevchuk ◽  
Oleksandr Lysodyed ◽  
Igor Borysenko ◽  
Oleg Bululukov ◽  
Oleksandra Babaieva
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Patient Rights ◽  
International Standards ◽  
Healthcare Sector ◽  
Patients Rights

The article discusses certain aspects of legal regulation of patients' rights to innovations in healthcare sector. The subject of the study is the legislative acts on human rights in healthcare field, forms and types of human rights and directions for their implementation. Attention is focused on such types of patients' rights to innovations in healthcare field: (1) right to biomedical experiments; (2) right to reproductive technology; (3) right to donation;                (4) right to transplant organs and anatomical materials; (5) right to therapeutic cloning; (6) right to change gender;   (7) right to virtual reality. Essence of “innovation in medicine” is revealed, classification of human rights is given. The purpose of the article is to disclose the features of legal regulation of implementation of the patients rights to innovations in healthcare field. The methodology of this work is based on a set of research methods. The comparative method was used to elucidate the legal aspects of the patients rights to innovations in healthcare sector. Using the method of theoretical analysis, systemic and analytical methods, the term “patients' rights to innovations in healthcare field” was established, their varieties were characterized. Introduction of effective innovative models in health sector in context of patient rights will improve the availability and quality of provision of medical services to the population. It has been established that an important element in the implementation of innovative technologies in healthcare sector is the regulatory framework, which must comply with international standards.  Key words: health sector, innovation, legal regulation, patient rights

scholarly journals Public-private partnerships in the healthcare sphere: legal models in Ukraine and foreign countries

2021 ◽  
Vol 10 (37) ◽  
pp. 168-179
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Igor Kompaniiets ◽  
Volodymyr Martynovskyi ◽  
Yurii Matat
Keyword(s):  
Comparative Method ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Healthcare Management ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Healthcare Sector ◽  
Private Partnership ◽  
Foreign Countries

The article discusses certain aspects of the legal regulation of public-private partnerships in the health sector in Ukraine and foreign countries. The subject of the study is the legislative acts of public-private partnerships in healthcare field, its types and directions for their implementation. The varieties of public-private partnership forms in healthcare field in foreign countries and Ukraine are clarified. Process of reforming the healthcare sector, introduction of standards and criteria of best practices of European countries on the issues of partnership under study in national legislation is appropriate and promising. The aim of the article is to disclose the features of legal regulation of public-private partnerships implementation in the healthcare field in foreign countries and Ukraine. The methodology of this work is based on a set of research methods. The comparative method was used to clarify the legal aspects of public-private partnerships in the healthcare field and the possibility of its use in Ukraine, to analyze indicators that determine the success of partnership projects in foreing countries. Using the method of theoretical analysis, systemic and analytical methods, the term of “public-private partnership in the healthcare field” was established, types of contracts, signs of public-private partnership, categories of such partnership models in world practice are given. Experience of the EU countries on public-private partnerships in healthcare field, the introduction of changes in healthcare management system in accordance with requirements of European law is positive for Ukraine.

scholarly journals INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY

2020 ◽  
Vol 6 (4) ◽  
pp. 35-45
Author(s):  
Оlena Busol
Keyword(s):  
Comparative Method ◽  
National Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Asset Recovery

The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.

THE ORGANIZATIONAL LEGAL ASPECTS OF QUALITY OF PALLIATIVE CARE OF PATIENTS OF ONCOLOGIC PROFILE AT THE ACTUAL STAGE

2019 ◽  
Vol 18 (2) ◽  
pp. 68-73
Author(s):  
L. A Ertel
Keyword(s):  
Palliative Care ◽  
Social Services ◽  
Training Programs ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Care Quality ◽  
Educational Standards ◽  
Patients Rights ◽  
Oncologic Patients

The article considers current regulatory framework governing provision of cancer palliative care and establishing the patients' rights. The main problems of implementation of legislation in this area are established, namely: problems of medical care quality, problems of legal regulation of voluntary informed consent, problems of implementation of right of patient to palliative care. It is noted that system of organizational and legal support of medical and social expertise in relation to oncologic patients in need of palliative care requires modernization, especially in terms of quality and availability of services provided by medical and social expertise institutions. The problem of personnel training for implementing procedure for interaction of medical organizations, social services is considered. The need for adjusting training programs to form necessary competencies in implementation of the Federal educational standards targeted to training qualified specialists to provide palliative care is emphasized.

