DEFINING PRINCIPLES OF MEDICAL LAW OF UKRAINE
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article is devoted to the review and analysis of different types and peculiar features of the principles of Medical Law in Ukraine and Germany. It is emphasized that the review of Medical Law principles is essential to confirm the singularity of this area, establishing the backgrounds, development of legal technique and improvement of legal argumentation for further practical application. It has been identified that according to the Ukrainian legislation, nine principles set out in the key act of Ukrainian Medical Law - Fundamentals of the Legislation of Ukraine on Health Care may be considered as independent principles. It has been defined that Medical Law, as a complex branch is characterized by the following peculiarity: it combines specific internal principles as well as principles of other branches related to some institutes, i.e. the ones with the standards that are applied in Medical Law. Whereas, they are used only for the specific institutes. Therefore, medical activity in Ukraine is based on the general, pass-through principles and principles of Medical Law institutes. It has been identified that in Medical law of Germany the system of principles of the medical activity (principles of medical activity) covers also nine key principles. Also according to the Law of Ukraine “On Transplantation of Organs and Other Human Anatomic Material” the principles of legal regulation of transplantation activity have been singled out as a separate institute of Medical Law. Based on Resolution 37/194 of the UN General Assembly and the Declaration on Sustainable Development (Rio-de-Janeiro, 1992), the international principles of Medical Law were analyzed, such as the principles that ensure medical activity according to the German legislation and in the National Legislation according to the Law of Ukraine “On Medicinal Products”. It is emphasized that the issue of Medical Law principles is not sufficiently reflected in the literature in Ukraine and proper reflection of the principles in the legislation is required. It is proposed to classify the principles of Medical Law with application of different approaches. Specifically, it is proposed to split the classification based on the directions of activity into two key groups: 1) medical activity and 2) supporting activity. Also it is proposed to classify the principles of Medical Law based on the level of similarity , institutions that accept and perform the activity as well as other criteria.
Authors and Affiliations
Оксана Василівна Двірська
Keywords
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