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Lutsenko, O. .
    Bringing Civil Servants to Liability for Disciplinary Misconduct in Judicial Practice of Ukraine, Poland, Bulgaria and Czech Republic [Текст] / O. Lutsenko // Journal of Advanced Research in Law and Economics. - 2017. - Vol. VIII, № 1 (23). - p. 103-112
   Перевод заглавия: Привлечение государственных служащих к ответственности за дисциплинарные проступки в судебной практике Украины

УДК

342.9

ББК Х621.023

Аннотация: A discipline of public servants within an organization requires four characteristics: a number of disciplinary offences, proportionate punishments clearly linked to the disciplinary offences, oversight and appeals from disciplinary decisions, and independence from politicians. This paper examines public sector legislation in Ukraine, Poland, the Czech Republic, and Bulgaria to show the peculiarities of legal regulation of each of these criteria. We argue – a claim that creation of arbitrary powers to punish or dismiss staff is unjust if the legislation does not fully inform staff of what a breach of discipline constitutes, if it does not guarantee proportionate punishments to offences, and/or allow the disciplinary process to be used as a tool to coerce staff to perform in a politicized or otherwise unethical manner. In the article all four criteria are disclosed by comparative analysis with certain EU members (Poland, Bulgaria, Czech Republic). Intermediate and key conclusion about the peculiarities of bringing civil servants to disciplinary liability in Ukraine, Poland, Bulgaria and the Czech Republic and some recommendations are made on the basis of the comparative study.

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Bytyak, Yu. P..
    The State Sovereignty and Sovereign Rights: The Correlation Problem [Текст] / Yu. P. Bytyak, I. V. Yakovyuk, O. Y. Tragniuk, T. Komarova, S. Shestopal // Man in India. - 2017. - Vol. 97, No. 23. - P. 577-588
   Перевод заглавия: Государственный суверенитет и суверенные права: проблема корреляции

УДК

342.31

ББК Х620

Аннотация: In this paper the question on the content of the sovereign rights and their relation to sovereignty was not enough developed in legal science. These issues are in the focus of present paper. In the traditional legal doctrine sovereignty is the category which expresses the content and scope of competences of the state in the domestic and foreign policy. The appearance of a new state automatically means the presence of its sovereignty. The loss of sovereignty leads to the termination of its existence as a subject of international law. The states are forced to self-restriction of their sovereign rights in international (interstate) communication, but without losing the sovereignty. As the human rights, the sovereign rights of the state in a certain sense can be treated as natural. The sovereign rights associate with the existence of the state and don’t depend on other non-legal factors. Conception of the states’ legal equality results in the identity and equality in sovereign rights that states can use on their own. The meaning of the sovereign rights consist of the determination and guaranteeing and clearly defined boundaries of the freedom of the state. Can sovereign rights change in the process of historical development of the states? What is the “measure” of changes of the sovereign rights volume? This rights are inherent to the state and as long as sovereign stats play the major role in international law, their strength remains ultima ratio.

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Pashkov, V. .
    Reproductive function: the protection of the rights of the people which are sent to the area of the fighting. [Текст] / V. Pashkov, N. Gutorova, P. Noha // Wiadomosci lekarskie. - 2018. - Vol. 71, Issue: 2 pt 2. - p. 403-407
   Перевод заглавия: Репродуктивная функция: защита прав людей, которые отправляются в зону боевых действий.

УДК	342.72/.73

ББК Х620

Аннотация: OBJECTIVE: Introduction: The issues of problems of the legal regulation of posthumous reproduction in Ukraine and foreign countries are analysis in the article. The author substantiates the necessity in the creation and acceptance of the State Program of the retrieval of reproductive cells in people who are sending to the area of the fighting. The aim:the purpose of our work is a comprehensive study of post-mortem (post-mortem) reproduction and substantiation of the possibility and necessity of adopting a state program for the selection of reproductive cells of individuals who are sent to a combat zone to ensure their full social protection and assistance in the realization of the right to fatherhood or motherhood. PATIENTS AND METHODS: Materials and methods: the experience of certain countries is analyzed in the research. Additionally, we used statistical data of international organizations, conclusions of experts and foreign legal acts dealing with posthumous reproduction and auxiliary reproductive technologies, judicial practice, doctrinal ideas and views on this issue. RESULTS: Review: there are medical (practical) preconditions for the introduction of posthumous reproduction programs. Among them is the technology of obtaining reproductive cells (post-mortem too), their preservation and successful subsequent use. In addition, foreign experience shows the success of the application of these technologies and the real guarantee of full implementation of the range of rights to the family, fatherhood or maternity. CONCLUSION: Conclusions: we note the urgent need to develop and adopt a state reproductive cell selection program for individuals who are sent to the combat zones (according to a model that exists in such countries as the USA and Israel).

