Kostrov V. Constitutional right to health care: theory and practice

The research solves the scientific task of conducting a study of the constitutional right to health care in Ukraine and of the formulation of proposals for further improvement of its normative regulation. Based on the results of the research, conclusions and proposals were formulated, the most important of which include the following. 1. The right to health care in Ukraine is a system of subjective opportunities of individuals to apply preventive, curative and other measures aimed at achieving and maintaining full physical, spiritual and social well-being. 2. The object of the constitutional right to health care is health care. The definition of the concept of "health care" has been improved - it is a system of state and public, individual and collective measures of a preventive, curative and other nature, aimed at achieving and maintaining the full physical, spiritual and social well-being of a person. 3. Subjects of the right to health care in Ukraine are citizens of Ukraine, foreign citizens, and stateless persons who are on the territory of Ukraine and meet the requirements of Ukrainian legislation in terms of the opportunity to use health care measures, including medical help. 4. The content of the constitutional right to health care in Ukraine is a system of subjective human capabilities related to the preservation of health through preventive measures of a general and special nature, as well as measures to restore health by receiving medical assistance. 5. The right to health care in Ukraine is a human right (not the rights of citizens of Ukraine), belongs to the number of rights of the second generation, is a social right, as well as a constitutional, positive and basic (complex) right. Among the additional rights included in it, the right to medical help is the most significant in terms of its content. 6. The right to health care in Ukraine differs in its content from: a) the right to medical insurance – the content of the right to medical insurance includes diagnostic services, outpatient and inpatient treatment, medical rehabilitation; two items from the list go beyond the content of the constitutional right to medical care - these are preventive and educational measures, as well as the provision of ready-made medicines and medical products (this is included in the content of the right to health care); b) rights to medical assistance; the content of the right to health care is broader than the right to medical help. It is proposed to consider that medical help is a system of state and public, individual and collective measures of a diagnostic and therapeutic nature (measures for the provision of medical services) aimed at achieving and maintaining human health.