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Published on: November 26, 2015
[CONSTITUTIONAL BASES OF ENSURING THE HUMAN RIGHT TO HEALTH: COMPARATIVE LEGAL ASPECT]
A Shevchenko1, S Kydin1, O Svitlychnyy2
11University of the State Fiscal Service of Ukraine, Irpin, Ukraine.
Abstract:
The objective of the article is to identify common and distinctive features of the constitutional provision of human right to health in Ukraine, the Czech Republic and the Republic of Poland on the basis of a comparative and legal study. The main task is to summarize the experience of the Czech Republic and the Republic of Poland, and taking it into account - to determine the directions of improving the constitutional legislation of Ukraine in this area. It has been established that the constitutional provision of human right to health in Ukraine is contained both in the Basic Law and in a number of constitutional and legal acts, and the conducted analysis of the relevant norms confirms the imperfection of the concepts and terms' definitions that should reflect the said right. The author has defined that the problems in the health care sector in Ukraine are: lack of a sustainable Concept of building a new national health care system, the slow pace of medical reform started only in 2017, and refusal from the Soviet centralized system of public health management. It has been found out that the Constitutions of Ukraine, the Republic of Poland and the Czech Republic have common features regarding the formulation of constitutional principles of ensuring human rights to health. At the same time, it has been found out that the experience of organizing the health care system in the Republic of Poland and the Czech Republic requires amendments to the constitutional and legal acts of Ukraine, which would aim at a clearer formulation of the definitions of the basic concepts and terms determining human right to health, the formation of decentralized health care system that would be in line with the basic principles of the EU policy in the health care sector.
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