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Tatsiy, V. .
    Bicameralism: European Tendencies and Perspectives for Ukraine [Текст] / V. Tatsyi, S. Serohina // Baltic journal of european studies. - 2018. - Vol. 8, Issue: 1. - P. 101-122
   Перевод заглавия: Бикамерализм : европейские тенденции и перспективы для Украины

УДК	342.5 342.52 342.53

ББК Х620

Аннотация: The authors of the article continue the scientific discourse on the role and significance of bicameralism for building a modern democratic legal state. The main arguments of supporters and opponents of bicameralism have been analysed, given the complicated development of Ukrainian institutional framework and discussions over the European Committee of Regions evolution. The authors of the article attempt to supplement the list of arguments that exist in modern legal literature in favor of Ukraine's transition to bicameralism. The challenges of European integration for Ukrainian parliament as a unitary actor have been highlighted. The authors substantiate the thesis that the formation of the second (upper) chamber does not threaten the Ukrainian unitarianism, but will contribute to further diversification of state power and at the same time increase the stability of the government in terms of a consensual, pluralistic democracy and semi-presidential government.

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Danilyan, O. G..
    Personal information rights and freedoms within the modern society [Текст] / O. G. Danilyan, O. P. Dzeban Y. Y. Kalinovsky, E. A. Kalnytskyi, S. B. Zhdanenko // Informatologia. - 2018. - Vol. 51. No. 1-2. - P. 24-33
   Перевод заглавия: Личные информационные права и свободы в современном обществе

УДК

342.7

ББК Х620

Аннотация: The authors ascertain the correlation between the freedom of information use and both the freedom of speech and the right to information. There was applied the entire toolbox of interrelated and complementary universal scientific and specific methods inherent to philosophic research. The research methodology rests on the system and structure-functional analysis principles. The notions of information, freedom, justice and law are closely interlinked. When exercising freedom one inevitably makes his or her choice from among the available actions while relying on the previously obtained information. The human information rights that are, in their turn, a part of the overall notion of the law enjoys an exceptional role within the freedom of information. Far from being exhausted by the freedom of speech and the right to information, the freedom of information also includes various other aspects. It concerns the entire information and communication sphere at large. The freedom of information is not reduced to any certain type of socially-oriented information. The notion of the right to information goes beyond the right to access information while both of them take on the same social roles and are often terminologically interchangeable.

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Horodovenko, V. V..
    Protection of patients' rights in the european court of human rights [Текст] / V. V. Horodovenko, V. M. Pashkov, L. G. Udovyka // Wiadomosci lekarskie. - 2018. - Vol. 71. Issue: 6. - P. 1200-1206
   Перевод заглавия: Защита прав пациентов в Европейском суде по правам человека

УДК

342.7

ББК Х915.2

Аннотация: OBJECTIVE: Introduction: Currently, there is little attention paid to studying the characteristic features of the protection of patients' rights in the European Court of Human Rights, which is the fact determining the relevance of the scientific research in this area. The aim: To define the basic rights of patients and summarize the practice of the European Court of Human Rights with regard to protection of patients' rights in order to formulate proposals as to the ways of the current legislation improvement. PATIENTS AND METHODS: Materials and methods: In the research, the practice of the European Court of Human Rights, international standards of justice, scientific publications of leading experts in the field of medical law, current and prospective Ukrainian and international laws were used. The research is based on the organic combination of philosophic approaches, general scientific and special legal research methods. RESULTS: Review: The standards and mechanisms of ensuring the rights of patients were singled out from a whole number of international legal acts. In the Ukrainian legislation, the list of patients' rights corresponds to the main provisions of the Declaration of Lisbon on the Rights of the Patient and other international legal acts. The protection of patients' rights in different countries varies based on differences in the laws, organization of the healthcare service as well as economic, social, cultural, religious and moral values. Simultaneously, there are common features in the legal protection of patients' rights, in particular appealing to the ECHR. While considering the cases involving protection of patients' rights based on the Articles of the Convention, the Court has developed a number of positive obligations of the state and minimum guarantees, which should be enshrined in national legislations to protect the rights of patients. CONCLUSION: Conclusions: The absence in the national legislation of clearly defined concepts of medical law limits the potential of legal protection of the rights of patients and necessitates the development and adoption of a single legal act to efficiently regulate the rights and obligations of the physician and the patient, provide classification of healthcare services, procedures and conditions of the services provision, quality criteria, etc. The prospective Medical Code of Ukraine shall become such a normative legal act, since the need for its development provides prospects for further research in this area. The ECHR practice affects national legal practices, primarily in the information, social and educational aspects, contributes to development and adoption of new concepts, court legal culture and a new reference system to comply with the Convention and Court practices.

