SOME ASPECTS OF SECURING A PERSONAL NON-PROPRIETARY RIGHT TO HEALTH

INTRODUCTION The ideology of “human-centrism” enshrined in the current Constitution of Ukraine is a legal phenomenon of the European level, but it does not require declarative but real implementation of modern legal relations and norms of Ukrainian legislation. Against this background, there is a need to rethink individual civil law institutions, in particular one of the types of personal non-property rights of an individual envisaged by the rules of the current Civil Code of Ukraine – right to health and medical care 1 . These rights belong to the group of personal non-property rights that ensure the natural existence of human beings, are inalienable, necessary and should be protected, because human health is the overriding social value of the modern state and the basis for future generations. These rights individualize the persone and promote personal freedom, that is, the ability to freely choose different behaviors within social relationships. That is one of the conditions of active human life. At the general legal level the rights of individuals in the sphere of health care are a set of fundamental, inalienable, natural rights that are individual in nature and enable a person to use the methods prescribed by law to ensure the proper functioning of his body as a whole. In civil law, the idea of personal non-property rights of individuals in the sphere of health are personal civil rights. These rights of origin are natural. Their contents contain the possibility of using certain means for the preservation, development, strengthening and restoration in case of violation of the human body condition, provided that such use does not violate the rights of others 2 . According to current researchers, the right to health care and medical care fall into the category of personal non-property rights of individuals arising in the field of medical relations, and can be defined as the rights of patients.