Porozova I. Self-defense of patient's civil rights and interests. – Qualifying scientific paper, manuscript copyright

The dissertation is devoted to defining the peculiarities of self-defense of civil rights and interests of the patient, as well as the elaboration of scientific and theoretical proposals for solving topical issues in the area of legal regulation of self-defense of civil rights and interests of the patient. The following characteristic features of self-defense of the patient's civil rights and interests have been singled out: 1) self-defense is a constituent element of the right to self-defense; 2) the right to self-defense results from a legal fact or a set of facts; 3) the grounds for the use of self-defense are violations and other illegal encroachments, existing threat of violation of civil rights and interests; 4) self-defense means countermeasures of a factual and legal nature; 5) the right to self-defense arises with the entitled person regardless of the nature of the actions (whether illegal or lawful) and the guilt of the person who committed violations and other illegal encroachments, created a threat of violation of civil rights and interests; 6) the object of self-defense is civil rights and legally protected interests (legal interests); 7) the subjects of self-defense are persons who are entitled to use countermeasures based on the law or agreement; 8) self-defense is used by the entitled persons to protect own civil right and legal interest, as well as the right and interest of another person; 9) methods (ways) of self-defense are lawful actions of the entitled person, as well as inaction, in separate cases; 10) the methods of self-defense must meet the following requirements: a) the nature (scope) of the violated right; b) the nature of the actions by which it is violated; c) the consequences caused by such violation; 11) applied countermeasures must not be prohibited by law and must not contradict the moral principles of society; 12) the methods of self-defense can be chosen by the person individually or established by an agreement or civil legal acts; 13) the use of self-defense methods can be appealed to a court or another competent body. The methods of self-defense are subdivided into the types according to the following characteristics: 1) depending on the type of legal relation: a) methods of self-defense in contractual legal relations; b) methods of self-defense in non-contractual legal relations; 2) depending on the object of defense: a) self-defense of the civil right and patient's interest related to the fulfillment of the obligation to provide medical services; b) self-defense of the civil right and patient's interest in medical care; c) self-defense of the civil right and patient's interest in bodily integrity; d) self-defense of the civil right and patient's interest in private life and privacy. The concept of self-defense of the civil rights and interests of the patient is defined as countermeasures of a factual and legal nature, taking the form of action or inaction and applied by a person entitled to do so by law or contract, in case of violation and other illegal encroachments, threat of violation in protection of their civil right and legitimate interest, as well as the right and interest of another person, related to the fulfillment of the obligation to provide medical services, medical care, pertaining to bodily integrity, private life and privacy.