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Shapoval, R. V..
    Problematic issues of the administrative and legal status of the police in the baltic states (Lithuania, Latvia, Estonia) [Текст] / R. V. Shapoval, I. Bytiak, N. Khrystynchenko, K. Solntseva // Journal of Advanced Research in Law and Economics. - 2018. - Vol. 9, No. 1. - P. 295-306
   Перевод заглавия: Проблемные вопросы административного и правового статуса полиции в балтийских государствах (Литва, Латвия, Эстония)

УДК

342.9

ББК Х621

Анотація - 0 байт
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Shapoval, R. V..
    Path towards national security in the european union: genesis and further development processes [Текст] / R. V. Shapoval, V. Y. Nastyuk, O. I. Bezpalova, N. P. Khrystynchenko // Journal of security and sustainability issues. - 2018. - Vol. 8, Number 1. - P. 45-54
   Перевод заглавия: Путь к национальной безопасности в Европейском Союзе: генезис и дальнейшие процессы развития

УДК

342.9.03

ББК Х621

Аннотация: The article reviews standards of state policies in terms of the national security of the European Union countries. The authors provide a comprehensive analysis of the theory and practice of providing national security in the EU countries. In addition to that, the article provides for a deep analysis of the major methodological approaches in regards to establishing national security in the EU. The authors make a systematic review of the development and implementation of the EU security doctrines. The aim of this research article is to analyze the development of the idea of developing a European defense policy to find an effective way of incorporating our state into European security structures. Also, the research question may be posed as discussion on the way the national security is guaranteed in the EU countries. The novelty of the study is in the way how the past, current and future national security setup is implemented in the EU countries and what may the ways of its development. Materials and methods used in studying this problem, researches and publications of such domestic and foreign researchers were used. At the same time, processes of global and European security need constant analysis and study. The results showed that the problem of the formation of the European security and defense system that emerged shortly after the end of the Second World War prompted European countries to work more closely together, particularly in the defense sector. After the Cold War and the emergence of new challenges for stability on the continent, the EU has embarked on a path towards greater consolidation and greater awareness of own defense and security interests. Conclusion of the article is that an analysis of the approaches to the national security in the EU convincingly demonstrates that the level of security depends on many factors. The successful provision of national security strategy and approach depends on the sustainability and strength of their national economies. Only a strong economy allows successfully defending national interests in growing global competition and world economic disparities. Therefore, a country shall not only develop a national security concept, relying on world experience, but, above all, to reform its domestic and foreign policies with a view to protecting all actors.

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Berchenko, H. .
    Constituent power: the theory and practice of its implementation in Ukraine [Текст] / H. Berchenko, S. Fedchyshyn // Russian law journal. - 2018. - Vol. 6, Issue: 4, Special Issue: SI. - P. 37-61
   Перевод заглавия: Конституционная власть: теория и практика его осуществления в Украине

УДК

342

ББК Х620

Аннотация: The article researches the phenomenon of constituent power as a theoretical concept and the practice of its implementation in Ukraine. Constituent power is associated with the process of adopting a constitution and making amendments to it. A distinction is made between primary and institutional constituent powers. The constituent nature of the Constitution of Ukraine in the interpretation of the Constitutional Court of Ukraine is analyzed. The reasons why the Law “On an All-Ukrainian Referendum” was held invalid with regard to the constituent power of the people is considered. There is an inconsistency in the primary and institutional constituent powers’ interpretation of amendments to the Constitution of Ukraine. The constitutional reform of 2004, the interference with this reform by the Constitutional Court of Ukraine in 2010 and its return by the parliament in 2014 are examined from the standpoint of the constituent power concept. It is concluded that a new constitutional reform, which would provide a clean slate, could be an acceptable solution in Ukraine. In the future, the text of the reformed Constitution should provide for clear mechanisms for amending the Constitution of Ukraine and the adoption of a new Constitution, which would necessarily include procedures for popular legitimacy

