PROTECTION OF CONFIDENTIAL MEDICAL INFORMATION IN UKRAINE: PROBLEMS OF LEGAL REGULATION.

The aim of the article is to analyze the legal aspects and mechanisms of confidential medical information protection about an individual in the health care sphere in Ukraine. During the scientific research, various methods of cognition of legal phenomena were used. Among the general scientific approaches, the dialectical method was primarily used, which allowed to identify trends in the development of patient information rights and formulate proposals for improving legislation in the field of medical data protection. The formal-legal method was used to provide a comprehensive characterization of the EU (European Union) and Ukrainian legislation in the sphere of confidential medical information protection. Additionally, general scientific logical methods (analysis and synthesis, comparison and analogy, abstraction, and modeling) were used in order to study the problems of information relations in the medical field and establish legal liability for violation of the confidentiality of such information. The definitions of medical data, medical information, confidential medical data, and medical confidentiality have been researched and compared. The article identified the legitimate grounds for disclosing confidential medical information about an individual in the healthcare sector. Authors revealed the gaps in Ukrainian legislation regarding the confidential medical data protection by healthcare professionals and electronic medical systems regulators. The necessity of expanding the list of subjects responsible for preserving confidential medical information has been substantiated. The study explored the case law of the European Court of Human Rights in the field of the medical data confidentiality violation. It has been outlined the potential judicial remedies and liability for violating the right to personal medical information confidentiality of an individual in the healthcare sector. The legal grounds and cases of possible lawful disclosure of confidential medical information have been analyzed. Attention has been drawn to the insufficient regulation of access to medical confidentiality during martial law. It has been emphasized that the mechanism for protecting the violated right to confidentiality of medical information involves appealing to the Ukrainian Parliament Commissioner for Human Rights or to the court. The increasing role of international legal acts in ensuring the protection of medical data in the European Union and Ukraine has been highlighted.

LEGAL NATURE OF MEDICAL SERVICES: SPECIFICS OF UKRAINIAN DOCTRINE.

The purpose of the article is to analyze the specifics of the Ukrainian doctrine regarding the legal nature of medical services and areas for improving legal regulation. The research is based on the analysis and comparison of Ukrainian and EU law, content analysis of the terminology of legal sources, legal positions of the Constitutional Court of Ukraine, scientific researches, description and generalization of existing achievements and issues in the field of legal regulation of healthcare services. Research methods are monographic analysis, systematic and structural analysis, comparative and legal analysis, linguistic analysis, content analysis, method of generalization. The need to unify the special categorical apparatus of Ukrainian legislation has been substantiated. It has been proved that due to the improvement of domestic legislation through the implementation of the norms of European private law, the doctrine and practice of legal regulation will correspond to the nature of the regulated relations. The content, structure, and specific features of legal relations for the provision of medical services in the Ukrainian legal system have been determined. The authors have made a conclusion about the private legal nature of medical services in the domestic legal doctrine. Recommendations have been made for the legislation of Ukraine, which regulates civil relations for the provision of medical services, regarding the introduction of special norms related to the personal non-property rights of the relations' participants, contractual representation of a patient, legal terms for the provision of medical services without obtaining the consent.

CORRELATION BETWEEN THE RIGHT TO HEALTH CARE AND THE RIGHT TO HOUSING WITHIN MEDICAL AND LAW-ENFORCEMENT PRACTICE IN TERMS OF THE COVID-19 PANDEMIC.

The purpose of the article is to identify the correlation between the right to health care and the right to housing in medical and enforcement practices in terms of the COVID-19 pandemic. The materials of the research were the legislation of the EU, Georgia, Ukraine, as well as information from World Health Organization, the World Bank, the media, and statistical data related to the COVID-19 pandemic. Dialectical, axiological, statistical, comparative and legal methods were applied during the research. Having studied the experience of Georgia, Ukraine and the EU countries allowed us to conclude that individual self-isolation in the housing is a necessary preventive tool in the fight against the COVID-19 pandemic. The essence of self-isolation in terms of COVID-19 pandemic has been determined; its legal regimes have been singled out. It has been concluded that the self-isolation of a person in a dwelling (individual self-isolation) led to the emergence of a phenomenon in the form of a correlation between the right to health protection and the right to housing. In fact, there is a situation when the maintenance of public health has become possible, in particular, due to the self-isolation of a person in a dwelling.

[CONTROL AND SUPERVISION AS MEANS FOR PREVENTING AND DETECTING OFFENSES IN THE HEALTH CARE SECTOR IN UKRAINE].

The purpose of the article is to reveal the essence and specific features of control and supervisory activities as means for preventing and detecting offenses in the health care sector on the basis of existing theoretical concepts and approaches. The research materials were political and legal opinion journalism, works of national scholars, analytical materials, reference publications, Internet resources and Ukrainian legislation regulating control and supervisory activities in the health care sector. The methodological basis of the article was formed by a set of general scientific (dialectical, etc.) and special (system and structural, structural and logical analysis, synthesis, etc.) methods of scientific cognition. It has been concluded that the main ways of ensuring the rule of law in the health care sector are control and supervision, which are distinguished in a number of characteristics, in particular, the subjects and the results of implementing both types of activities. State control in the health care sector carried out by state authorities (Ministry of Health, State Medical Service, National Health Service of Ukraine), and public supervision carried out by the representatives of the public in the health care sector (supervisory boards at health care institutions, the Council of Public Control under the National Health Service of Ukraine, etc.) have been characterized. The objects of state control and objects of public supervision in the health care sector in Ukraine have been specified and analyzed.

