Peculiarities of the Dynamics of Medical Relations in Medical Law: Certain Aspects

Abstract

The peculiarities of the implementation of the constitutional right to health care, medical assistance and medical insurance in martial law are clarified and the limits of its implementation are highlighted. It is established that accor­ding to the legislation of Ukraine in the conditions of the imposed martial law, the right guaranteed in Art. 49 of the Constitution of Ukraine, is not subject to restriction due to the absence in the list of constitutional rights that are subject to restriction in Presidential Decree № 64/2022. The normative regulation of the procedure for involvement of the doctors and other foreign health workers and stateless persons in the provision of assistance to victims who come to health care facilities, which is full of regulatory conflicts and controversies, has been studied. It is established that only those health care institutions whose organizational and legal form is communal institutions have the right to involve foreign or stateless medical workers in volunte­ering. The responsibilities of the municipal institutions that involved medical volunteers in their activities have been crystallized, namely: a) to inform the National Social Service of Ukraine in written form within five working days from the moment of involving foreigners and stateless persons in volunteering; b) to inform the Ministry of Health of Ukraine about the involvement of doctors and other foreign and stateless persons in providing assistance to the victims; c) to notify the State Migration Service of Ukraine within five working days in case of termination of volunteering by a foreigner or a stateless person. It has been established that the victims who come to health care facilities are patients by their legal status, so they retain all the guarantees provided by the legislation of Ukraine. In addition, patients under the Law of Ukraine «On Volunteering» in extrapolation to the field of medical care have the right for: a) respectful and humane treatment by volunteers and organizations and institutions that involve volunteers in their activities; b) receiving information about their rights, responsibilities and conditions for providing volunteer assistance; c) observance of the legal regime of information with limited access, i.e. observance of the right to secrecy about the health status; d) selection of volunteers and organizations and institutions that involve volunteers in their activities, forms of volunteer assistance; e) protection of their rights and legitimate interests in accordance with the law.