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Shulzhenko, N. V..
    Legal bases for improving legislation on the transplantation of human anatomical materials [Текст] / N. V. Shulzhenko [Авторство не підтверджено 07.06.2021 р.] // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue: 4. - P. 707-710
   Перевод заглавия: Правовые основы совершенствования законодательства о трансплантации человеческих анатомических материалов

УДК

614

342.746

ББК Р + Х811.4 + Ю665 + Х623.211.84

Аннотация: OBJECTIVE: Introduction: From January 1, 2019, the Law of Ukraine "On application of the transplantation of anatomical materials to a human being" dated May 17, 2018, № 2427-VIII (hereinafter referred to as Law № 2427), which defined a new system of legal relationship in the field of transplantation and related activities. Simultaneously the validity of the Law of Ukraine "On transplantation of organs and other anatomical materials to a human being" adopted in July 16, 1999. № 1007-XIV was canceled. The development of medical science overlooks the prospect of humanity's salvation from many incurable diseases. One of the directions of medical advancing is the development of transplantation, which is special method of treatment that involves the transplantation of anatomical human material from a donor to a recipient and a focuses on the restoration of human health. Admitting the fact that life or health can be saved for hundreds of thousands of people with its' usage today and the need for it is growing relentlessly. Therefore, research and improvement of legislation on the transplantation of human anatomical materials is well-grounded and timely. The aim: To establish and specify the problematic issues of legal regulation that arise in the transplantation of human anatomical materials sphere. PATIENTS AND METHODS: Materials and methods: During the study, international acts, national legislation and Conclusions of scientists were used. The article is based on dialectical, legal comparative, systemic, historical and complex methods of research. RESULTS: Review: In this paper the main problems of legal regulation of transplantation of human anatomical materials according to the Ukrainian legislation are analyzed and specific suggestions for their solution are proposed. CONCLUSION: Conclusions: The solution to this problem is to create a legislative framework and provide an effective and effective mechanism for regulating and implementing transplantation of human anatomical materials.

Анотація - 0 байт

Gornostay, A. .
    Medical error and liability for it in some post-soviet countries (Belarus, Kazakhstan, Moldova, Ukraine) [Текст] / A. Gornostay, A. Ivantsova, T. Mykhailichenko // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue:5 cz 1. - P. 877-882
   Перевод заглавия: Медицинская ошибка и ответственность за нее в некоторых постсоветских странах (Беларусь, Казахстан, Молдова, Украина)

УДК

614

342.746

ББК Х623.211.84

Аннотация: OBJECTIVE: Introduction: Infliction of harm to life and health due to medical errors is common for the whole world and post-Soviet countries, in particular. The problem of these errors is one of the most important in medical law, although there is no unified concept of it. A small number of sentences in cases of criminal negligence of medical professionals indicates a high latency and often unprovability of this crime in a number of post-Soviet countries. The aim: To disclose the objective and subjective prerequisites of a medical error, reasons for its occurrence, to establish the grounds for criminal liability of medical professionals in case they commit an error and to examine the judicial practice in this regard. Also, to define the concept and types of circumstances exempting criminal liability and their impact on criminal liability issues concerning medical professionals. PATIENTS AND METHODS: Materials and methods: The study is based on the Belarusian, Kazakh, Moldavian and Ukrainian statutory acts as well as international acts, the European Convention for the Protection of Human Rights and Fundamental Freedoms, case law of the European Court of Human Rights (ECHR), national court judgments. Such methods as dialectical, comparative, analytic, synthetic and comprehensive have been used in the paper. RESULTS: Review: On the basis of the study, it has been established that there is no unified concept of a medical error, medical personnel are fairly brought to criminal liability only if they commit an unjustifiable error in the presence of all the mandatory elements of a crime provided for in the relevant article of the Criminal Code. At the same time, it is extremely difficult to prove existence of such an error. Besides, at the state levels, causes and mechanisms of occurring errors have not been revealed, they are not even discussed, which makes it impossible to outline measures to prevent them or reduce their frequency and degree of danger. CONCLUSION: Conclusions: The struggle against medical errors should encompass a number of such activities as standardization of clinical treatment protocols, further education of medical professionals and lawyers in regard to patient safety, thorough investigation of each incident in order to exclude a justifiable error or circumstances exempting criminal liability. Equitable, severe and uncompromising punishments for perpetrators should be an effective means preventing commission of crimes in medicine.

