scholarly journals LEGAL REGULATION OF PROFESSIONAL OBLIGATIONS OF PHYSICIANS IN UKRAINE

2019 ◽  
Vol 72 (9) ◽  
pp. 1839-1843
Author(s):  
Yuriy Baulin ◽  
Borys Rohozhyn ◽  
Inna Vyshnevska
Keyword(s):  
Health Care ◽  
Health Workers ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legislative Process ◽  
Records Management ◽  
Professional Obligations ◽  
National Courts ◽  
The Status ◽  
European Standards

Introduction: It was identified that one of the priorities of medical reform in Ukraine is the establishment of an effective system of legal regulation of professional physician’s obligations that meets European standards. However, the legal regulation of relations between actors in the field of health care lags behind the practice of their development. The aim to find out the status of legal regulation of the professional obligations of health workers, to identify the gaps in this regulation, to formulate proposals for improving the legal framework for the issue under investigation. Materials and methods: Legislation of Ukraine and certain European countries, international declarations and conventions, scientific works, 28 judgments of the European Court of Human Rights, 96 sentences of the practice of the national courts of Ukraine. Conclusions: During the study, the stages of determining the professional physician’s obligations were singled out, which would optimize the legislative process of regulation of obligations. One of the problems is the incorrect translation of protocols, which is assigned to a medical care institution. It was proposed to solve this problem by introducing a unified system of protocols and standards, the duty of translation and adaptation of which is entrusted to the central body of executive power in the field of health care. It is relevant to consolidate the duty of medical records management at the level of law, which will serve as a guarantee of ensuring the proper performance by the physician of a professional obligation to treat and diagnose a particular patient. In order to avoid cases of judgments, based on the results of the сommission’s assessment of the actions of a physician and to eliminate the number of cases of unjustified attraction of physicians to liability, it is necessary to consolidate a clear list of general professional physician’s obligations in a single regulatory act.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

scholarly journals Legal regulation of telemedicine in the health care system of the Russian Federation: state and prospects for improvement.

2019 ◽  
Vol 21 (3) ◽  
pp. 15-22
Author(s):  
N V Allamyarova ◽  
E G Sanakoeva
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Health Care System ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Documents ◽  
Current State ◽  
The Russian Federation ◽  
Care System

The legislation in the field of e-health, adopted in 2017, opens fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is made of the current state of telemedicine legal regulation in Russia. The law on telemedicine requires adjustment and refinement of existing regulations, procedures, standards of medical care with a detailed regulation of tools and situations of their application.

L’opera d’arte video tra diritto e mercato

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Alessandra Donati Alessandra Donati ◽  
Eliana Romanelli
Keyword(s):  
Technological Development ◽  
Video Art ◽  
Legal Framework ◽  
Legal Regulation ◽  
Moral Rights ◽  
Legal Analysis ◽  
Collective Work ◽  
Italian Law ◽  
The Status ◽  
Creative Contribution

Despite being a form of art that dates back in time, the work of video art still struggles today to find a shared legal framework. There is a risk to associate video art with other more traditional artistic forms and this risk has prevented video art from attributing its own autonomy, independence and expressive specificity. Artists’ videos are not listed among the works expressly protected by Italian Law no. 633/1941 (Law on protection of copyright and moral rights), with all the consequences in terms of determining the holders of the moral and patrimonial rights of the author and the division of these rights between the various persons who, in various ways, contribute to their realization (artist, director, screenwriter, interpreters, music authors, etc.), especially if the video works result from the indissoluble creative contribution and the collective work of a group of people. Finally, video art inevitably suffers the limits of digital art: it is easily reproducible, perishable, not limited and numbered in its editions, subject to obsolescence resulting from technological development; these factors causes the arising of various difficulties in terms of claiming the status of a work of art in the essence of its uniqueness, originality and authenticity. The relevance of issues related to legal regulation and the conservation of video art is also relevant for the possible recognition as a cultural asset that audiovisual media of a rare and valuable nature can obtain under the Italian Legislative Decree no. 42/2004 (Code of Cultural Heritage). Of extreme importance, therefore, is the legal analysis aimed at qualifying such a medium, through which to frame its expressive nature and understand how to manage the circulation of such works of art, how to ensure their protection and preservation and ensure their authenticity and paternity.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

scholarly journals Legal issues of death donorship in Ukraine

2020 ◽  
pp. 11-13
Author(s):  
Tetiana YAMNENKO ◽  
Anastasiia MELNYK
Keyword(s):  
Organ Transplantation ◽  
Public Funding ◽  
Organ Transplant ◽  
Deceased Donor ◽  
Legal Framework ◽  
Legal Regulation ◽  
Community Research ◽  
Analysis And Synthesis ◽  
European Standards ◽  
The Moment

