MEDITATION IN MEDICINE: COMPARATIVE ANALYSIS OF UKRAINIAN AND FOREIGN LEGISLATION.

Author:Karmaza, Oleksandra O.
Position:Report - Abstract
 
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INTRODUCTION

During the enforcement of rights of patient rights in medical institutions, in particular at the provision of paid services always there is a risk that the patient will have not been satisfied with their quality. Medical disputes (conflicts) are connected with protection health and human life, and thus they are one of the most hard legal disputes practice. Their specificity is that they use in medicine a special medical terminology, which is sometimes not understood by the patient.

Formal consideration of a complaint by a medical institution with the following application to the guilty person of disciplinary punishment, might not to be able to satisfy the patient whose health, in his opinion, was caused harm, and he asks for the protection of rights in court. In addition, for the protection of their rights the patients also refer to the European Court of Human Rights.

For example, in the case of Panteleyenko against Ukraine (application No. 11901/02) the applicant complained, in particular, for disclosure of the confidential information regarding his mental condition and psychiatric treatment during the trial. For example, in the case of Panteleyenko against Ukraine (application No. 11901/02) the applicant complained, in particular, for disclosure of the confidential information regarding his mental condition and psychiatric treatment during the trial. The European Court of Human Rights has established that receiving of the confidential information from the psychiatric hospital about the applicants' mental condition and the appropriate treatment and disclosure it in open hearings of a case in court was an interference with the applicant's right to respect for his private life. The court conceded that there has been a violation of Article 8 (right to respect for personal and family life) of the Convention (Sprava, 2006). In the case of Konovalova against Russia (application No. 37873/04) the applicant complained about the unauthorized presence of medical students during birth of her child, arguing that she did not give written consent to observation and was almost unconscious when she was told about such arrangements The court held that there had been a violation of Article 8 (right to respect for personal and family life) of the Convention (Sprava, 2017).

It is well known that the judicial protection of the rights of the patient can continue a long time-months and years. Therefore, in order to resolve disputes (conflicts) in general and in medicine in particular, in Australia, Germany, USA, France, Switzerland, etc., the mediation process is legally fixed as an alternative non-judicial mechanism for settling disputes. With the mediation, the patient and the medical officer resolve the dispute and do not allow further escalation of the conflict. Mediation increases the patient's confidence in medicine and improves the image of a particular medical institution. In Ukraine, the process of mediation is not received a legal registration. The draft law which was adopted as a basis needs to be finalized because it has controversial provisions. The judges of the Supreme Court of Ukraine also have the same opinion. So, the process of mediation in medicine must begin with its legislative settlement (European Parliament and the Council, 1995).

Problems of legal regulation of mediation in Ukraine are the subject of the scientific researches of scientists (Gulyaeva, 2001). With the adoption of the draft law as a basis by the Parliament of Ukraine the number of researches has increased. In particular, Mazaraki has analysed the directions of the law regulation of the mediation procedure in Ukraine and she came to the conclusion that the draft law on mediation should become the subject matter of a civil discussion with the involvement of foreign subjects of discussion (Mazaraki, 2016). In addition, foreign researchers also investigate mediation problems. Smith and Smock (2008) have proven mediation as an art form, incorporating intuition, subtlety, and vision. Yet it is also a craft with transferable tools, defining tasks, and management challenges (Smith and Smock, 2008). Reuben Baron and David Kenny also provided the first specific compilation of analytical procedures appropriate for making the most efficient use of the moderator-mediator distinction both separately and in terms of a broader causal system that includes both moderators and mediators (Baron and Kenny 1986). At the same time Ukrainian legal science needs a further scientific research in this area.

METHODOLOGY

The goal of the article is to determine the problems of using mediation in the medicine, which did not find proper regulation in the draft law on mediation of Ukraine. The task of the research is to develop proposals for...

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