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Slinko, T. .
    Freedom of Expression in Ukraine: (Non)sustainable Constitutional Tradition [Текст] / T. Slinko, O. Uvarova // Baltic journal of european studies. - 2019. - Vol. 9, Issue: 3. - P. 25-42
   Перевод заглавия: Свобода выражения мнений в Украине: (не) устойчивая конституционная традиция

УДК

342.7

ББК Х620
РУБ DOI: 10.1515/bjes-2019-0020

Аннотация: Freedom of expression is one of the prerequisites for the formation and existence of a democratic society; it belongs among the universal values of paramount importance, because it allows not only to freely express own views, but also reveal the potential of the individual. In addition, it is considered (and it is justified) as one of the main and unconditional achievements of the political reform that is being carried out in Ukraine. The guarantee of freedom of expression, which has the highest political normative content, is, on the one hand, the most important asset of an organic constitution, and on the other hand, serves as the main function of the constitution as a legal source that reflects and responds to the interests of civil society. However, the real challenge for the unsustainable constitutional tradition that still retains some signs of the post-Soviet model of regulation is the need to balance freedom qf expression under the conditions of threats to national security. What should be the proper mechanism for guaranteeing freedom of expression at the constitutional level? How strong is the danger that the state violates the requirement of constitutionality in the case of restrictions on freedom of expression for the sake of national security? How does the post-Soviet tradition of legal regulation manifest itself in deciding which model of guaranteeing freedom of expression is chosen by the state? What is the role qf the tradition of respect for personal autonomy and the value of tolerance of a society in guaranteeing freedom of expression? The article is devoted to finding answers to these questions.

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Barabash, Yu. .
    Freedom of speech under militant democracy: the history of struggle against separatism and communism in Ukraine [Текст] / Yu. Barabash, H. Berchenko // Baltic journal of european studies. - 2019. - Vol. 9, Iss. 3. - P. 3-24
   Перевод заглавия: Свобода слова в условиях воинствующей демократии: история борьбы против сепаратизма и коммунизма в Украине

УДК

342

ББК Х620
РУБ DOI: https://doi.org/10.1515/bjes-2019-0019

Аннотация: The article is devoted to the experience of the application of a concept of militant democracy in modern Ukraine. This concept is relevant due to the prolonged domination of the communist totalitarian regime until 1991, and also in view of the encroachment on the principle of territorial integrity in 2014. It is argued that Ukraine, formally consolidating separate instruments of militant democracy at the level of the Constitution of Ukraine, almost did not apply such instruments until 2014. The active process of decommunization started in 2014, after the Revolution of Dignity; it was realised, in particular, in the declaration of lustration, as well as the banning of the two communist parties, but the most influential Communist Party remains officially not banned up till now. Also, the two parties, accused of infringement on territorial integrity, were banned in 2014. The issue of differentiation between aggressive words and aggressive actions of parties is analysed. It is argued that representatives of the parties, who during the twenty years of Ukrainian independence openly denied one of the key values of the constitutional order of Ukraine, its territorial integrity, became active participants of the temporary occupation.

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Serohina, S. .
    Delegation of State Powers to Local Self-Government Bodies: Foreign Experience and Ukrainian Realities [Текст] / S. Serohina, I. I. Bodrova, A. Novak // Baltic journal of european studies. - 2019. - Vol. 9, Issue: 3. - P. 262-285
   Перевод заглавия: Делегирование государственных полномочий органам местного самоуправления: зарубежный опыт и украинские реалии

УДК

342.25

ББК Х061.307 + Х806.6 + Х810.112
РУБ DOI: 10.1515 / bjes-2019-0033

Аннотация: This article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension. Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law 'On delegation of separate powers of executive authorities to local self-government bodies) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.

