Administrative and legal regulation of protection of the rights of medical workers
Students Name: Shchur Khrystyna Volodymyrivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Shchur C.V., Skochylyas-Pavliv O.V. (supervisor). Administrative and legal regulation of protection of the rights of medical workers. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. The health care system is one of the most important branches of the social sphere, both our state and any other state in the world. Thanks to the work of medical workers, the constitutional right of every person to health care and medical care is realized. Every member of society requires the state to effectively organize the work of medical institutions, as well as to create a legal basis for proper working conditions of medical workers. Nowadays, the issue of protecting the rights of patients is quite relevant, but the relationship that arises between the health worker and the patient is a bilateral relationship, both parties have mutual rights and responsibilities, and the topic of protecting the rights of physicians can not be secondary. Study object – the social relations that arise in connection with the implementation of a medical worker in his professional activity. Goal of research – comprehensive analysis of administrative and legal regulation of protection of the rights of medical workers, identification of problems of theoretical and practical nature in the study of relations and finding ways to solve them. Briefly put research results – Despite the theoretical and practical significance of the content of the term "medical worker", the current legislation of Ukraine and, in particular, the basic law in this area - the Law of Ukraine "Fundamentals of Ukrainian legislation on health care" [1], does not define the meaning of this concept. In our opinion, a medical worker is a person who has received medical education in accordance with the requirements for medical activities, has undergone other training required by law, meets other, statutory requirements for the profession, which is confirmed by relevant documents, intends to engage medical activity, has concluded an employment contract with a medical institution or carries out medical activity as a natural person-entrepreneur. People who practice folk medicine (healing) are not medical professionals. In the scientific literature more than once attention was paid to the special legal status of the medical worker. Thus, VV Franchuk correctly wrote that one of the main indicators of assessing the overall development of the country is the level of technical equipment of the medical profession, material security and professional qualifications of doctors, etc. [5]. The component of effective development of the state is the support of the social sphere and the formation of an effective health care system in the country, the right to professional self-realization of physicians depends on the development of this sphere. The top three countries in terms of basic health indicators (average life expectancy, infant mortality and a number of others) now look like this: Japan, Germany and the United States "[4, p. 123]. If we characterize the state of the national health care system of Ukraine throughout the period of independence, it should be noted that the state did not have a clear and understandable strategy for reforming this system, as well as its development policy. Therefore, both state institutions, primarily the Ministry of Health of Ukraine, and civil society institutions are trying to develop and implement an effective reform plan that will build a modern model of the health care system [3]. The reform of the health care system should go in such a way that the main vector of the personnel policy of the medical institution is aimed at senior and middle medical staff, which are actually engaged in medical activities. The doctor should be able to practice where there is a need to provide his services and can be involved in the provision of services in any institution as needed. Despite the state financial guarantees provided by the Law "On State Financial Guarantees of Medical Care" [2], we are in conflict with the provisions of Article 49 of the Constitution of our state, which provides that in state and municipal health care facilities are provided free of charge. Although the state establishes guarantees of medical care in this Law, this law does not recognize the free nature of medical services in state and municipal health care facilities. Unfortunately, many rights of health workers are only declared by the state, but in practice health workers are deprived of the opportunity to exercise them, the state ignores these rights and does not perform all the proper duties that correspond to these rights. The reason for many of the problems we mentioned is the lack of funding and the lack of effective state mechanisms for exercising rights. Key words: medical worker, doctor, medical institution, medical reform, protection of rights, status of a doctor. References. 1. Fundamentals of the legislation of Ukraine on health care of November 19, 1992 (1993) № 2801-XII Bulletin of the Verkhovna Rada of Ukraine № 4 P. 19. 2. On state financial guarantees of medical care: the Law of Ukraine of October 19, 2017 (2018) № 2168-VIII Bulletin of the Verkhovna Rada of Ukraine № 5 P. 31. 3. National strategy for reforming the health care system in Ukraine for the period 2015-2020. URL: http://healthsag.org.ua/ strategiya /. 4. Gomon D.O., Dengisova AV Foreign experience in the organization of health care (2016) Scientific Bulletin of Kherson State University Tom. 1 P. 123-126. 5. Franchuk V.V. The place, role and importance of the medical profession in modern Ukrainian society. (2017) Bulletin of social hygiene and health care in Ukraine № 3 (73) P. 35-41