scholarly journals PROBLEMS OF COUNTERFEITING MEDICAL PRODUCTS IN UKRAINE

2019 ◽  
Vol 72 (5) ◽  
pp. 1131-1135
Author(s):  
Larysa I. Arkusha ◽  
Iryna V. Hloviuk ◽  
Serhii V. Zavalniuk
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Legal Regulation ◽  
Right To Health ◽  
Court Decisions ◽  
National Legislation ◽  
Right To Health Care ◽  
Medical Products ◽  
State Register ◽  
The Right

Introduction: The provision of medical products of adequate quality should be considered as constituent element of the human right to life, inextricably linked with the right to health care protection and medical care. However, the Ukrainian market of counterfeit medical products affects the guaranteeing of the right to health care protection and medical care in Ukraine. The current situation necessitates a study of the legal regulation of counterfeiting of medical products in Ukraine and an increase in its effectiveness. The aim of the research is the formation of scientifically based approaches to improve the activities on counterfeiting of medical products in Ukraine in the aspect of normative regulation. Materials and methods: The empirical base of the research is the national legislation of Ukraine, data from the General Prosecutor’s Office of Ukraine and the Unified State Register of Court Decisions. The methodological basis is a set of general and special research methods of scientific cognition, namely: the logical and normative method; statistical method, as well as methods of comparative analysis and logical methods of research. Review: In the course of the research, the authors have analyzed international acts, national legislation of Ukraine determining the directions and specific features of the activities of state agencies in counterfeiting of medical products in Ukraine, the data of the General Prosecutor’s Office of Ukraine and the Unified State Register of Court Decisions. On the basis of the performed analysis, the authors have suggested measures aimed at increasing the effectiveness of counterfeiting of medical products. Conclusions: The imperfection of the existing system of counterfeiting of medical products in Ukraine has been proven. The authors have offered organizational measures to increase the effectiveness of counterfeiting of medical products, as well as to amend the current criminal, criminal and procedural legislation, taking into account the MEDICRIME Convention ratified in Ukraine.

scholarly journals Health system status as an indicator of the realization of the right to health care

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 502-508
Author(s):  
Vitaly V. Goncharov ◽  
Hussein Vakhaevich Idrisov ◽  
Sukhinina Sukhinina
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Care ◽  
Care Management ◽  
Health Care Management ◽  
Legal Regulation ◽  
Right To Health ◽  
Medical Services ◽  
Right To Health Care ◽  
The Right

This study analyses the impact of legal regulation that ensures the realization of the right to health care and medical care on the state of the health system. This study examines the concept and content of the right to health care and paid and free medical care, reveals the concepts of categories of quality and accessibility of medical services, and draws attention to their various aspects. The analysis of the current state of the health system is carried out. Some features of the provision of medical services to citizens are characterized, and the problems of violation of the right of citizens to medical care, the availability and quality of medical care are analysed. The study examines the varieties of health care management models existing in the world practice and reveals their advantages and disadvantages. The conclusion is made about the possibility of using individual elements of the studied models in Russian health care management.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals INTERNATIONAL ECONOMIC STANDARDS OF MEDICAL PROVISION: LEGAL CHARACTERISTICS AND PROBLEMS OF IMPLEMENTATION IN UKRAINE

2020 ◽  
Vol 5 (5) ◽  
pp. 28
Author(s):  
Dmytro Bilinskyi ◽  
Mushfik Damirchyiev
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Care Delivery ◽  
Synthesis Method ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
International Standards ◽  
Medical Reform ◽  
The Right

The purpose of the paper is to analyze the current legislation on medical reform in the context of harmonization with international standards. In the conditions of social state building in Ukraine, the thesis is axiomatic regarding that the state should show concern for their citizens, including for the protection of their health. In this context, it is relevant to study the implementation of medical reform in Ukraine, since its content and the degree to which the proclaimed provisions are enforced depend on the ability of each person to access quality health care. Methodology. The article is based on international legal acts, laws and by-laws of Ukraine in the field of legal regulation of medical care. Both general scientific and special methodology were used for the research. Methods of analysis and synthesis, method of description, method of induction, method of deduction, method of correlation, etc. were applied. Results. The article defines the directions for harmonization of the legislation of Ukraine on health protection in accordance with international standards. Based on the ECHR practice, proposals have been formulated to improve the legislation of Ukraine. Conclusions. The ECHR has repeatedly concluded that the right to health is complex and includes: the right to information about one's health and the confidentiality of such information; the right to health care; the right to choose the doctor and the remedies freely; the right to a safe environment that affects health and so on. The state does not cover all aspects of providing medical care to citizens, but resorts to limited funding, since the state budget funds are only one of the types of sources of financing. Practical implications. We have formulated the following tasks: to analyze Ukraine's international legal obligations regarding health care; to identify major changes in health care financing and health care delivery in line with health care reform standards in Ukraine; to identify major health care funding issues.

scholarly journals LEGAL ASPECTS OF USING NATURAL RESOURCES FOR HEALTH AND RECREATIONAL PURPOSES TO ENSURE HUMAN RIGHT TO HEALTH CARE

2021 ◽  
Vol 74 (11) ◽  
pp. 3077-3084
Author(s):  
Alla K. Sokolova ◽  
Maryna K. Cherkashyna
Keyword(s):  
Health Care ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Legal Analysis ◽  
The European Union ◽  
Human Right ◽  
Right To Health Care ◽  
The Right

