Contracts in the field of providing medical services with the use of assisted reproductive technologies

N. M. Stefanyshyn
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Abstract

The proposed article is devoted to the study of contracts in the field of providing medical services with the use of assisted reproductive technologies. The author notes that the development of social relations affects all spheres of social life, and, at the same time, poses a number of problems that need to be solved. One of these fields, of course, is medicine. Today, medicine has reached such a level of development of medical technologies that allows, for the most part, every patient to receive high-quality medical service and achieve the set goal. People who, for various reasons, are deprived of the opportunity to have children can get a sense of parenthood through the use of assisted reproductive technologies (DRT).Covid-2019, the brutal war that began in Ukraine on February 24, 2022, the ongoing anti-terrorist operation that took place in our country since 2014, etc., lead to the deterioration of the environment and ecological security and do not make it impossible, but also contribute to the appearance of various diseases that worsen the state of human health, negatively affect the functioning of all systems of the human body, including the reproductive system, which is reflected in the low birth rate in Ukraine and the demographic situation in general. Therefore, the proposed topic should be investigated in its entirety based on moral and ethical and legal norms, applying knowledge of psychology, sociology and history.Having conducted a scientific study, the author comes to the conclusion that the most successful construction in the civil-law plane, which will regulate social relations for the provision of assisted reproductive technologies, is the construction of a civil-law contract. However, relations with the use of assisted reproductive technologies require proper civil law regulation at the state level, but it is necessary to take into account that such relations are of a special nature, which is related to the personal life of an individual and his natural rights, which are inviolable and inalienable - the right to motherhood and paternity, the right to life, the right to health care, which are guaranteed by the Basic Law of the State - the Constitution of Ukraine and the Universal Declaration of Human Rights.
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使用辅助生殖技术提供医疗服务领域的合同
拟议的条款专门研究利用辅助生殖技术提供医疗服务领域的合同。发件人指出,社会关系的发展影响到社会生活的所有领域,同时也产生了一些需要解决的问题。当然,其中一个领域就是医学。今天,医学已经达到了这样一个医疗技术的发展水平,在很大程度上,每一个病人都能得到高质量的医疗服务,实现既定的目标。由于各种原因被剥夺生育机会的人可以通过使用辅助生殖技术(DRT)获得为人父母的感觉。2019冠状病毒病,2022年2月24日在乌克兰开始的残酷战争,2014年以来在我国进行的反恐行动,等等,导致环境和生态安全的恶化,并没有使其成为不可能,但也导致各种疾病的出现,使人类健康状况恶化,对包括生殖系统在内的人体所有系统的功能产生负面影响,这反映在乌克兰的低出生率和总体人口状况上。因此,应该根据道德、伦理和法律规范,运用心理学、社会学和历史知识,对拟议的主题进行全面调查。通过科学的研究,笔者认为,在民法层面上,规范辅助生殖技术提供的社会关系的最成功的建构是民法契约的建构。然而,与使用辅助生殖技术的关系需要在国家一级进行适当的民事法律管理,但必须考虑到,这种关系具有特殊性质,涉及个人的个人生活及其不可侵犯和不可剥夺的自然权利————母权和父权、生命权、保健权、这些权利受到国家基本法——乌克兰宪法和世界人权宣言的保障。
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