scholarly journals Нuman right to virtual reality in the healthcare: legal issues and enforcement problems

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Oleksandr SHEVCHUK ◽  
Oleg BULULUKOV ◽  
Oleksandr LYSODYED ◽  
Valentyna MAMONOVA ◽  
Yurii MATAT
Keyword(s):  
Human Rights ◽  
Virtual Reality ◽  
Medical Training ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Virtual Space ◽  
International Standards ◽  
Healthcare Sector ◽  
Modern Trend ◽  
Human Right

A key feature of modern legal relations in the healthcare sector is the widespread use of digital technologies. This study describes certain aspects of the legal regulation of the human right to virtual reality in the healthcare sector and the problems of law enforcement. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions of the use of virtual reality in health care in the context of human rights. It is emphasized that the introduction of smart technologies, virtual reality in the healthcare sector is the main modern trend in the development of healthcare in order to improve the provision of healthcare services. The human right to use virtual reality in healthcare is to ensure the actions of virtual reality users within the framework of virtual information relations in the healthcare sector, which are governed by the relevant legal norms. The human right to use virtual reality in healthcare is a fourth generation of human rights. These rights include all rights that have arisen as a result of scientific progress, the development of morality, namely "somatic rights", as well as information rights. The use of virtual reality in the healthcare sector is possible in the following areas, namely: (1) medical training, (2) surgical modeling, (3) rehabilitation, (4) psychotherapy and psychology, (5) ophthalmology, (6) telemedicine, etc. It is stated that user safety, privacy, freedom of expression, ethics and copyright protection in the use of virtual reality in healthcare require legislative regulation, taking into account the European experience. The virtual space in the healthcare sector provides opportunities for the realization of human rights and freedoms regarding the preservation of their health, but can be used to carry out actions that contradict the norms of law and have illegal behavior. The latter requires an improvement in the regulatory framework when using the virtual space of the healthcare sector to protect the interests of the individual, society and the state using international standards.

scholarly journals DIGITALIZATION OF SOCIAL AND LABOR RELATIONS IN A CHANGING WORLD: COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 6 (4) ◽  
pp. 192-213
Author(s):  
Yulia V. Ivanchina ◽  
Yelena A. Istomina
Keyword(s):  
Quality Of Life ◽  
Social Security ◽  
Comparative Method ◽  
Legal Regulation ◽  
Work And Family ◽  
Private Life ◽  
International Standards ◽  
Family Responsibilities ◽  
Coronavirus Infection

The onset of the information society and the digital economy is a natural stage in the development of any state. Informatization of all spheres of social life actualizes the issues of research of already established social relations and their legal regulation, taking into account a new element — their digital support. Employment relationships, as well as social security relationships, are no exception in terms of digital penetration. Labor legislation and legislation on social security, being independent, are often implemented in a systemic relationship, since they are aimed at ensuring the quality of life of individuals. This relationship affects a variety of aspects: employment, the combination (balance) of work and family responsibilities, as well as private life and health care. This determines the potential for a comprehensive analysis of the labor and social rights of citizens in the context of digitalization. The importance of such studies is all the more obvious because, in the context of the spread of the new coronavirus infection, the restrictions imposed, including social distancing, made it impossible, for many, both to carry out work activities and to apply for and receive social benefits. The preservation of the quality of life of the population of this state largely depends on the extent to which the state’s reaction, expressed externally in the form of adopted regulatory legal acts, corresponds to the current situation and helps to solve emerging problems. This article, based on the comparative method of scientific research, shows the development of remote work in Russia and in foreign countries. The importance of information, information technologies and systems in the field of social security is analyzed. The spread of the new coronavirus infection has affected the whole world, and the experience of legal regulation, developed in states with different levels of development, can, taking into account its interpretation, be applied to a certain extent in Russian conditions. In addition, the article emphasizes that the law of any state should be oriented towards international standards in the relevant area.