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Mokhonchuk, B. .
    Towards a Legal Framework That Protects Freedom of Expression in Electoral Processes [Текст] / B. Mokhonchuk, P. Romaniuk // Baltic journal of european studies. - 2019. - Vol. 9, Issue: 3. - P. 43-62
   Перевод заглавия: На пути к правовой основе, которая защищает свободу выражения мнений в избирательных процессах

УДК

342.8

ББК Х805
РУБ DOI: 10.1515 / bjes-2019-0021

Аннотация: In democratic countries, attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Today, freedom of speech and freedom of expression are guaranteed at both the international and national levels. The international community has created a significant number of international agreements and acts of "soft law" on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first general condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process. On the other hand, it is caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of the freedom of speech and the freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.

Текст - 0 байт
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Pashkov, V. .
    Providing the rigth to health of involuntarily displaced persons [Текст] / V. Pashkov, M. Liubchenko, O. Liubchenko // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue:10. - P. 1989-1994
   Перевод заглавия: Предоставление права на здоровье вынужденно перемещенных лиц

УДК

342.7

ББК Х620.3 Х620.32

Аннотация: Introduction: The article deals with the issues of international law concerning defense of the right to health of involuntarily displaced persons. As a result of the study, it has been demonstrated that providing of the right to health is essential as a requirement for countries, which, in turn, stem from consensus on international cooperation and general support for migrants. The latter are undeniably protected in accordance with documents proclaiming human rights, but for the sake of a more detailed explanation of their rights and the substance of the states obligations towards such persons, the international community has created a solid foundation in the form of specialized refugee documents that further emphasize the need protection of the latter as persons who, as a result of their movement, are vulnerable. The aim: To elucidate the international mechanisms for the protection of the right to health of involuntarily displaced persons. Material and methods: The study used a set of general-philosophical and special-legal methods of scientific research, in particular, dialectical, historical, socio-political, formal-legal and comparative legal methods of scientific research. The historical method of scientific research has been used in the analysis of tendencies of the regulation of the refugee problem from the beginning of the 20th century. The comparative legal method is used in the analysis of the legal regulation of involuntarily displaced persons rights by international treaties and conventions, rules of national legislation of Ukraine and foreign legislation. Review: Authors analyze the issue of a migrants (social, medical etc.) rights under the principle of equality of refugees and citizens rights. Reviewing the mechanisms of guarding such rights under treaties it is obvious that these mechanisms have legislative and institutional features. Closer look is taken on the Council of Europes mechanism for protecting the rights of refugees with its own normative and institutional features. Conclusions: As a result of the study, it has been demonstrated that migrants rights, including right to health, stem from consensus on international cooperation and general support for migrants. The latter are undeniably protected in accordance with the documents proclaiming human rights. In order to provide a more detailed explanation of their rights and the nature of the states obligations towards such persons, the international community has created a solid foundation in the form of specialized refugee documents, which further emphasize the need to protect the latter as persons who, as a result of their displacement, are vulnerable.

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Bobkova, A.
    Safe natural environment as guarantee of exercising the right to health [Текст] / A. Bobkova, M. V.Trotska // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue: 8. - P. 1571-1575
   Перевод заглавия: Безопасная природная среда как гарантия реализации права на здоровье

УДК

342.7

ББК Х620

Аннотация: Introduction: The right to health is one of the most important human rights and its proper exercising allows for the exercise of other rights. One of the guarantees of this right is the safe natural environment, which, on the one hand, allows to maintain the health at the proper level without worsening it, and, on the other hand, to improve and prevent negative consequences concerning it. The proper state of the natural environment is reflected through the relevant qualitative characteristics of each of the natural resources that are included in it, and in aggregate, reflected in the corresponding natural interactions between them. The aim: The study is aimed at inquiring into the right to health and importance of the safe natural environment in order to provide it. Material and methods: Statutory regulation and scientific positions of scholars in the field of the above-mentioned issue are studied in this article. The study analyzes generalized information from scientific journals by means of scientific methods from a medical and legal point of view. This article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. Within the framework of the systematic approach, as well as analysis and synthesis, the concept of the right to health and its place in the provision of the safe natural environment is researched. Review: The right to health is regarded as a persons awareness of the existence of appropriate ways, means and conditions that enable them to take care of their physical and psychological state by carrying out appropriate actions or refraining from doing so, thereby preventing or eliminating negative consequences that may threaten or do threaten their proper state of health. Along with others, the safe natural environment is a prerequisite that allows their full enjoyment of the right to health. Conclusions: The right to health is regarded as a persons awareness of the existence of appropriate ways, means and conditions that enable them to take care of their physical and psychological state by carrying out appropriate actions or refraining from doing so, thereby preventing or eliminating negative consequences that may threaten or do threaten their proper state of health. Along with others, the safe natural environment is a prerequisite that allows their full enjoyment of the right to health. Keywords

