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DEFAMATION IN THE FIELD OF HEALTH CARE: COLLEGIALITY OF DOCTORS VS. CRITICAL ASSESSMENT OF DOCTORS' ACTIVITIES 医疗保健领域的诽谤:医生的合作vs.对医生活动的批判性评估
Pub Date : 2021-10-07 DOI: 10.25040/medicallaw2021.02.080
K. Tereshko
The concept of defamation and the composition of defamation tort are analyzed. Foreign experience and judicial practice of defamation application are given. The need to uphold the principle of ensuring a balance between the constitutional right to freedom of thought and speech, the right to free expression of one’s views and beliefs, on the one hand, and the right to respect for human dignity, constitutional guarantees of non-interference in private and family life, judicial protection of the right to rebuttal inaccurate personal information, on the other. The defamation balance between medical collegiality and critical assessment of doctors' activity is formulated. A «defamatory balance» has been formed between the collegiality of doctors and the critical evaluation of doctors' activities, which will be achieved by the preemptive right to freedom of expression to protect the lives and health of patients, actions in the public interest in the case law of the European Court of Human Rights.
分析了诽谤的概念和诽谤侵权的构成。介绍了国外诽谤诉讼的经验和司法实践。必须坚持确保在思想和言论自由的宪法权利、自由表达个人观点和信仰的权利与尊重人的尊严的权利、不干涉私人和家庭生活的宪法保障、对驳斥不准确的个人信息的权利的司法保护之间取得平衡的原则。制定了医疗合议和医生活动的批判性评估之间的诽谤平衡。在医生的合议与对医生活动的批判性评价之间形成了一种"诽谤平衡",这将通过保护患者生命和健康的优先言论自由权,以及欧洲人权法院判例法中符合公共利益的行动来实现。
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引用次数: 0
HISTORICAL AND LEGAL ANALYSIS OF THE HEALTH CARE WORKERS’ LEGAL STATUS DEVELOPMENT 医务人员法律地位发展的历史与法律分析
Pub Date : 2021-10-07 DOI: 10.25040/medicallaw2021.02.009
N. Kniazevych
The article is devoted to historical and legal analysis of the health care workers’ legal status development. The paper analyses the beginning of the establishment of the first rules of behavior and professional responsibilities of medical workers in Ukraine, as well as regulations governing the legal status of medical workers in different years in Ukraine. It has been emphasized on the importance of research in the context of the modern health sector reforms for the formation of its directions of implementation. The administrative and legal status of a medical worker makes it possible to determine their place and role in public administration and other public relations. The rights and responsibilities of health care workers are of great scientific and practical importance, especially in view of the ongoing health care reform processes in the country. In view of this, it is important to study the peculiarities of the formation of certain rights and responsibilities of medical workers, which constitute their current legal status, over a significant period of the Ukrainian history.
本文致力于对医护人员法律地位发展的历史和法律分析。本文分析了乌克兰第一部医务工作者行为准则和职业责任准则的建立之初,以及乌克兰不同年份医务工作者法律地位的规定。有人强调,在现代卫生部门改革的背景下进行研究对制定其实施方向具有重要意义。医务工作者的行政和法律地位可以确定他们在公共管理和其他公共关系中的地位和作用。卫生保健工作者的权利和责任具有重大的科学和实际意义,特别是考虑到该国正在进行的卫生保健改革进程。有鉴于此,重要的是研究在乌克兰历史的重要时期内,医务工作者某些权利和责任的形成特点,这些权利和责任构成了他们目前的法律地位。
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引用次数: 0
ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION 医疗保健领域的绝对人权:限制的法律依据
Pub Date : 2021-10-07 DOI: 10.25040/medicallaw2021.02.057
G. Myronova
The article examines the legal nature of human rights in the field of health care. It has been substantiated that certain personal inalienable rights of an adult able-bodied patient are derived from the constitutional absolute human rights. These include the right to consent to medical intervention, the right to refuse medical intervention and the right to receive medical information about oneself. The status of law as an absolute constitutional presupposes certain objective differences in the exercise of this right by a person and in the mechanism of intervention of the state and other participants in relations in its exercise. Therefore, the enshrinement of constitutional human rights in special legislation should pursue the goal of providing additional protection of these rights and additional mechanisms for their implementation. In particular, the inclusion of constitutional human rights in civil law should provide additional legal safeguards for respect for the dignity and inviolability of the person in civil relations and additional civil remedies for the exercise of human autonomy in the field of medicine. The author proposes some civil remedies for the patient to exercise their absolute rights.
