Lisnycha O. Civil-Legal Protection of Patients` Rights in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102181

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

27-04-2021

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is the first comprehensive study of civil law protection of patients' rights in the process of updating the civil legislation of Ukraine. The dissertation pays attention to the issues of normative and legal consolidation of patients' rights in international and national legislation, the classification of patients' rights, the mechanism for the implementation of patients' rights, explored general and special methods of protecting patients' rights, as well as forms of their protection. In the dissertation, a theoretical generalization and a new solution to the scientific task are carried out, which consists in a comprehensive study of the civil-legal protection of patients' rights in Ukraine. As a result of the study, theoretical and practical proposals for improving the current legislation of Ukraine were formulated. The aim of this study is to develop conceptual provisions and general theoretical foundations of an effective mechanism for protecting patients' rights in civil-law relations. Remedies and forms of protecting the rights of patients in general, as well as in certain branches of medicine (in the process of organ and tissue transplantation, in the sphere of psychiatry, in the sphere of counteracting tuberculosis disease and counteracting the spread of diseases caused by the human immunodeficiency virus (HIV), in the process of clinical drug trials). Special attention is paid to such a promising form of patient rights protection as mediation. A number of amendments to the current legislation of Ukraine are proposed, aimed at improving the process of protecting the rights of patients, as well as eliminating existing conflicts in the legal regulation of this sphere of legal relations. It is proved the necessity of normative and legal consolidation of the system of guarantees for the protection of the rights of patients who take part in the shortened procedure for clinical trials of vaccines, the factors of which are: the establishment of a mandatory minimum compensation for harm to health and life, which should be higher compared to normal circumstances; shortened and simplified procedure for appealing against illegal actions or inaction of persons who are customers or organizers of clinical trials; a simplified procedure for obtaining insurance payments in the event of an insured event related to the conduct of clinical trials.

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