Formation of Patient's Consent Doctrine in the Current Legislation of Ukraine

The purpose of the article is to study scientific and practical aspects of legal regulation of patient's informed voluntary consent in Ukrainian civil and special medical legislation. The subject matter of the research is the formation of the patient's consent doctrine in the current legis...

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Veröffentlicht in:Azărbaucan ăszac̦iliq vă farmakoterapiya jurnalı 2024-01, Vol.23 (2), p.11-16
Hauptverfasser: Teremetskyi, V I, Myronova, G S, Batryn, O A, Bodnar-Petrovska, O B, Astafiev, D S
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Sprache:eng
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Zusammenfassung:The purpose of the article is to study scientific and practical aspects of legal regulation of patient's informed voluntary consent in Ukrainian civil and special medical legislation. The subject matter of the research is the formation of the patient's consent doctrine in the current legislation of Ukraine. The authors have studied the importance of respect for patient's autonomy in modern medical ethics and law, which is embodied in the requirement to provide consent for any medical intervention. It has been proved that the rule of patient's informed voluntary consent is a modern legal standard and a legal prerequisite for any medical intervention. Its components have been characterized: patient's awareness about the state of health and offered treatment, the choice of treatment methods, the possibility for patients to refuse what they may consider as inappropriate or unnecessary treatment. The main principles of the Ukrainian doctrine of patient's informed voluntary consent in the form of the concept of human rights and dignity have been defined; the key regulatory legal acts that initiated the implementation of the doctrine of informed voluntary consent have been distinguished; the nature and reasons for making amendments to the legislation have been analyzed; an assessment of the quality of such amendments has been provided; areas for further development of Ukrainian doctrine and legislation in the light of recognized European standards regarding the protection of human rights and dignity in the field of medical care have been suggested.
ISSN:1994-1951
DOI:10.61336/appj/23-2-3