Personal non-property rights of the patient – types, methods and forms of protection

Abstract

The article emphasizes that at today's stage of development of Ukrainian society, the problem of legal regulation of relations in the field of health care is extremely relevant. The patient is the main participant in medical legal relations, therefore, important attention should be devoted to the study of his personal non-property rights and their protection. The authors highlight the features and main features of the patient, his personal non-property rights and obligations, methods and forms of protection of the patient's personal non-property rights. It is concluded that a patient is a natural person who receives medical care for any disease, pathological condition or other health and vital activity disorder, and also uses medical services regardless of the presence of a disease. The legal structure of the mechanism for protecting the patient's rights is given, which includes the object, subjects, forms and guarantees of protection. The article emphasizes that the institution of protection of personal non-property rights of the patient is insufficiently regulated in the legislation. Special attention is paid to the patient's right to seek protection from the European Court of Human Rights. The authors point out that there is still a need to improve relevant current regulations in order to ensure conditions for health protection of citizens and the realization of the right to health care. It is concluded that there is a need to adopt a separate regulatory act - the Law of Ukraine "On the Protection of Patients' Rights", which would correspond to modern realities and reflect the basic principles of the protection of patient rights, which would include the main issues of legal regulation of relations between medical institutions, doctors and patients regarding provision of medical care, mechanism of legal protection for both patients and doctors.