( U=351.778 )

ББК Р + Х623.211.84
РУБ DOI: 10.36740/WLek201912221

Аннотация: OBJECTIVE: Introduction: Application of assisted reproductive technology facilitates the solution of any nation's reproductive health problems. The aim: is to identify the issues of legal regulation of assisted reproductive technology applying, to analyze legal practice in this area and to determine the ways of overcoming these problems. PATIENTS AND METHODS: Materials and methods: The authors have studied and analyzed international legal acts, national legislation, decisions of the European Court of Human Rights, sentences and rulings of the courts of Ukraine in the field of assisted reproductive technology's application with the use of philosophical, general and specialized scientific methods. CONCLUSION: Conclusions: The imperfection of legal regulation of relations in applying of assisted reproductive technology leads to the criminal prosecution of persons trying to take away children born with the use of such technology from their native countries. The authors have offered to provide general provisions for determining the origin of the child from the mother and father, without requiring the existence of the document about the child's genetic relationship with one of the parents in those countries, where surrogate maternity is permitted.

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Yukhno, O.
Реализация права на охрану здоровья по материалам практики Европейского Суда по правам человека [Текст] = Implementation of the right to protect health on the materials of the practice of the european court of human rights / O. Yukhno, V. Yemelianov, V. Pavlykivskyi, O. Kalashnyk, O. Sivash // Georgian medical news. - 2020. - Issue: 304-305 = No 7-8. - P. 189-194

УДК

342.7

ББК Х620 + Р

Аннотация: The aim of the article is a comprehensive analysis of the possibility of realizing the human right to health protection based on the practice of the European Court of Human Rights.; To achieve this goal, general scientific and special methods of cognition were used, chosen taking into account the purpose of the work. The epistemological method was used to study the general prerequisites, means and patterns of development of mechanisms for protecting the human right to health protection, including in the ECHR. The dialectical method - when searching for the right approaches to solving theoretical and legal problems that arise in the legal regulation of the human right to health protection. Using the method of legal analysis, the scope of medical human rights is determined. The statistical method was used to study the dynamics in the processes associated with the realization of the human right to health at the ECHR. The comparative legal method made it possible to compare the norms of the national legislation of Ukraine and other countries with the practice of the ECHR in the field of ensuring the human right to health protection. The structural method is used to study the types of medical human rights that are protected by the ECHR.; The article concludes that the right to health protection ensures the natural existence of an individual, is of great importance in the system of rights, and is an integral, natural achievement of mankind. It is emphasized that it is advisable for states to pay attention to the practice of the ECHR to ensure medical human rights in order to prevent violations of these rights and provide effective mechanisms for their implementation. The article notes that the ECHR does not recognize abortion and euthanasia as violations of the Convention. It is noted that the practice of the ECHR in dealing with cases of violation of the human right to health has become a guideline for health care reform in most countries of the European Union and has made it possible to achieve significant changes in the work of healthcare systems for the better. It has been determined that the main task of the ECHR and international organizations in resolving issues related to the protection of the human right to health care is the observance by the participating states of the Convention in this area.

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Shevchuk, O. .
Legal Support of the Patient's Right to Innovation in Health [Текст] / O. Shevchuk, O. Lysodyed, I. Borysenko, O. Bululukov, O. Babaieva // European journal of sustainable development. - 2020. - Vol. 9, Issue: 4. - P. 337-350
Перевод заглавия: Правовое обеспечение права пациента на инновации в области здравоохранения

УДК

614

ББК Р + Х623.211.84
РУБ DOI: 10.14207/ejsd.2020.v9n4p337

Аннотация: The article discusses certain aspects of legal regulation of patients' rights to innovations in healthcare sector. The subject of the study is the legislative acts on human rights in healthcare field, forms and types of human rights and directions for their implementation. Attention is focused on such types of patients' rights to innovations in healthcare field: (1) right to biomedical experiments; (2) right to reproductive technology; (3) right to donation; (4) right to transplant organs and anatomical materials; (5) right to therapeutic cloning; (6) right to change gender; (7) right to virtual reality. Essence of "innovation in medicine" is revealed, classification of human rights is given. The purpose of the article is to disclose the features of legal regulation of implementation of the patients rights to innovations in healthcare field. The methodology of this work is based on a set of research methods. The comparative method was used to elucidate the legal aspects of the patients rights to innovations in healthcare sector. Using the method of theoretical analysis, systemic and analytical methods, the term "patients' rights to innovations in healthcare field" was established, their varieties were characterized. Introduction of effective innovative models in health sector in context of patient rights will improve the availability and quality of provision of medical services to the population. It has been established that an important element in the implementation of innovative technologies in healthcare sector is the regulatory framework, which must comply with international standards.