[PATIENT'S RIGHT TO PRIVACY IN THE HEALTH CARE SECTOR].

The purpose of the article is to consider the issues of ensuring confidentiality in the field of healthcare and to propose ways to solve the problems of real practical ensuring of the rights of patients to privacy. It is indicated that the right to privacy is implemented in various spheres of public life, and confidentiality in the health sector is an actual problem. It is necessary to protect the patient not only within the range of the provision of medical care or the implementation of medical services, but also from a legal perspective.To ensure, guarantee and implement the patient's right to confidentiality in the healthcare sector, it is proposed: to increase the list of subjects to which confidentiality requirements should be extended by adding categories such as healers, pharmaceutical workers, employers, insurers, law enforcement officials, employees of the penitentiary bodies and the migration service, and employees of computer services who have access to sensitive information about patient. The factors that determine confidentiality in the healthcare sector are identified.

HEALTH CARE SECTOR'S FINANCIAL, CIVIL, CRIMINAL AND ADMINISTRATIVE LIABILITY IN EU MEMBER STATES AND UKRAINE: RESULTS OF COMPARATIVE RESEARCH.

The aim is a comparative and legal study of liability in the health care sector in the EU countries and Ukraine. Materials of the research are the EU legislation, laws of the EU countries, Ukraine, statistical information. The authors of the study have used the systematization method, comparative and legal method, analysis and generalization of statistical data. Ensuring an adequate level of health care, providing affordable health care service and medical care to citizens is one of the main tasks of any country, including Ukraine. It is the reason why the state controls this sector through the institution of liability, which does not fully meet the standards of the present day existing in the EU Member States, and therefore needs to be improved. The authors of the article have summarized the experience of the EU countries and Ukraine in regard to liability in the health care sector and have determined some ways to improve Ukrainian legislation. The authors have established the necessity to borrow the experience of certain EU countries in regulating financial (France, Germany, Italy, Poland), civil (Italy), criminal (Germany), administrative liability (Latvia) in the health care sector.

[PROBLEM OF ENSURING THE RIGHT TO MEDICAL CARE OF A DETAINEE (DETAINED IN CUSTODY) WITHIN CRIMINAL PROCEEDINGS: EXPERIENCE OF UKRAINE AND FOREIGN COUNTRIES].

The objective of the article is the scientific understanding of the problem of ensuring the right to medical care of a detainee or detained in custody within criminal proceedings, based on the experience of Ukraine and some foreign states, as well as the formation of conclusions and recommendations to resolve this problem. In the process of writing a scientific article, the authors have used general scientific, special and legal methods. Questionnaires - to interview respondents from among police officers of the National Police of Ukraine and lawyers. The analysis method made it possible to study the reasons that contribute to the existence of problems related to ensuring the right to medical care of a detainee or detained in custody within criminal proceedings of Ukraine. The methods of comparative law were used to identify shortcomings and controversial provisions of the criminal procedural legislation of Ukraine in comparison with the provisions of legal acts of some foreign states. The authors of the article have concluded about the need to supplement the Art. 42 of the Criminal Procedural Code of Ukraine with the norm stipulating the right of a detainee or detained in custody for appropriate medical care, including the free choice of a physician and an independent medical examination. The result of the legislative consolidation of the right to medical care of a detainee or detained in custody within criminal proceedings of Ukraine must be: 1) reduction of the number of facts of violation of human rights in the course of criminal proceedings, bringing the national Ukrainian criminal procedure legislation closer to the EU standards; 2) reduction of cases of abuse of the right to medical care during criminal proceedings by the person against whom it is carried out; 3) minimization of the possibility of satisfying claims filed with the ECHR against Ukraine regarding violations of the right to medical care.

[STRENGTHENING OF CONTRACTUAL PRINCIPLES WITHIN LEGAL RELATIONS BETWEEN A PATIENT AND A MEDICAL INSTITUTION WHILE REFORMING THE HEALTH CARE SYSTEM IN UKRAINE].

The objective of the article is to study the main theoretical and practical problems arising within the introduction of contractual regulation of legal relations between a patient and a medical institution, which is connected with the reform of the health care system in Ukraine. In the process of writing a scientific article, the authors have used general scientific, special and legal methods. For example, in July-September 2017, there was a study in Ukraine, when 1,200 people aged 18 and over were interviewed using a formalized interview method. The studies of 82% of surveyed Ukrainians confirmed that Ukrainian medicine does not properly function and needs to be reformed. The beginning of the medical reform in Ukraine was marked by the development of new bills and introduction of innovations into the current legislation, one of which is the conclusion of a declaration with a doctor for the primary medical care. Thus, the legislator tried to introduce organizational and legal ways to improve the functioning of medical workers, to raise the efficiency and development of the medical services market, and also to guarantee the protection of patients' rights. Taking into account the analysis of contractual regulation of legal relations between a doctor and a patient in other countries, the authors of the article have suggested to apply positive experience of reforming the health care system in England, which is the most optimal and effective for introduction in Ukraine. The analysis of the data, obtained results during the study of the initial stage of the medical reform shows that there are gaps in the legislation and about the need to reform the health care system in Ukraine.