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Published on: November 26, 2015
[MEDICAL PRIVACY: MEDICAL, CRIMINALLY-REMEDIAL AND THE PHILOSOPHO-LEGAL ASPECTS OF ITS DISCLOSURE (REVIEW)]
T Korcheva1, E Nevelskaia-Hordeeva1, D Voitenko1
1Yaroslav Mudryi National Law University.
Abstract:
The purpose of the study is to determine the subject of "medical secrecy", to characterize the subjects who are obliged to keep secret information that is the subject of medical secrecy and, based on the results of this study, to make author's proposals to clarify the name for confidential medical information in legislation in the field of medicine in the field of medicine, criminal and criminal procedural legislation. The article explores issues related to the right of every person to the confidentiality of medical information, which is legally defined as "medical privacy". Based on the analysis of international legal acts, decisions of the European Court of Human Rights, the legislation of Ukraine and Georgia on the researched subject, using the foundations of the philosophy of law, carried out a comprehensive study of the concept of "medical confidentiality", defined entities following their professional and career responsibilities, must keep it. In the given article were used such scientific methods as logical, system-structural, comparative-legal, analysis, synthesis. Based on the research, the authors make several proposals for improving certain norms governing medical activities, namely, changes to the wording of Article 40 of the Law of Ukraine "Fundamentals of Ukrainian Legislation on Health Protection", Article 145 of the Criminal Code of Ukraine and Article 65 of the Criminal Procedure Code of Ukraine.
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