Suchergebnisse

The article analyzes the issues of the patient's will in medical relations, it is proved that it is due to the expression of will to the proposed treatment (consent or refusal) that the patient is a full active participant in this relationship. However, his inability to express his will, temporary or irreversible, caused by the development of the disease, the peculiarity of its course may be an obstacle to determining his real desire for future treatment, medical intervention and jeopardize the violation or inability to exercise the patient's right to consent or refuse medical intervention. To avoid this, there is a certain legal institution in the legislation of a number of countries around the world, through which it is possible to plan your treatment in advance, to refuse it, in case of inability to do so in the future. In some legal systems, this institution has different names – "wishes made earlier", "medical will", "patient's will", "power of attorney to make decisions on health care", "patient orders" and so on. The paper analyzes the content of this institute, considers the views of scholars on it, made a comparative analysis with the legal construction of the "testament" and concluded that there are significant differences between these constructions, which makes it impossible, from the author's point of view, to call this will "testament". It is proposed to consider such a will as one of the patient's rights – "patient order", which is made in writing by an adult – the patient, regardless of the type and stage of the disease in case of possible future inability to consent to medical examination, intervention or treatment. The patient has at his disposal not only his will for the future (list of medical procedures that are allowed to be performed in relation to his health, which are not), but also the case when it can be used (for example, coma, autonomic state). It is impossible to conclude it through a representative, because in this case the will of the patient is unknown. This order is executed by ...

The article is devoted to one of the urgent and topical problems of medical law, the problem of determining the legal status of human biological material. The changes taking place today in medicine and genetics open up a number of new opportunities for the study of man, his body and its use. Man has long been seen by science not so much as a "spiritual" value, but as a value as an "object of study" and an "object of experiment". No one denies the material essence of human organs, tissues, their ability to be the subject of a number of civil law transactions (purchase, sale, mines, storage, transportation, etc.). All this requires the legislator to look at human biological material in a new way. The law must respond to all these changes that are taking place in society, in the form of regulation of these benefits, the absence of which we see today. Public relations are developing much faster than the corresponding changes in legislation. The law can help the development of these relations, properly regulating them, and can slow down this process, which is currently happening in Ukrainian law. However, the law cannot stop the process of using human biomaterial, which has long begun. Thus, the purpose of the article is to consider the legal status of human biological material, to determine its place among the existing objects of civil rights. It is proved that the current level of development of medicine, genetics requires a new approach to the study of human biological material, its legal status and place in the system of modern civil law, which determines the relevance of the chosen research topic. Unfortunately, the legislation of Ukraine and most foreign countries does not recognize biomaterial separated from humans as an object of civil rights. However, the author concluded that the subject of a number of transactions, separated from human biomaterial, is no longer an "integral" part of the body, which only confirms the need to consider it as an independent object of civil law, which by its characteristics (material (physical) separation and the ability to act as a commodity in civil circulation) "tends" to the category of things, which is the novelty of this work.

The article is devoted to one of the urgent and topical problems of medical law, the problem of determining the legal status of human biological material. The changes taking place today in medicine and genetics open up a number of new opportunities for the study of man, his body and its use. Man has long been seen by science not so much as a "spiritual" value, but as a value as an "object of study" and an "object of experiment". No one denies the material essence of human organs, tissues, their ability to be the subject of a number of civil law transactions (purchase, sale, mines, storage, transportation, etc.). All this requires the legislator to look at human biological material in a new way. The law must respond to all these changes that are taking place in society, in the form of regulation of these benefits, the absence of which we see today. Public relations are developing much faster than the corresponding changes in legislation. The law can help the development of these relations, properly regulating them, and can slow down this process, which is currently happening in Ukrainian law. However, the law cannot stop the process of using human biomaterial, which has long begun. Thus, the purpose of the article is to consider the legal status of human biological material, to determine its place among the existing objects of civil rights. It is proved that the current level of development of medicine, genetics requires a new approach to the study of human biological material, its legal status and place in the system of modern civil law, which determines the relevance of the chosen research topic. Unfortunately, the legislation of Ukraine and most foreign countries does not recognize biomaterial separated from humans as an object of civil rights. However, the author concluded that the subject of a number of transactions, separated from human biomaterial, is no longer an "integral" part of the body, which only confirms the need to consider it as an independent object of civil law, which by its characteristics ...

The article analyzes issues related to one of the types of Internet technologies in the field of health care, electronic health care system (e-Health) in Ukraine, components and mechanism of its implementation.
Information rights, the right to access the Internet and the use of innovative technologies in medicine have traditionally been referred to as the "fourth generation of human rights", the emergence of which is due to the realities of the XXI century. The medical reform introduced in Ukraine has focused on the patient in the field of health care. The purpose was to bring medical services closer to the patient, simplify the procedure for their provision (use of telemedicine), "material interest" of doctors in providing services (payment for each patient), which should improve the quality and availability of relevant services.
The concept and content of the electronic health care system as an integral part of health care reform are analyzed. The purpose of which is to assist in establishing a relationship between doctor and patient regarding the proper quality of available (receiving) medical services. The functional capabilities of e-Health, positive aspects and certain "weaknesses" in the mechanism of its implementation are identified.
Some components of the e-Health implementation mechanism are considered, which are: introduction of an electronic form of declarations between patients and family doctors, therapists, pediatricians; translation into electronic form of prescriptions under the program "Available Medicines"; introduction of electronic referrals, which is a part of the program "Free diagnostics"; introduction of electronic hospitals; creation of an electronic patient cabinet.