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Polkhovska, I. K..
The right to medical assistance for drug addicts: examination of the problem [Текст] / I. K. Polkhovska, A. S. Sydorenko, O. D. Melnyk // Wiadomosci lekarskie. - 2020. - Vol. 73, Iss. 12 . cz. 2. - P. 2927-2933
Перевод заглавия: Право на медицинскую помощь наркоманов: обзор проблемы

УДК

343.976

РУБ PubMed ID33611305

Аннотация: OBJECTIVE: The aim: The purpose of this article is to conduct a thorough review and assessment of the exercise of the right to medical care for drug addicts, in particular in custody, through the analysis of international acts and strategies in the fight against drug addiction, as well as drug policies of individual States. PATIENTS AND METHODS: Materials and methods: The study is based on the analysis of international documents, the drug control strategies, the case law of the European Court of Human Rights and analytical researches in this area. The article is based on dialectical, system and structural, comparative and legal methods, the method of analysis and synthesis. CONCLUSION: Conclusions: Ensuring human rights without any discrimination should be a priority in the politics of modern States. The implementation of prevention and rehabilitation programs based on scientific evidence is also important. The current situation, in which persons who use drugs experience significant restrictions of their rights and freedoms, is unacceptable.

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Gutorova, N. .
Legal and social challenges of COVID-19 vaccination before and after the 2022 Russian invasion of Ukraine [Текст] / N. Gutorova, A. Lapkin, D. Yevtieieva // Wiadomosci Lekarskie. - 2022. - Vol. 75, Iss. 7 [у базі MedLine, Scopus зазначено 6]. - P. 1699-1704
Перевод заглавия: Правові та соціальні проблеми вакцинації від COVID-19 до та після вторгнення Росії в Україну у 2022 році

УДК

РУБ DOI: 10.36740/WLek202207117 + PMID: 35962684

Аннотация: OBJECTIVE: The aim: The study aims to develop ways of solving the social and legal problems of vaccination against COVID-19, showing them the example of Ukraine before and after the beginning of the active phase of Russian aggression. PATIENTS AND METHODS: Materials and methods: The study is based on international documents and legal acts adopted to combat the COVID-19 epidemic, the survey results of 165 ordinary Ukrainians on vaccination, interviewing health care organizers; statistical information, and content analysis of the media on vaccination, as well as ways of avoiding it. Dialectical, analytical-synthetic, system-structural methods, as well as methods of content analysis, questionnaires, interviews, and included observation, were used. RESULTSResults: Legal restrictions on the realization of persons rights who have not been vaccinated against COVID-19 are an acceptable remedy, as they aim to protect human rights to life and health. Restrictions on the realization of labor and other rights of unvaccinated persons introduced in Ukraine have caused the following related social-legal problems: a) negative attitude of some persons to human rights restrictions due to mandatory vaccination for workers, related fears of the population; c) stratification of the population according to the availability of vaccine of a particular manufacturer; d) background phenomenon in the form of imitation of vaccination with subsequent forgery of certificates. These restrictions have been lifted during the martial law, and anti-epidemic measures are recommendatory. Despite the availability of vaccinations throughout the non-occupied territory, the pace of vaccination has been significantly reduced.: CONCLUSION: Conclusions: Ways of overcoming the adverse socio-legal problems of vaccination and related background phenomena are to conduct quality information campaigns to inform the public about the benefits and safety of vaccination, counter misinformation, increase the availability of vaccines with a choice of vaccines from different manufacturers, and increase the effectiveness of criminal legal counteraction to forgery of documents confirming vaccination. After the imposition of martial law in Ukraine, there has been a change in the focus of public attention to solving vital problems, which, along with the transfer of anti-coronavirus restrictions to the status of recommendatory, creates danger of significant reduction in vaccination.

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Gruzieva, T. S..
Traceability and control as levers to prevent leakage from legal circulation when legalizing medical cannabis [Електронний ресурс] / T. S. Gruzieva, A. I. Кorchevnyy, M. V. Palii, K. O. Diachenko, V. V. Korolenko // Wiadomości Lekarskie. - 2024. - Vol. 77, іss. 4. - P. 635-639. - DOI: https://doi.org/10.36740/WLek202404103 . - ISSN 0043-5147. - ISSN 2719-342X
Перевод заглавия: Відстеження та контроль як важелі запобігання витоку з легального обігу при легалізації медичного канабісу

УДК

РУБ PubMID: 38865615

Аннотация: ABSTRACT Aim: To reveal traceability and control as levers to prevent leakage from legal circulation when legalizing medical cannabis. Materials and Methods: The methodological basis of this research work is based on a systematic approach. Methods of structural and logical analysis, bibliosemantic, abstraction and generalization were used in this article. Results: The analysis of the regulatory framework and regulatory initiatives in the field of circulation of narcotic drugs, in particular, cannabis (in total 56 documents) demonstrated repeated attempts to reform it in Ukraine in order to increase the availability and efficiency of medical and pharmaceutical services. Recently adopted law on the legalization of medical cannabis pays special attention to the traceability of the circulation of medical cannabis and cannabis-based medicines (CbMs) by digitalization and creation of the appropriate electronic information system. Conclusions: With the adoption of the law on the legalization of medical cannabis Ukraine became the 57th country in the world to legalize such cannabis. The study and analysis of the regulatory framework of Ukraine, taking into account the best world practices, showed that the legalization of medical cannabis will allow for providing more effective care to many patients including wounded defenders.

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