Vision of Ukrainian medical law

The present development of Ukrainian health protection requires urgently creation of a powerful system of legal norms regarding relations between patients and medical workers as a legal person with its rights and obligations. One-sided interpretation of all norms against the medical profession causes mass refusal of medical workers of the domestic medicine.

Everything must be balanced:

• - rights of a patient and rights of a medical worker,

• - obligations of a patient and obligations of a physician,

• - executive (but not declarative) and penal function of the government,

• - ethics of an individual and honest jurisprudence,

• - mutual respect and confidence.

Thus, Ukrainian medical law should be constructed and legally recognized as an independent field in jurisprudence.

There must be difference in legal regulation between state and private medical institutions.

Concepts of “medical care” and “medical practice” must have precise definition taking into account economic, financial, insurance and tax law.

It is necessary to prepare a number of laws and by-laws for:

• - regulation of work of medical establishments depending on the system of management,

• - a status of private medical science,

• - legal defense of both medical staff and a patient,

• - legislative support to modern innovative technologies in the practical health protection.

Doctor of Medicine, jurist,
member of European Academy of Natural Sciences
Lushchyk U.B.