The Right to Community Health Protection: Legal Nature and the Place in the System of Ukrainian Law
Journal Title: Recht der Osteuropäischen Staaten - Year 2018, Vol 3, Issue
Abstract
The author of the article has substantiated the legal nature of the right to community health protection and has determined its place in the system of national law of Ukraine. To achieve the objectives of the article, the author has outlined the main features of community health, on the basis of which one can determine its legal nature. In particular, the author’s reasoning and arguments specified in the article, allow her to establish the possibility of interpreting the term of “community health” as an equivalent to the concept of “public health”. By analyzing the documents of the World Health Organization and a number of scientific sources, the author has concluded that the community health has such features as: community (or public) nature, focus on public health, focus on public interests and achievement of public goals, which allows her to emphasize the public and legal nature of community health. Subsequently, the author has analyzed such a feature of community health as its “implementation by public administration subjects in the context of public administration”, while naming the remaining features of community health, which specify its legal nature, sectoral and legal affiliation. In order to perform the latter task, the author has additionally studied the subject matter of administrative law and has specified its limits in the field of public health protection. As a result of the study of the mentioned issues, the author has concluded that community health is a part of administrative law. Taking into account the existence of related branches and sub-branches of law, the author has carried out the correlation of administrative law, medical law, health protection law and public health law; as the result the author has grounded the formation of the right of community health within the system of administrative law. Finally, the author has substantiated the affiliation of the right of community health to the sub-branches of the Special Administrative Law and has proved the possibility of naming it as the right of community health protection.
Authors and Affiliations
Єлізавета Белей
Keywords
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- EP ID EP626273
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