The purpose of the paper is to investigate the topic of posthumous donation and to consider the legal models for the legal regulation of the removal of organs from deceased persons - the "presumption of consent" and the "presumption of disagreement" that have developed in the world community. Research methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. Results: the practice of applying each of the legal models of organ transplantation from a deceased donor has been clarified. Discussion: current state of national legal regulation of organ transplantation from a deceased donor. The issue of transplantation has long required the development of a current legal framework in Ukraine that meets European standards, in particular. At the moment, the adoption of "On the Use of Transplantation of Anatomical Materials to Man" dated 17.05.2018 indicates the stabilization of state policy in this field, however, some aspects of the implementation of the law necessitate additional interpretation or adoption of normative legal acts. In Europe, the legal basis for the development of such a phenomenon as donation is much better developed than in our country, which is more positively reflected in the living and health standards of these countries. However, the organ transplant procedure in Ukraine is on the way to its widespread practical application. The following major problems of posthumous donation in Ukraine can be distinguished as: insufficiently clear legal definition of the conceptual categorical apparatus and the mechanism of applying the presumption of consent and disagreement; the absence, and therefore the need, of establishing a register of recipients; critical level of public funding for this field of medicine; insufficient coverage of the topic by the state and, as a consequence, the need for society in the field of organ donation. The above list of issues is not exhaustive and therefore requires a comprehensive legislative, scientific and medical approach.

scholarly journals GRAĐANSKOPRAVNO UREĐENJE DJELATNOSTI LOBIRANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 35-60
Author(s):  
Davorin Pichler
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Academic Community ◽  
Comparative Approach ◽  
Legislative Process ◽  
Grey Zone ◽  
Legal Systems ◽  
Informal Activity ◽  
The Republic ◽  
Basic Features

The Republic of Croatia does not have a legal framework for regulating lobbying activities. With the adoption of regulations governing lobbying, this informal activity is translated from the “grey zone” into an activity under the “watchful eye” of the competent authorities. Although there is a large amount of professional and scientific literature on the concept and activity of lobbying, it can be noticed that the academic community is much less concerned with the legal institute of lobbying contract, its classification, characteristics and content. The lobbying contract in the wider context of the Croatian science of civil law and legal practice, comprises the features of certain legal transactions, primarily a contract for services / or a mandate contract. The object of performing a lobbying contract is the execution of a lobbying activity, as a rule for a consideration, and in that sense, it represents a specific form of a contract for services. The mandate contract features found in the formation of the lobbying contract will also be emphasized. The paper aims at presenting the basic features of the lobbying contract and emphasizing certain outstanding issues that may arise in any legal regulation of this legal act in the Republic of Croatia. The comparative approach in the paper points to legal solutions applied by legal systems with a long lobbying tradition as a legitimate part of the legislative process. It also points out the plausible solutions that have emerged from the legal systems of predominantly former communist and transition countries, and which are all the more adequate to possible Croatian lobbying contract regulation.

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals KAJIAN YURIDIS PENGGUNAAN REKAM MEDIS UNTUK VERIFIKASI PEMBIAYAAN LAYANAN KESEHATAN

2018 ◽  
Vol 2 (1) ◽  
pp. 35-41
Author(s):  
Hary Iskandar ◽  
Sabir Alwy ◽  
Nurul Hudi
Keyword(s):  
Health Care ◽  
Quality Control ◽  
Medical Records ◽  
Qualitative Data ◽  
Health Workers ◽  
Health Care Financing ◽  
Medical Personnel ◽  
The Status ◽  
Hospital Payment ◽  
Care Costs

The use of patient medical records for hospital payment claims is in essence contrary to the medical records confidentiality rules. This study aims to review the judicial use of medical records in the verification of health care financing in the era of national health insurance. This research uses descriptive study method with normative juridical approach. Qualitative data comes from literature review such as primary, secondary and tertiary law. This study indicates that verifiers with the status of health workers have the legal authority to use patient information in medical records as they relate to the profession. Medical secrets can be opened in the context of quality control and health care costs. Quality control through medical audit, and cost control with health service utilization. This study recommends that verifiers be selected from medical personnel and therefore have the authority to open a medical record.

Sign in / Sign up

Export Citation Format

Share Document