scholarly journals Survei IoT Healthcare Device

2020 ◽  
Vol 3 (2) ◽  
pp. 153-164
Author(s):  
Yulia Suryandari
Keyword(s):  
Health Sector ◽  
Healthcare Services ◽  
Value Of Life ◽  
Healthcare Sector ◽  
Health Care Technology ◽  
Iot Devices ◽  
Care Technology ◽  
Industry Trends ◽  
The Internet Of Things

The Internet of Things (IoT) has enormous potential in creating the value of life related to technology. IoT has various application domains, including in the health sector. IoT-based healthcare services are expected to reduce costs, improve quality of life, and enrich user experience. The presence of IoT devices for healthcare services can also avoid unnecessary hospitalization and ensure that patients who need health services get it quickly. This paper surveys advances in IoT-based health care technology and reviews the latest architectures / platforms, platforms, applications and industry trends in IoT-based healthcare solutions. Some IoT devices and prototypes in the healthcare field are also discussed in this paper. Through this paper, it is expected that readers can be known and discuss IoT devices in the healthcare sector.

scholarly journals The Challenges of the IS/IT Projects in the Healthcare Sector

2019 ◽  
Vol 4 (1) ◽  
pp. 67-81 ◽  
Author(s):  
Jorge Gomes ◽  
Mário Romão
Keyword(s):  
User Satisfaction ◽  
Health Sector ◽  
Quality Of Healthcare ◽  
Healthcare Services ◽  
Operational Efficiency ◽  
Integrated System ◽  
Superior Performance ◽  
Healthcare Sector ◽  
Emergent Technologies

Essentially, the purpose of investment in information systems and information technology (IS/IT) is to improve the operational efficiency of the organizations, reducing costs and improving levels of quality. Thus, many traditional appraisal techniques are used to evaluate tangible benefits, which are based on direct project costs. Since the 1980s, IS/IT has positioned itself as a strategic tool that through flexibility and innovative ways can produce superior performance. The health sector has sought to improve its effectiveness and efficiency by adopting IS/IT solutions to increase the quality of services, namely patient safety, organizational efficiency, and end-user satisfaction. Hospitals are complex organizations, and this complexity magnifies the opportunity for inevitable human errors. A poorly integrated system can decrease operational efficiency and reduce the quality of healthcare services. The issue remains controversial, as evidenced by several articles. The authors noticed that emergent technologies may offer opportunities to those who can exploit them effectively.

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

scholarly journals Legal Regulation of International Commercial Electronic Contracts. Technological and Legal Aspects of Electronic Signature

Lex Russica ◽  
2020 ◽  
pp. 115-126
Author(s):  
D. A. Lovtsov ◽  
L. V. Terenteva
Keyword(s):  
General Rule ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Vienna Convention ◽  
Electronic Communications ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Cross Border ◽  
Electronic Form

In the modern realities of converting document flow to the digital plane, the issues of validity of contracts concluded in electronic form, as well as the conditions for recognizing an electronic signature, are of particular importance. In this regard, the authors turn to the study of the provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts of 2005, as well as other international trade agreements to clarify their applicability to cross-border contracts concluded in electronic form.In the paper, the authors raise the question of the validity of an electronic cross-border transaction that falls under the regulation of the Vienna Convention on Contracts for the International Sale of Goods of 1980, the USSR reservation to which on the inadmissibility of concluding a contract not in writing, but in any form, continues to apply. In this regard, the authors explore the possibility of interpreting article 13 of the 1980 Vienna Convention containing the definition of the "written form", outside of the general rule of interpretation of the provisions of the 1980 Vienna Convention provided for in article 7.Based on the comparative analysis of national and international legal norms, norms of soft law regulating electronic documents, the authors reveal a number of problems arising from the lack of specificity of the mechanism of recognition of foreign electronic signatures in Russia and put forward proposals for their solution. To this end, the authors explore the possibilities of developing international standards for the compatibility of technological algorithms for electronic digital signatures using an asymmetric scheme, based on which foreign certificates of electronic signature keys can be recognized. 

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

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