Zozulia D. Financial and legal regulation of health care expenditures.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100771

Applicant for

Specialization

  • 081 - Право. Право

17-02-2022

Specialized Academic Board

ДФ 26.001.329

Taras Shevchenko National University of Kyiv

Essay

According to Article 3 of the Constitution of Ukraine, human health, together with his/her life, honor, dignity, inviolability and safety is recognized in Ukraine as the highest social value, that is, has a certain material or spiritual value. The ambiguity in understanding the concept of “embodied health” has been clarified; since different countries even with similar political systems, which may not be recognized by other states, may create such conditions for the life of their citizens, which the latter consider as proper and adequate. Whereas the citizens of economically and socially well-developed countries will find these conditions as inadequate, as ones that limit their rights and freedoms. Consequently, the concept of “embodied health” should be carefully used and even more in legislation. It is important to understand that human health is not limited only to physical well-being, but implies the inseparable integrity of psycho-emotional balance, physical, spiritual and social health. It has been established that heath in the legal dimension or more specifically the object of the right to health, is the non-material value - “the individual's health”, since one's health is an object of the immaterial world. It is noteworthy that the norms of various branches of law (constitutional, administrative, financial, criminal, civil) somehow regulate issues related to the implementation and protection of the right to health. This once again emphasizes the constitutional provision that health is one of the highest social values in Ukraine. The paper notes that health should be a strategic direction of human life. It increases the vitality of the body, the body's natural resistance to stress and depression. In this case, it should be taken into account that the health status is determined by quantitative and qualitative medical parameters. Absence of such parameters, the unwillingness of a person not to know them does not mean in any way that a person is healthy. One should think about health and care for it. At the same time, it is a matter of a person's subjective attitude toward himself or herself. Moreover, a person should understand that not taking care of one's own health (if falling ill - not to seek medical advice) is possible, as far as it does not interfere with the interests of others.

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