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Research Article | Volume 23 Issue 2 (Apr - Jun, 2024) | Pages 11 - 16
Formation of Patient’s Consent Doctrine in the Current Legislation of Ukraine
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1
Doctor in Law, Professor, leading research scientist, Department of International Private Law, Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, 23-a Pavlo Zahrebelnyi st., Kyiv, 01042, Ukraine.
2
Doctor in Law, Professor, Head of the scientific laboratory, Department of International Private Law, Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, 23-a Pavlo Zahrebelnyi st., Kyiv, 01042, Ukraine.
3
PhD in Law, Judge of the Pecherskyi District Court of Kyiv, 15, Volodymyrska st., Kyiv, 01601, Ukraine
4
PhD in Law, law School, Mykolas Romeris University, 20 Ateities st., Vilnius, LT-08303, Lithuania.
5
PhD in Economics, doctoral student, State organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”, 60 Shevchenko blvd., Kyiv, 01032, Ukraine.
Under a Creative Commons license
Open Access
Received
Nov. 29, 2023
Accepted
March 20, 2024
Published
April 21, 2024
Abstract

The purpose of the article is to study scientific and practical aspects of legal regulation of patient’s informed voluntary consent in Ukrainian civil and special medical legislation. The subject matter of the research is the formation of the patient’s consent doctrine in the current legislation of Ukraine. The authors have studied the importance of respect for patient’s autonomy in modern medical ethics and law, which is embodied in the requirement to provide consent for any medical intervention. It has been proved that the rule of patient’s informed voluntary consent is a modern legal standard and a legal prerequisite for any medical intervention. Its components have been characterized: patient’s awareness about the state of health and offered treatment, the choice of treatment methods, the possibility for patients to refuse what they may consider as inappropriate or unnecessary treatment. The main principles of the Ukrainian doctrine of patient’s informed voluntary consent in the form of the concept of human rights and dignity have been defined; the key regulatory legal acts that initiated the implementation of the doctrine of informed voluntary consent have been distinguished; the nature and reasons for making amendments to the legislation have been analyzed; an assessment of the quality of such amendments has been provided; areas for further development of Ukrainian doctrine and legislation in the light of recognized European standards regarding the protection of human rights and dignity in the field of medical care have been suggested.

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