The specifics of the interpretation of non-performance or improper performance by medical or pharmaceutical employees of their professional duties, taking into account the practice of the ECHR.

OBJECTIVE: Aim: To find out the specifics of the interpretation of non-performance or improper performance by medical or pharmaceutical employees of their professional duties, taking into account the practice of the ECHR. PATIENTS AND METHODS: Materials and Methods: This article is based on the analysis of the international legal acts, the practice of the ECHR, national judicial practice, court statistics, criminal and medical law legal doctrine, official statistics of the Office of the Prosecutor General of Ukraine, analytical data based on the results of cooperation with the "Main Bureau of Forensic Medical Examination of the Ministry of Health of Ukraine". Dialectical, comparative, analytical, synthetic and system analysis research, hermeneutic methods were used. RESULTS: Results: In each specific case it is necessary to establish whether there is non-performance or improper performance of professional duties by medical or pharmaceutical employees, the result of which is the failure to fulfil his direct professional duties, provided for by regulatory and legal acts, job instructions, qualification requirements and standards of treatment. The patient's right to health care is not ensured by the guarantees provided for by national legislation, so patients file complaints with the ECHR. CONCLUSION: Conclusions: A single approach to the interpretation of such terms as "non-performance or improper performance by a medical or pharmaceutical employee his professional duties" is a guarantee of the uniformity of their enforcement and the formation of stable judicial practice in this category of criminal cases.

INTERNATIONAL- LEGAL REGULATION OF TRANSPLANTATION IN THE SYSTEM OF PREVENTION OF ILLEGAL TRADE IN ORGANS, TISSUES AND CELLS.

OBJECTIVE: The aim: To investigate the features of international - legal regulation of organ, tissue, and cell transplantation in the system of prevention of illegal trade and on the basis of analysis of international acts to formulate proposals for implementation of its norms to the modern national legislation of European countries. PATIENTS AND METHODS: Materials and methods: The study used international instruments in the field of human rights protection in organ, tissue, and cell transplantation using a set of philosophical approaches, general scientific and special legal research methods.

Enforcement of the right to medical care for patients staying abroad.

OBJECTIVE: Introduction: The right to health care is one of the fundamental human rights, at the same time the right to medical care is the main component of such right. The issue of medical care obtaining while staying in the territory of a foreign country is relevant for all categories of foreign nationals - those who during a temporary being outside their own country have a need to receive unplanned or planned medical care. The aim: To study the peculiarities of enforcement of the right to medical care for patients staying abroad and to formulate proposals on legislation improvements on the basis of the analysis of the international law and national legislation of the European Union countries. PATIENTS AND METHODS: Materials and methods: International acts and practice of the European Union legislation application in the field of patients' rights protection abroad were used in the study. The methodology of the study is based on a combination of philosophical approaches, general scientific and special legal research methods. CONCLUSION: Conclusions: On the basis of the international treaties, the practice of application of the European Union legislation analysis we can conclude that in the EU the right of an insured person (patient) while receiving unplanned medical care in another EU Member State is ensured by a number of regulatory requirements and confirmed by the European Medical Insurance Card.