Judicial protection of the person’s right to health: practice analysis
Journal Title: Альманах міжнародного права - Year 2017, Vol 18, Issue
Abstract
The article is devoted to the study of judicial practice of protecting the right of a person to health. The author highlights some problems and disadvantages in the field of legal regulation of judicial protection of the right of a person to health care. To them the author considers the following main problems: 1) the delineation of administrative and civil jurisdiction over certain categories of cases; 2) uncertainty of the scope of the case on the protection of the right to health; 3) the absence of a generalized and uniform jurisprudence in this area, which impedes the application of a unified approach in investigating evidence and case materials. To resolve these problems, it is necessary: 1) to supplement Section XII of the Fundamentals of Ukrainian Health Law with the article that the judicial protection of the right to health care is carried out in short terms and make corresponding amendments to the procedural codes; 2) form a unified judicial practice in cases of this category, which clearly defines the criteria for the distinction between administrative and civil jurisdiction (depending on who advocates on the part of the defendant), to specify which evidence is admissible and sufficient, to determine the methodology calculation of the size of moral damage, etc.
Authors and Affiliations
Ю. Ю. Швець
Keywords
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