这篇文章审查了保健领域人权的法律性质。事实证明,成年健全病人的某些个人不可剥夺的权利来源于宪法规定的绝对人权。这些权利包括同意医疗干预的权利、拒绝医疗干预的权利和获得关于自己的医疗信息的权利。法律作为绝对宪法的地位,以个人行使这一权利以及国家和其他参与者在行使这一权利时的干预机制方面的某些客观差异为前提。因此,在特别立法中载入宪法规定的人权时,应力求达到为这些权利提供额外保护和为执行这些权利提供额外机制的目标。特别是,将宪法人权纳入民法应当为在民事关系中尊重人的尊严和不可侵犯性提供额外的法律保障,并为在医学领域行使人的自主权提供额外的民事补救办法。笔者提出了患者行使绝对权利的民事救济措施。
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引用次数: 1
LEGAL REGULATION OF MOST DANGEROUS MICROORGANISMS STRAINS HANDLING 最危险微生物菌株处理的法律法规
Pub Date : 2021-10-07 DOI: 10.25040/medicallaw2021.02.071
V. Pashkov
The statutory basis of Ukraine on the treatment of strains of most dangerous microorganisms has been analyzed, and the terminology important for further understanding of the issue has been clarified. The aim of the paper is to study the state of legal regulation in Ukraine of relations in the field of treatment of strains of especially dangerous microorganisms, to pro- vide analysis of the current legislation of Ukraine in this area, as well as the practice of its application. Theoretical bases of legal support of legitimation of activity in this sphere, including that for the purpose of protection of biological safety have been established. The necessity of legal regulation of participants of relations concerning treatment of strains of especially dangerous microorganisms activity has been substantiated. The current state of legal regulation of relations in the field of strain management requires, given the intersectoral nature of the isssue, consideration of the creation of a single intersectoral authority for the supervision of hazardous biological objects. Such a authority may not only be a licensing authority, but also responsible for the introduction of a register of owners of hazardous biological objects that are not economic entities (for example, individuals – owners of collections of such biological objects).
分析了乌克兰处理最危险微生物菌株的法律依据,并澄清了对进一步理解这一问题很重要的术语。本文的目的是研究乌克兰在处理特别危险微生物菌株领域的法律法规状况,分析乌克兰在这一领域的现行立法及其应用实践。已经建立了法律支持这一领域活动合法化的理论基础,包括保护生物安全的理论基础。已经证实了对具有特别危险微生物活性的菌株的处理关系的参与者进行法律监管的必要性。鉴于issue的跨部门性质,菌株管理领域关系的法律监管现状要求考虑建立一个单一的跨部门机构来监督危险生物物体。该机构不仅可以是许可证颁发机构,还可以负责建立非经济实体的危险生物物体所有人登记册(例如,个人——此类生物物体收藏的所有人)。
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引用次数: 0
PROTECTION OF PERSONS WITH DISABILITIES RIGHTS: PRINCIPLES UNDER THE CONVENTION AND THE NATIONAL CASE-LAW 保护残疾人权利:公约原则和国家判例法
Pub Date : 2021-10-07 DOI: 10.25040/medicallaw2021.02.086
R. B. Hobor
In spite of all the short-comings, the level of protection of rights and capabilities of people with disabilities has become a good indicator of nation’s development, and such a trend is nothing but hopeful. At the same time, one can hardly imagine that this high attitude would be attainable without the influence of left liberal ideologies, that among omnibus achievements granted the shift from medical to social disabilities model.This situation cannot stand but to resemble in a certain state of rights and capabilities exercise, and even the availability of access to the key resources is impossible to bring to the point of marginalization of the mental and physical health problems. As the analyzed material shows, left liberal ideologists,being responsible for shaping the current International Law on Persons with Disabilities, finally succeeded in promoting their principle ideas in the nation case-law. The right to water, lay down on the ship’s practice, as you will look lower, you can use the clever illustration of that relief flow, as the national judiciary can fix the development of the rights and capabilities of individuals from the same basis.The article further develops the idea, that national courts sometimes tend to use realistic approach (as invented by R. Pound, J. Llewellyn, O.W. Holmes) for the sake of implementing the social model of disability. It has been concluded that legal realism is a transmitter for left liberal values in the modern western societies.