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Demidova, L. M..
    Vaccination against infectious diseases: international standards of patient's rights. [Текст] / L. M. Demidova, E. E. Demidova, A. Y. Dudchenko // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue:12 cz 2. - P. 2518-2523
   Перевод заглавия: Вакцинация от инфекционных заболеваний: международные стандарты прав пациентов

УДК

347.161

342.746

ББК Р51
РУБ DOI: 10.36740/WLek201912220

Аннотация: Introduction: The spread of infectious diseases, the increasing number of people who refuse immunization, the study of international standards of patient’s rights during immunization in modern conditions are relevant in modern medical law. The aim: The aim of this research is clarification of patient’s rights international standards for vaccination against infectious diseases and ways of their further implementation in Ukraine. Materials and methods: The research is conducted using general and special scientific methods (philosophical-dogmatic, dialectical, logical-normative, system-functional and comparative-legal analysis, statistical and others). The analysis of documents and statistics of international institutions, in particular, the United Nations (UN), the Council of Europe (CE), the World Medical Association (WMA), legal acts of different countries, the judgments and decisions of the European Court of Human Rights (ECHR) and other courts on human (patient) rights and their compliance with immunization (86 court decisions), and questionnaires is conducted. The views of V. Pashkov [1−3], L. Udovyka [2], N. Gutorova [3] and other researchers are studied. Conclusions: International standards of patient’s rights for vaccination against infectious diseases and standards when compulsory of vaccination is not violation of international standards of patient’s rights are identified in the study. Suggestions are made regarding the future implementation of such standards in health care system of Ukraine.

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Kraіnуk, H.
    Отдельные правовые и медико-социальные аспекты реализации права на жизнь и эвтаназию [Текст] = Separate legal and medico-social aspects of the realization of the right to life and euthanasia in Ukraine / H. Kraіnуk, I. Semenikhin, O. Sydorenko // Georgian medical news. - 2020. - Iss. 3 (300). - P. 134-139

УДК

342.7

ББК Х623.211.84 + Х911.3

Аннотация: In order to better protect the human right to life, to improve the implementation of Art. 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the reduction of the number of judgments of the European Court of Human Rights against Ukraine, we propose avoid unjustifiably lengthy investigations into the causes of death of citizens and provide specialized resuscitation assistance to all who need it. Share Art. 52 of the Law of Ukraine "Fundamentals of the legislation of Ukraine on health care" the following wording: "Medical workers are allowed to euthanize - intentionally accelerating the death or death of a terminally ill patient in order to end his or her suffering, subject to his consent and the conclusion of the commission, which is not less than of three doctors on the incurability of a disease that causes significant physical pain (suffering) for the patient".

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Teremetskyi, V.
    Health care sector's financial, civil, criminal and administrative liability in EU member states and Ukraine: results of comparative research [Текст] = Финансовая, гражданская, уголовная и административная ответственность в сфере здравоохранения в странах-членах ЕС и Украине: результаты сравнительных исследований / V. Teremetskyi, E. Dmytrenko, O. Pletnov, S. Grynenko, Ye. Kovalenko // Georgian medical news. - 2020. - Issue: 5 (302). - P. 160-167

УДК

342.746

ББК Х623.211.84 + Р
РУБ PubMed: 32672710

Аннотация: The aim is a comparative and legal study of liability in the health care sector in the EU countries and Ukraine. Materials of the research are the EU legislation, laws of the EU countries, Ukraine, statistical information. The authors of the study have used the systematization method, comparative and legal method, analysis and generalization of statistical data. Ensuring an adequate level of health care, providing affordable health care service and medical care to citizens is one of the main tasks of any country, including Ukraine. It is the reason why the state controls this sector through the institution of liability, which does not fully meet the standards of the present day existing in the EU Member States, and therefore needs to be improved. The authors of the article have summarized the experience of the EU countries and Ukraine in regard to liability in the health care sector and have determined some ways to improve Ukrainian legislation. The authors have established the necessity to borrow the experience of certain EU countries in regulating financial (France, Germany, Italy, Poland), civil (Italy), criminal (Germany), administrative liability (Latvia) in the health care sector

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