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Laws form the essential rules set by governing authorities to shape and control societal behavior. In nursing, laws guide actions, safeguard patient rights, define nurses' scope of practice, and maintain professional standards. Understanding the legal framework governing nursing involves recognizing four primary sources of law: constitutional, statutory, administrative (regulatory), and common law.
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LEGAL NATURE OF MEDICAL SERVICES: SPECIFICS OF UKRAINIAN DOCTRINE.

V Teremetskyi¹, G Myronova¹, O Batryn²

¹1Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine.

Georgian Medical News

|March 19, 2024

Summary

This study clarifies the private legal nature of medical services in Ukraine. Recommendations are provided for aligning Ukrainian legislation with EU private law for improved healthcare regulation.

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Area of Science:

Law
Healthcare Law
European Private Law

Background:

The legal framework for medical services in Ukraine requires refinement.
Existing regulations present challenges in defining the precise legal nature of healthcare provision.
Harmonization with European Union (EU) legal standards is a key objective.

Purpose of the Study:

To analyze the legal nature of medical services within Ukrainian doctrine.
To identify areas for improvement in the legal regulation of healthcare services.
To compare Ukrainian law with EU legal norms.

Main Methods:

Monographic and systematic analysis
Comparative legal analysis
Content analysis of legal terminology and sources
Generalization of research findings

Main Results:

The private legal nature of medical services in Ukraine has been established.
The study identified the content, structure, and specific features of legal relations in medical service provision.
The need for unifying the legal terminology in Ukrainian legislation was substantiated.

Conclusions:

Medical services in Ukraine are fundamentally private legal in nature.
Implementing EU private law norms will enhance the alignment of Ukrainian legislation with the nature of regulated relations.
Recommendations include introducing special norms for personal non-property rights, patient representation, and service provision without explicit consent.