尽管存在种种不足,但残疾人权利和能力的保护水平已成为国家发展的一个良好指标,这一趋势充满希望。与此同时,人们很难想象,如果没有左翼自由主义意识形态的影响,这种崇高的态度是可以实现的,在综合成就中,从医疗残疾模式转变为社会残疾模式。这种情况在某种权利和能力行使状态下是无法忍受的,即使能够获得关键资源,也不可能使身心健康问题边缘化。正如分析的材料所表明的那样,左翼自由主义思想家负责塑造现行的《国际残疾人法》,最终成功地在国家判例法中推广了他们的原则思想。水权取决于船上的惯例,当你往下看时,你可以巧妙地说明这种救济流程,因为国家司法机构可以在同样的基础上解决个人权利和能力的发展问题。这篇文章进一步发展了这样一种观点,即国家法院有时倾向于使用现实的方法(由R.Pound、J.Llewellyn、O.W.Holmes发明)来实施残疾的社会模式。法律现实主义是现代西方社会中左派自由主义价值观的一个传播者。
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引用次数: 0
PLAYING A FORTUNE-TELLER AND GETTING READY FOR THE BIG GAME: BEING READY FOR EMA TO BUILD A BRIDGE BETWEEN CODED AND SEMI-STRUCTURED DATA BY VIRTUE OF A DIGITAL FIT STRATEGY 扮演一个算命师,准备好迎接一场大比赛:准备好让ema凭借数字化契合战略在编码数据和半结构化数据之间架起一座桥梁
Pub Date : 2021-02-22 DOI: 10.25040/MEDICALLAW2021.01.078
Arturs Mietulis
The article deals with digital solutions in the field of healthcare. The author outlines pros and cons of new modern technologies, including big data and its analysis techniques in the said field. The activity of the European Medicines Agency as a model for developing promising data strategies for internal reuse of standardized data has been analyzed. The importance of investing in pharmacological examination has been substantiated.
本文涉及医疗保健领域的数字解决方案。作者概述了包括大数据及其分析技术在内的现代新技术在上述领域的利弊。分析了欧洲药品管理局作为制定有前途的数据战略以促进内部重用标准化数据的典范所开展的活动。投资药理学检查的重要性已得到证实。
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引用次数: 0
INTERSEXES’ AND HUMANS WITH INTEGRATED IMPLANTS RIGHTS PROTECTION ISSUES AND PROSPECTS IN MODERN CONDITIONS 现代条件下双性人与融合植入物的权利保护问题与展望
Pub Date : 2021-01-01 DOI: 10.25040/medicallaw2021.02.047
O. Myronets
The paper investigates intersexes’ and humans with integrated implants rights protection issues and prospects in modern conditions. Author’s theoretical vision of intersexes and humans with integrated implants understanding and their rights protection was represented. Main issues concerning the mentioned categories of people effective rights protection have been defined. Prospective directions in relation to intersexes’ and humans with integrated implants legal possibili- ties regulation and defence in modern conditions have been outlined.
本文探讨了现代条件下双性人与人类植入物的权利保护问题与展望。阐述了作者对双性人与人的综合植入认识及其权利保护的理论构想。明确了各类人有效权利保障的主要问题。未来的方向,有关两性和人类与集成植入物的法律可能性,法规和防御在现代条件下已经概述。
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引用次数: 0
Proceedings Before Regional Commission for Evaluation of Medical Events (RCME) in Poland as an extrajudicial method of resolving civil disputes involving patients 波兰医疗事件评估区域委员会(RCME)的诉讼程序,作为解决涉及患者的民事纠纷的法外方法
Pub Date : 2020-04-21 DOI: 10.25040/medicallaw2020.01.038
A. Klich
The legal act of fundamental importance from the perspective of protecting patients’ rights in Poland is the Act on patient rights and the Commissioner for Patients’ Rights. The amendment of 2011 of this Act added a chapter devoted to the alternative method of resolving disputes with the participation of patients, i.e. proceedings before the regional commission for evaluation of medical events. In Poland, these commissions operate in 16 voivodeship. Their functioning is an alternative to traditional court proceedings. The purpose of this study is to present the institution of proceedings before commissions in Poland. The Author will present the purpose and course of the proceedings, and draw attention to the advantages and disadvantages of this solution. The conclusions presented in this study are based on the functioning of one of these commissions, whose Author is the vice-chairperson.
