Khainatsky E. Administrative and Legal regulation of Epidemiological Control and Surveillance in Ukraine

The dissertation is focused on studying the content and specific features of administrative and legal regulation of Epidemiological Control and Surveillance in Ukraine. The main features of normative and legal regulation of epidemiological control and surveillance in Ukraine have been revealed. The structural elements of epidemiological control and epidemiological surveillance are defined: the object, subject and content, which include types, forms, methods, techniques and means of its implementation. It has been noted that the object of epidemiological control covers the internal and external activities of the subjects that ensure the epidemiological well-being of the population. It has been emphasized that the object of epidemiological surveillance is only information obtained from public sources or in terms of special inquiries and appeals about the external activities of the subjects that implement the state policy in the field of ensuring epidemiological well-being in the country. The system of subjects of epidemiological control includes: the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Health of Ukraine, the State Food and Consumer Service, the National Police of Ukraine and the courts. Epidemiological surveillance is carried out by individuals and legal entities, as well as their associations (public associations and / or organizations). The types of epidemiological control and surveillance in Ukraine have been outlined within the functional component in accordance with the formulated classification criteria. The author has formulated own definition of the terms of “epidemiological control” and “epidemiological surveillance”. Their characteristic has been carried out. The system of epidemiological control and surveillance in Ukraine has been analyzed and its main features have been singled out. The author has carried out the analysis of the forms and methods of activity of public administration agencies in regard to guaranteeing epidemiological control and surveillance. The author has suggested own understanding of the essence, types, forms and methods of activity in the researched sphere. Measures of epidemiological control and surveillance in Ukraine have been characterized. It has been established that epidemiological surveillance and control in the United States, the Netherlands, Switzerland, and South Korea is a part of the health care system that influences public health policy-making. The data obtained from the implementation of epidemiological surveillance of infectious diseases in foreign countries become the basis for planning and evaluation of programs for the prevention and fight against infectious and non-infectious diseases. Epidemiological surveillance and control in foreign countries is carried out on the basis of public-and private partnership. It has been proved that the system of prevention and counteraction to infectious diseases in Ukraine is at the stage of reforming and it is characterized by an imperfect regulatory base; uncertainty of the subjects that prevent and counteract to infectious diseases; methods and measures to prevent and combat infectious diseases are mostly coercive; there are numerous violations of human rights to health care, rights to liberty and personal integrity and freedom of movement. The expediency of creating the National Expert Technical Group on Immunoprophylaxis has been substantiated. The author has suggested a new wording of Part 4 of the Art. 27 of the Law of Ukraine “On protection of the population from infectious diseases”. The author has proved the expediency of strengthening administrative liability of officials of the State Service of Ukraine for Medicinal Products and Drug Control and the Ministry of Health of Ukraine by increasing the fine rate and imposing additional sanctions for improper performance of duties under Ukrainian law or omission of such officials.