Development of civil opinion regarding legal relations in the field of medical care in independent Ukraine

Abstract

The article analyzes the development of civil opinion regarding legal relations in the field of medical care provision in Ukraine during the period of independence. It is noted that civilistic thought refers to the set of ideas (concepts, views) of experts in the field of civil law (both scholars and practitioners) regarding the legal essence of legal relations in the field of medical care provision.It is emphasized that comprehensive research on legal relations in the field of medical care provision in Ukraine only began in the early 2000s. At this stage, unlike the Soviet period, the topic of contractual regulation of civil relations in the healthcare sector comes to the forefront, which was influenced by the development of contractual institutions of civil law, particularly contractual obligations for the provision of medical services.Specifically, the research directions of the independence period were: studying the legal nature of legal relations in the field of medical care provision; analyzing the concept and characteristics of civil legal relations in the field of medical care provision; researching the grounds for the emergence of legal relations regarding the provision of medical care; analyzing the object and subject of civil legal relations in the field of medical care provision; peculiarities of civil liability for harm caused by improper provision of medical care, and so on.In addition, attention is drawn to the fact that the opportunities for in-depth scientific research on specific relevant directions in this field are currently difficult due to the Russian armed aggression in Ukraine, which began on February 24, 2022, and has negatively affected all areas of society and the state, including the provision of medical care. At the same time, it is noted that considering the conditions of wartime, there is a need for scientific substantiation in new directions, namely: legal aspects of the implementation of legal relations in the provision of medical care in the context of armed conflicts, peculiarities of the legal status of patients and medical workers in conditions of war, legal aspects of preserving medical confidentiality, and so on.It is concluded that due to Ukraine’s declaration of the irreversibility of its European and Euro-Atlantic course at the constitutional level, today, in difficult wartime conditions, national private law, including civil legal relations in the provision of medical care, must develop in the context of European integration processes, taking into account progressive foreign experience in this field in national legislation.