从保护波兰患者权利的角度来看,具有根本重要性的法律行为是《患者权利法》和《患者权利专员法》。该法2011年的修正案增加了一章,专门讨论在患者参与下解决纠纷的替代方法,即在医疗事件评估区域委员会进行诉讼。在波兰,这些委员会在16个省开展活动。它们的运作是传统法庭程序的一种替代。本研究的目的是介绍波兰各委员会的议事制度。提交人将介绍诉讼的目的和过程,并提请注意这种解决方案的优点和缺点。本研究中提出的结论是基于其中一个委员会的运作情况,该委员会的作者是副主席。
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引用次数: 0
Legal regulation of the biological materials concept as an integral part of a biobank, and their relation with anatomical materials 法律规定生物材料概念作为生物库的组成部分,以及它们与解剖材料的关系
Pub Date : 2019-09-12 DOI: 10.25040/medicallaw2019.02.035
N. Kvit
This article is devoted to the problem of defining the concept of biologi cal material, the object of legal relations regarding the creation and use of biological banks. Components of this concept, such as tissues, cells, embryo­ fetal anatomical materials, are analyzed. On the basis of a comparative analysis with the concept of anatomical materials, which made it possible to differentiate the sphere of legal regula tion of relations regarding the creation and use of biobanks with the scope of transplantation legislation in Ukraine, the characteristic features of bio logical material were distinguished. In particular, biological materials are always materials of human origin, which is obtained during the life of a person and on the basis of informed consent (except for the eyeball, which is obtained posmortal by the rules of transplantation legislation); the main components of this concept are tissues and cells, when the organs and their parts are excluded from the content of this concept; a special component of the concept of "biological material" is material of embryo­fetal origin, the legal regulation of which has its own pecu liarities and excludes the possibility of using living in vitro embryo; biologi cal fluids, secrets, vital products, physiological excretions, smears, scrapes, washes, biopsy material are special components of this concept, however, because of the imperfection of the current legislation, they cannot be used in the activity of biobank managers; the majority of biological material after its including to the biobank and as a result of its processing (for example, the selection of stem cells) becomes a "product and / or preparation of cord blood, other human tissues and cells". The result of this study are the formulated proposals for the defining the concept of biological materials and its components in the current legislation of Ukraine to unify the legal terminology according to the world standards.
本文就生物资源库的创建和使用的法律关系客体——生物材料的概念界定问题进行了探讨。这个概念的组成部分,如组织,细胞,胚胎-胎儿解剖材料,进行了分析。在对解剖材料概念进行比较分析的基础上,区分了关于生物库的创建和使用的关系的法律规制领域与乌克兰移植立法的范围,区分了生物材料的特征。特别是,生物材料总是源自人类的材料,这些材料是在人的一生中并在知情同意的基础上获得的(眼球除外,它是根据移植立法的规则在死后获得的);这一概念的主要组成部分是组织和细胞,当器官及其部分被排除在这一概念的内容之外时;“生物材料”概念的一个特殊组成部分是胚胎-胎儿来源的材料,其法律规定有其自身的特殊性,排除了使用体外活胚胎的可能性;生物体液、秘密、重要产品、生理排泄物、涂片、刮擦、洗涤、活检材料是这一概念的特殊组成部分,但是,由于现行立法的不完善,它们不能用于生物库管理人员的活动;大多数生物材料在进入生物库并经过处理(例如,干细胞的选择)后,成为“脐带血、其他人体组织和细胞的产品和/或制剂”。这项研究的结果是制定了乌克兰现行立法中生物材料及其组成部分概念的定义建议,以根据世界标准统一法律术语。
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引用次数: 0
Surrogate motherhood v. adoption: comparative characteristics and current challenges 代孕母亲诉收养:比较特征和当前挑战
Pub Date : 2019-09-12 DOI: 10.25040/medicallaw2019.02.026
O. V. Danchenko
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引用次数: 0
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Medychne pravo
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