The aim: Is to conduct a comparative legal analysis of the use of natural resources for health and recreation purposes in Ukraine, the European Union, and other countries to improve the scientific theoretical basis of the legal regulation for the use, protection, and conservation of such natural resources. Materials and methods: The national and international legal instruments regulating the rights to health and the right to use natural resources for health and recreational purposes were examined by analyzing practices of foreign states in the field of these legal relations, in particular, the comparative-legal, complex, formal, and logical, structural and functional methods along with analytical and empirical research tools. Conclusions: The legislation of Ukraine does not fully disclose the concepts, features, classification of natural healing and recreational resources, and therefore many aspects of their use, protection, and conservation remain uncertain and unsecured provisions of regulations. The article features approaches to improving the current ecological legislation promoting proper legal regulation of using natural resources for health and recreational purposes, thereby creating the necessary conditions to ensure the right to health care.

scholarly journals Constitutional Right to Health Protection and Medical Care in Ukraine in the Context of the Pandemic COVID-19

2020 ◽  
Vol 13 (4) ◽  
pp. 99
Author(s):  
Yurii Nikitin ◽  
Valentyn Zolka ◽  
Mykhailo Korol ◽  
Yaroslav Kushnir ◽  
Nadiia Demchyk
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Personal Data ◽  
Legal Regulation ◽  
Right To Health ◽  
Health Protection ◽  
International Standards ◽  
Personal Data Protection ◽  
Control Functions ◽  
The Right

The content of the right to health protection and medical care according to Ukrainian legislation is analyzed in the article as well as peculiarities of its realisation in the context of the pandemic COVID-19. It examines also the correlation between the notion “health protection” and “medical care”. On the basis of this correlation, the conclusion is made that the right to health protection is broader and includes, but is not limited to, the right to medical care. Some international standards in the sphere of health protection, which constitute the basis of Ukrainian legislation in this area, are analyzed. The conclusion is made that Ukraine should take into account such standards while limiting human rights, in particular, the right to health protection and medical care in the context of the pandemic COVID-19. It is mentioned that the significant problem remains the legal regulation of quality control of medical care, the creation of organizational technologies with a clear division of control functions between the various actors in the health care system, which is extremely important in terms of the pandemic. The attention is also paid to the personal data protection issue in the sphere of health care. The conclusion is drawn that there should be mechanisms for reporting and protecting against abuse while collecting personal data, and people should be able to challenge any COVID-19-related measures for the collection, aggregation, storage and further use of their data.

The Influence of the Rulings of the Constitutional Court on the Development of Health Law in Lithuania

2007 ◽  
Vol 14 (4) ◽  
pp. 321-333
Author(s):  
Toma Birmontienė
Keyword(s):  
Health Care ◽  
Legal Regulation ◽  
Right To Health ◽  
Social Rights ◽  
Constitutional Court ◽  
Health Law ◽  
Right To Health Care ◽  
Recent Developments ◽  
The Right ◽  
The Impact

AbstractThis article highlights some recent developments in the constitutional doctrine of the right to health care in Lithuania, and more in particular the impact of the decisions of the Constitutional Court of Lithuania on the development of health law. The right to health care, enshrined in the Constitution, is both an obligation of the state and an individual right. The Constitutional Court has developed a doctrine of the right to health care, as well a doctrine of certain other constitutional social rights, which is based on the understanding of the close interrelation between the different constitutional rights, the principle of indivisibility and equal importance of these rights, and the presumption of justiciability of social rights. The analysis is based on the jurisprudence of the Constitutional Court. Two cases on the disputes of the legal regulation concerning the pharmaceutical activities are presented in more detail.

scholarly journals Securing the right to health care: international legal aspects

2020 ◽  
Vol 10 (19) ◽  
pp. 103-111
Author(s):  
Halyna Muliar ◽  
Keyword(s):  
Health Care ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Social ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of international legal aspects of ensuring the constitutional right to protect health in Ukraine in the modern development of the social state and modernization of the legal regulation of public relations. It is argued that the implementation of international legal standards is an important area of reforming the field of medical care and legal support for the provision of medical services, since health care reform requires intensifying the implementation of universal and regional standards in order to create an effective institutional system and an appropriate legislative framework. The health sector is one of the most important objects of public administration, since the social level of the welfare of the people and each individual citizen, the potential for sustainable development of the nation and the economic opportunities of the state and society directly depend on the quality of the provision of medical services. It is noted that the study of the general principles of international legal regulation of health care is of exceptional relevance at the present stage is constantly growing in the context of expanding the scope of international public law to issues that previously traditionally belonged to the sphere of regulation of domestic legislation of individual countries. One of these areas of legal regulation is the social sphere and, in particular, the health sector. In this area, the development and adoption of a large number of universal and regional international legal standards regarding the means of ensuring the proper level of public health, combating infectious and non-communicable diseases, and organizational reform of the system of health care institutions is observed. Thus, the standardization of the right to health care at the level of universal human rights standards is an important guarantee of the realization of this right at the domestic level, imposing on states, including Ukraine, responsibilities for its proper and effective provision. At the same time, general international human rights legal acts, which, among other objects of regulation, determine fundamental international standards in the field of health care, form the basic basis for ensuring the constitutional right to health care at the level of individual national legal systems.

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