Парадигма розвитку медичного права в Україні

Abstract

The article formulates the paradigm of the development of medical law in Ukraine, and also considers the constituent elements that form it. We believe that the legal relations included in the subject of medical law should be divided into two groups. The first group is represented by those relations that arise during the implementation of medical activities in the process of providing medical assistance. That is, the relationship between the doctor and the patient during the implementation of the first diagnostic, treatment and preventive measures. We believe that they are the basis of relations in the field of medicine. The second group of relations includes relations related to the provision of medical care, in particular, in the field of internal organization of the provision of medical services, mandatory medical insurance, control and supervision in the field of health care, licensing and accreditation of medical organizations, etc. We propose to call such relations organizational and legal in the field of medicine, since they are the basis of the emergence of relations in the process of implementing medical activities regarding the provision of medical assistance and ensure its quality provision. It is proved that medical law is an independent complex branch of law, which was formed on the border of profiling branches of law (which, in our opinion, are civil, administrative law, social security law), the subject of which is social relations that arise in the process of implementing medical activities in relation to provision of medical care and organizational and legal relations in the field of medicine. Their legal regulation is based on the combined (imperative-dispositive method). Thus, awareness of the independent sectoral affiliation of medical law will contribute to its further development, improvement of legal regulation of individual sectoral institutes, introduction of new mechanisms of protection and protection of the rights and interests of subjects in the field of health care.