Current trends in the development of medical rights in the law system of Ukraine

2022;
: 37-42

Zharovska I."Current trends in the development of medical rights in the law system of Ukraine."
https://science.lpnu.ua/law/all-volumes-and-issues/volume-9-number-234-2...

Authors:
1
Lviv Polytechnic National University, Institute for Law, Psychology, and Innovative Education, D.Sc. (Law), Associate Professor

The author of the article analyzes the main current trends in the development of medical law as a complex branch of Ukrainian law.

It is stated that medical law has become a comprehensive legal field that deals with legal issues related to treatment, health care, bioethics and life sciences technology. From the legal point of view, medical law is not an independent branch of law. It is an inter-complementary institution and interacts with such areas of traditional law as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, now this trend is much broader and includes scientific knowledge not only within the law. Medical law requires a coherent integrated methodology, including in the fields of medicine, ethics, sociology, cultural studies, political science, technology, biology and economics.

It is stated that in foreign practice there is a tendency to distinguish between medical law and health law. While medical legislation covers the scope of regulations relating to medical operations, industry operators, procedures involved in medical operations, the characteristics of medical experts who perform medical operations, and the relationships that have arisen in the course of medical activities, health care. I. Legislation regulates a wide range of activities, not only medical, but also the procedures performed, the need and necessity of the procedure, the specialists who perform the procedure. In national practice, the issues of administrative functioning of health care bodies are also partially covered by the subject of medical law.

The main trends in the development of medical law in Ukraine are grouped: the development of criminal medical law (responsibility is an integral part of law enforcement activities, otherwise the rules will be declarative and nothing more. Criminal law ; harmonization of complex ideology in the field of medical reproductive law (conflicts on the example of the state of Texas and the Republic of Poland are considered); emphasis on bioethical principles; development of the discipline "Medical Law" within the legal and medical field of education.

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