Ukrainian Healthcare Law in the Context of European and International Law (European Union and its Neighbours in a Globalized World, 7)

This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students. Preface Acknowledgements Contents Editors and Contributors Abbreviations Part I: General Provisions of a Healthcare Europe Towards a Unified Model of Healthcare 1 Introduction: Background and Objectives of the Study 2 Legal Analysis of the Pan-European Model of Healthcare 2.1 Concept, Principles, and Levels of Healthcare Models 2.2 Types of Healthcare Models 2.3 Primary and Derivative Characteristics of Healthcare Model 2.4 Effectiveness of the Healthcare Model: Towards a Unified Hybrid Healthcare Model in Europe 2.5 Peculiarities of Healthcare Models of European Countries in Transition 2.6 Common Frame of Reference and Legal Instruments of Unification of the Pan-European Healthcare Model 3 Concluding Remarks References An Obsolete Health Act and the Rise of a Patients ́ Rights Act in the Netherlands: Lessons to the Ukraine? 1 Introduction 2 The Dutch Health Act 2.1 Legal Context 2.2 The Health Act 1956 3 The Patients ́ Rights Act 4 Some Reflections on the Dutch Approach and Lessons to the Ukraine 5 Conclusions References Child Health Empowerment in Family Law of Central and Eastern Europe 1 Introduction: Background and Objectives of the Study 2 Features of the Legal Regulation of the Right to Health in International Acts 2.1 The Concept of the Right to Health as a Personal Right 2.2 The Right to Health of the Child 3 Legal Regulation of Family Upbringing in a Child ́s Right to Health Care Implementation 3.1 Bilateral Nature of Relations in the Field of Health Care with the Participation of Parents and Children 3.2 Immediate Removal of the Child from the Parents in Case of Imminent Threat to the Life or Health of the Child as a Guarant... 4 ECHR Legal Positions in the Field of Health Care Related to the Removal of a Child at Imminent Threat to his Life or Health 4.1 Apply Sanctions in the Event of an Imminent Threat to the Life or Health of a Child 4.2 Recourse to the ECHR as a Guarantee of Protection of a Child in the Event of an Imminent Threat to his Life or Health 4.3 Child Health as a Priority of Social State Policy 5 Concluding Remarks References Prevention of Occupational Morbidity as a Component of Public Health 1 Introduction 2 The State of Occupational Morbidity in Ukraine and Some European Countries 3 National Politics of Labour Protection Strategy as the Principle of Ensuring the Safety and Health of Employees 4 Preventive Measures of Occupational Morbidity in the System of Social Insurance 5 Conclusions References Untitled Part II: Human Autonomy. Circulation of the Deceased ́s Organs Human Autonomy in the Field of Medical Care: National Regulations, Foreign Experience and Case Law 1 Introduction 2 Medical Sorting (Triage) and the Independence in Decision-Making 3 Persons with Disabilities and Autonomy 4 Independence from the Possibilities of Public Budgets and the Human Right to `Legitimate Expectations ́ 5 Conclusions References The Doctrine of the Patient ́s Personal Autonomy in Absolute Legal Relations: Directions of Improvement of the Legislation of U... 1 Introduction: Background and Objectives of the Study 2 Interpretations of Personal Autonomy of the Patient in the European Legal Tradition 3 The Doctrine of Personal Autonomy of the Patient in Absolute Legal Relations 4 Personal Autonomy of the Patient in Absolute Legal Relations in the Law of Ukraine 5 Directions for Improving the Ukrainian Legal Model of Personal Autonomy of the Patient 6 Concluding Remarks References Civil Circulation of the Deceased ́s Organs in the Countries of Eastern Europe 1 Introduction 2 Terms Used in the Research 3 The Dead Body and Removed Organs as Objects of Civil Law, Their Legal Regime 4 The Natural Circulability of Removed Organs of the Deceased 5 The Civil Circulability 6 Methods of Civil Circulation of the Deceased ́s Removed Organs 7 Conclusions References Part III: Protection of Rights and Medical Dispute Resolution Protection of Personal Non-Property Rights of Individuals, Biological Materials and Personal Data of Whose Are Subject to Rese... 1 Introduction 2 Defining the Limits of Permissibility of Research, Including the Use of Research Biobanks: Comparison with the Recommendatio... 