Legal liability for offenses in the health care sphere in Ukraine
The author of the article has studied the basics of legal liability for the commission of offenses in the sphere of health care in Ukraine. The author using the comparative and legal method has accomplished characteristics of legal principles of civil, administrative and criminal liability for he...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2018-12-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/209 |
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| _version_ | 1832573331714342912 |
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| author | S. V. Knysh |
| author_facet | S. V. Knysh |
| author_sort | S. V. Knysh |
| collection | DOAJ |
| description | The author of the article has studied the basics of legal liability for the commission of offenses in the sphere of health care in Ukraine.
The author using the comparative and legal method has accomplished characteristics of legal principles of civil, administrative and criminal liability for health-related offenses in Ukraine.
The author has indicated on the existence of three forms of civil legal relations, which may arise in case of a patient’s claimant appeal in regard to a health care institution, namely: 1) between a physician and a patient; 2) between the health care institution and a patient; 3) between a physician and the health care institution. It has been noted that the overwhelming majority of claims brought by patients to health care institutions are claims for the compensation for material and non-pecuniary damage caused by decline caused by inadequate quality of medical care.
It has been found out that administrative liability for health-related offenses in Ukraine occurs, if these violations in their nature are not entrusted of criminal liability in accordance with the law. Criminal liability is the most severe form of legal liability of medical employees and pharmacists for offenses committed by them in the course of their professional activities.
The author has offered to conditionally divide the crimes committed by medical employees in regard to the exercise of their professional activities, into: crimes against the life and health of a person (a patient); crimes against the rights of a person (a patient); crimes in the field of economic activity on medical practice; crimes in the sphere of drugs, psychotropic substances, their analogues or precursors trafficking; other crimes committed by medical professionals in regard to their professional activities.
The author has studied the statistics of bringing medical employees and pharmacists in Ukraine to legal liability during 2013-2017. The author has supported the opinion that cases, where medical employees and pharmacists are the subjects, are admitted the most complex according to the degree of difficulty, because they need to find out special issues of medical nature. Most cases of bringing medical employees and pharmacists to legal liability are unjustified or inadequate.
The author has defined studying the issue of modernizing public health management in the context of European integration as the perspective direction of further scientific research. |
| format | Article |
| id | doaj-art-0765c661e5b54292a690406c589cb40b |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2018-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-0765c661e5b54292a690406c589cb40b2025-02-02T04:31:33ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332018-12-01714434910.32631/pb.2018.4.05209Legal liability for offenses in the health care sphere in UkraineS. V. Knysh0Rivne Institute of the Kiev University of Law of the National Academy of Sciences of UkraineThe author of the article has studied the basics of legal liability for the commission of offenses in the sphere of health care in Ukraine. The author using the comparative and legal method has accomplished characteristics of legal principles of civil, administrative and criminal liability for health-related offenses in Ukraine. The author has indicated on the existence of three forms of civil legal relations, which may arise in case of a patient’s claimant appeal in regard to a health care institution, namely: 1) between a physician and a patient; 2) between the health care institution and a patient; 3) between a physician and the health care institution. It has been noted that the overwhelming majority of claims brought by patients to health care institutions are claims for the compensation for material and non-pecuniary damage caused by decline caused by inadequate quality of medical care. It has been found out that administrative liability for health-related offenses in Ukraine occurs, if these violations in their nature are not entrusted of criminal liability in accordance with the law. Criminal liability is the most severe form of legal liability of medical employees and pharmacists for offenses committed by them in the course of their professional activities. The author has offered to conditionally divide the crimes committed by medical employees in regard to the exercise of their professional activities, into: crimes against the life and health of a person (a patient); crimes against the rights of a person (a patient); crimes in the field of economic activity on medical practice; crimes in the sphere of drugs, psychotropic substances, their analogues or precursors trafficking; other crimes committed by medical professionals in regard to their professional activities. The author has studied the statistics of bringing medical employees and pharmacists in Ukraine to legal liability during 2013-2017. The author has supported the opinion that cases, where medical employees and pharmacists are the subjects, are admitted the most complex according to the degree of difficulty, because they need to find out special issues of medical nature. Most cases of bringing medical employees and pharmacists to legal liability are unjustified or inadequate. The author has defined studying the issue of modernizing public health management in the context of European integration as the perspective direction of further scientific research.http://pb.univd.edu.ua/index.php/PB/article/view/209liabilitylegal liability in the sphere of medical careoffenseshealth carea medical employeea pharmacist |
| spellingShingle | S. V. Knysh Legal liability for offenses in the health care sphere in Ukraine Law and Safety liability legal liability in the sphere of medical care offenses health care a medical employee a pharmacist |
| title | Legal liability for offenses in the health care sphere in Ukraine |
| title_full | Legal liability for offenses in the health care sphere in Ukraine |
| title_fullStr | Legal liability for offenses in the health care sphere in Ukraine |
| title_full_unstemmed | Legal liability for offenses in the health care sphere in Ukraine |
| title_short | Legal liability for offenses in the health care sphere in Ukraine |
| title_sort | legal liability for offenses in the health care sphere in ukraine |
| topic | liability legal liability in the sphere of medical care offenses health care a medical employee a pharmacist |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/209 |
| work_keys_str_mv | AT svknysh legalliabilityforoffensesinthehealthcaresphereinukraine |