НАЛЕЖНЕ ВОЛЕВИЯВЛЕННЯ В МЕДИЧНИХ ПРАВОВІДНОСИНАХ ЯК ОЦІНОЧНА КАТЕГОРІЯ

Abstract

Korobtsova N. V. Proper expression of will in medical legal relations as an evaluation category. - Article.

The article examines the concept of “proper expression of will” in medical relations. Emphasis is placed on the fact that the expression of will in the field of health care is crucial and allows, if necessary, to conclude a contract for the provision of medical services, and to receive timely appropriate care (service). At the same time, the free, conscious and voluntary expression of the person’s will is important, which is appropriate only in the presence of these components. The concept of “proper expression of will” in the work is considered as an evaluation category.

The article analyzes the cases when the will of a person in need of assistance is not taken into account both when concluding a contract for the provision of medical services and when receiving relevant services. Moreover, in some cases, the legislator neglects it, based on the following: because the real real will of the person to receive assistance can not be determined (the person is in an emergency), its presence is presumed, because it is about saving lives, health. The problem of determining the “belonging” of the will also arises in cases where the legislator allows to solve this issue not to the patients themselves, but to other persons (parents, guardians, other legal representatives of such a person). After analyzing the practice of consideration of ECtHR cases in relation to the research topic, it was concluded that such expression of will is not always in the interests of patients, and therefore can not be considered “appropriate”.

Thus, evaluation categories have both positive and negative features, which can be seen, including by exploring the concept of “proper expression of will”. As a result of the study, the following conclusion can be reached: the issues of “proper expression of will” in medicine need to be more specific and imperative in the legislation, especially when it comes to receiving it from other outsiders.