2.1 Types of Research Involving a Human Subject 2.2 Legal Status of a Probant 2.2.1 The Right of a Probant to Self-Determination 2.2.2 Informed Consent as a Component of the Probant ́s Right to Self-Determination 2.2.3 Other Information Rights of a Probant, Included in his Right to Self-Determination 2.2.4 The Right of a Probant to Consent Withdrawal 2.3 Legal Regulation of Future Use of Biological Material/Data, Initially Collected for Research Purposes in Connection with D... 2.3.1 Types of Personal Data of a Probant 2.3.2 Ways of Protection of Personal Data as a Tool to Ensure the Rights of a Probant in the Case of Future Use of his Biologi... 3 Conclusions References Towards Effective Medical Disputes Resolution in Ukraine and Lithuania: Comparing Analyses, Challenges and Perspectives 1 Introduction: Background and Objectives of the Study 2 The Notion of Medical Disputes 3 To Protect the Right to Health Care: Finding the Most Effective Way to Resolve Malpractice Disputes 4 COVID Challenges in Medical Dispute Resolution 5 Concluding Remarks References Untitled Untitled Part IV: Reproductive Rights Posthumous Reproduction: Comparative Review of Legislation and Court Practice 1 Introduction: Why Is a Proper Regulation of Posthumous Reproduction Needed? 2 Legal Regulation of Posthumous Reproduction in Foreign Countries 3 Analysis of Court Practice in the Cases Involving Posthumous Reproduction 3.1 The Court Cases on Retrieving Gametes After the Donor ́s Death 4 Analysis of Court Practice in the Cases on Using Gametes for Conceiving and Giving Birth to the Child Post-Mortem 4.1 Post-Mortem Reproduction and the Law of Inheritance 5 Conclusions References Legal and Regulatory Aspects of Assisted Reproductive Technologies in Ukraine and the EU Member-States 1 Introduction 2 Definition and Regulation of Assisted Reproductive Technologies 3 Legal Regulation of Assisted Reproductive Technologies in Particular Countries 3.1 Italy 3.2 Germany 3.3 France 3.4 Ukraine 3.5 Poland 3.6 Moldova 4 Conclusions References Part V: Intellectual Property in Medicine and Pharmacy Intellectual Property in Medicine and Pharmacy: Harmonization of Ukraine and EU Legislation 1 Introduction: Background and Objectives of the Study 2 Trends in the Liberalization of Intellectual Property Rights 3 Content of Eastern European Patent Legislation in Health Care and Patent Reform in Ukraine 4 `Bolar Exemption ́ as a Mechanism to Expand Access to Medicines 5 Compulsory Licenses, Government Use and IP Waivers in a Pandemic References Intellectual Property Protection of the DNA Sequence of a Living Organism in the Era of Artificial Intelligence and Other Soci... 1 Introduction 2 Patent Protection 3 Copyright Protection 4 Conclusions References Part VI: Healthcare Contracts Europe Towards a Pan-European Treatment Contract 1 Introduction: Background and Objectives of the Study 2 Legal Analysis of Pan-European Treatment Contract 2.1 Pan-European Treatment Contract as a Unified Standard of Law 2.2 National Legislation of European Countries and Model Rules of the DCFR on a Treatment Contract as Prerequisites for the Up... 2.3 The Framework of the Rules of Chapter 8 DCFR and of the European National Codified Acts on a Treatment Contract. Legal Nat... 2.4 Legislative Regulation and Structure of the Chapter of the Civil Codification Act on Provision of Medical Services Agreeme... 2.5 Scope of Medical Services. Legislative Definition of the Basic Model of the Contract for the Provision of Medical Services 2.6 Preliminary Examination 2.7 Contractor ́s Obligations with Respect to Instruments, Medicines, Materials, Devices and Premises 2.8 Model of a Pan-European Treatment Contract: Concept, Levels, Components 3 Concluding Remarks References The Legal Nature of Managed Entry Agreements (MEAs) in the Coronavirus Response System 1 Introduction 2 Legal Characteristics of the Admission of COVID-19 Vaccines-Candidates in Europe and the United States 2.1 Legal Bases for Access to COVID-19 Vaccines in the EU, the US and the UK 2.2 Legal Bases for Access to Vaccines in Other Countries 3 The Impact of International Governmental and Non-Governmental Organizations on COVID-19 Vaccination Policy 4 Conclusion References Untitled