Fyl S, Kulyk O, Fedotova H, Lelet S, Vashchuk N
State Research Institute of the Ministry of Internal Affairs of Ukraine, Kyiv, Ukraine.
Georgian Med News. 2020 Sep(306):178-183.
The development of medicine, raising the standards of living and education of the population, along with the increasing level of democratization of society, contribute to the increase of demands on medical practitioners, and the fact that people have legal knowledge, including knowledge related to obtaining medical services, causes an increase in the number of cases of holding medical practitioners liable for their offences. Therefore, this research paper deals with the explanation of human rights, as well as the description of a person's right to health care in the context of the general rights stipulated by the Constitution. In addition, the degree of coverage of the chosen topic of research by domestic scholars and the necessity of its further consideration was determined. At the same time, an insight into the history is provided, where the first cases of holding doctors liable are stated and their punishment is determined. The next step in the study is to determine the nature of legal liability and adapt general definition to the needs of the medical industry. The paper also describes the components of the concepts of medical staff, and identifies two areas of their liability: legal and moral. Continuing the line of research, the types of legal liability are considered: criminal, civil law and administrative, as well as moral liability in the form of disciplinary liability. The peculiarities of holding criminally liable are outlined, the structure of crimes which are committed under this category, the number of criminal cases against medical practitioners initiated in 2019 are analysed, and the possible types of liability for their commission are indicated. In addition, the nature and extent of liability for civil and administrative crimes are revealed, as well as the nature of disciplinary liability and the possibility of holding medical practitioners liable. The prospects of reforming the medical sector in terms of the establishment of medical self-government bodies have been identified, which, among other things provided by the legislation, are planned to be assigned the function of resolving cases of offences in the medical sphere. Based on the results of the study, sound conclusions were drawn.
医学的发展、民众生活水平和教育水平的提高，以及社会民主化程度的不断提升，都促使对医疗从业者的要求日益提高。而且，人们具备法律知识，包括与获取医疗服务相关的知识，这使得追究医疗从业者违法行为责任的案件数量有所增加。因此，本研究论文阐述了人权问题，并在宪法规定的一般权利背景下描述了个人获得医疗保健的权利。此外，还确定了国内学者对所选研究主题的涵盖程度及其进一步研究的必要性。同时，对历史进行了深入探究，其中陈述了首批追究医生责任的案例并确定了处罚方式。该研究的下一步是确定法律责任的性质，并使一般定义适应医疗行业的需求。论文还描述了医务人员概念的构成要素，并确定了其责任的两个领域：法律责任和道德责任。沿着研究脉络，考虑了法律责任的类型：刑事责任、民法责任和行政责任，以及作为纪律责任形式的道德责任。概述了追究刑事责任的特点，分析了在此类别下所犯罪行的结构、2019年针对医疗从业者提起的刑事案件数量，并指出了其犯罪可能承担的责任类型。此外，还揭示了民事和行政犯罪责任的性质和范围，以及纪律责任的性质和追究医疗从业者责任的可能性。确定了在建立医疗自治机构方面医疗部门改革的前景，根据立法规定，这些机构计划被赋予解决医疗领域违法行为案件的职能。基于研究结果，得出了合理的结论。
