Drozdova O. The civil protection of patients' rights in the context of European Court of Human Rights practice

Object of research: civil legal relations arising from the protection of patients' rights by the European Court of Human Rights. Objective: development and scientific substantiation of the conceptual model of the development of the institution of civil legal protection of patients' rights in Ukraine, taking into account the practice of the European Court of Human Rights. Methods: a set of philosophical-ideological and general-scientific methods (methods of empirical research, methods of theoretical knowledge, general-logical methods, method of legal modeling, etc.). Scientific novelty: for the first time, it has been proven that the protection of the rights of the patient in the European Court of Human Rights is a legal relationship, which includes the acceptance by the contracting parties to the Convention for the Protection of Human Rights and Fundamental Freedoms of the obligations to ensure each and every patient with the status of a patient and staying under their jurisdiction, the rights enshrined in this Convention by making binding decisions. It is argued that the assessment of the behavior of a medical professional from the point of view of unlawfulness should be made taking into account the characteristics of the performance or violation by the medical officer of the conditions of the legality of the medical risk. A substantiated medical risk is defined as the action (inactivity) of a medical worker, combined with the possible danger of causing harm to the life or health of the patient, carried out for therapeutic or other purposes, if the health worker at risk is taking adequate measures to prevent the said harm, This is informed by the patient's voluntary consent. Practical significance: the theoretical positions, suggestions and recommendations outlined in the dissertation can be the basis for further development of scientific thought in the field of civil legal protection of patients' rights and will facilitate the introduction of amendments to the current legislation of Ukraine. Scope: Materials of the research can be used for teaching students of higher educational institutions of the disciplines "Civil Law", "Medical Law", "Practice of the European Court of Human Rights" etc.