ISSN 2415-3060 (print), ISSN 2522-4972 (online)
  • 50 of 50
УЖМБС 2016, 1(2): 218–221

Problems of Protection of the Rights of Patients, and Possible Ways of Improvement of this Mechanism

Sharkan’ M.P.1, Chemirisov V. V.2

In this article is being considered the mechanism of protection patients' rights and is being conducted complex research national and foreign legislation in given area, with the goal of improving existing mechanisms of protection patients' rights. An analysis of existing mechanisms of protection patients' rights gives possibility to understand advantages and lacks of existing mechanism and its realization with an assistance envisaged by legislation ways of protection patients' rights. In this article is being advised possible ways of the decision an administrative appealing violated patients' rights outside of court, by the way of entering special body under the Ministry of Health Care, in which can be entered representatives of medical area, lawyers and representatives of public organizations for the equitable consideration cases of violation patients' rights outside of court. An objective of represented research mechanism of the defense patients' rights, analyzing which, we can highlight main pieces of protection: 1.Legal fixing patients' rights in Ukrainian legislation and its classification; 2.The ways of defense patients' rights: a) administrative; b) judicial; c) alternative.[8] The determination and legal fixing patients' rights gives possibility its realization with envisaged by legislation ways of protection violated patients' rights. There are such ways: appealing patients to the state bodies of health care system, to the court and appeal to the not public organizations with the goal to get the assistance in the protection and recovery violated rights. Administrative way of protection includes appeal against the public officials actions – with the lower bodies to highest. But if we will take in account practice, this way doesn't work enough, by the reason of confusing people and wrong appealing to the lower bodies, instead of highest public bodies. And also sometimes the administrative complaint is considering in the frame of one department by people who don't have enough legal skills to consider it and which should appreciate the professional skills of its colleagues, that is the reason unsatisfaction of the complaint. Therefore, in this case would be pertinent to create special body at Ministry health care in which could be enter the representatives medical area, lawyers and representatives of public organizations, for the more clear consideration cases of violation, outside of court. Rights and freedoms of citizens are protected by court, this rule is fastened in Constitution and Law of Ukraine Basses legislation of Ukraine about health protection, that envisages the court protection patients' rights and security of health. In case of the violation patient can appeal to the court, in administrative proceedings, but practice proves appealing to the court, in administrative proceedings have minor character, it is tied with shortage of legal knowledge. What concerns the criminal proceeding, cases bound with harm to the patients, that became the reason of the death of patients, that category of cases is considering with participation prosecutor. But we can say Ukrainian judicial system, doesn't has specialization of the judges on medical affairs. It will be useful in future to create specialization of judges on medical cases and also state Committee of lawyers, which would be explore and analyze Ukrainian and foreign practice in medical issues, for the improving our judicial system. Also not enough developed is remaining issue of satisfaction moral damages, by the reason of harm to the life and health to the patient, that in practice calls many controversies in the determination the amount of claim, due to absence special procedures of counting such amount. The creation of the Public Committee of specialized lawyers on medical cases, procedures of proving and recommendations that concerns determination an amount of satisfaction, could be promote to the decision above mentioned problem. Alternative way or in other words, way outside of court, on our opinion envisages the possibility of the person appeal to the public organizations for the help to protect violated right, it helps to engage society in the consideration cases, by that promotes more honest consideration of violated rights the patients'. Also based on the consideration other existing ways of protection, improvement ways are given.

Keywords: protection of patients' rights, Constitution of Ukraine, legal fixing patients' rights, administrative way of protection patients' rights, unsatisfaction of the complaint, rights and freedoms of citizens, Public Committee of specialized lawyers on medical

Full text: PDF (Ukr) 94.99K

  1. Zakon Ukraine Pro blagodiynu diyalnist ta blagodiyni organizatsiyi [digital resource]. Available from:
  2. Zakon Ukraine Pro gromadski ob’ednannya [digital resource]. Available from:
  3. Zakon Ukraine Pro zvernennya gromadyan [digital resource]. Available from:
  4. Zakon Ukraine pro informatsiyu [digital resource]. Available from:
  5. Zahist prav patsientiv u pravozahisnomu mehanizmu Ukraine. Medichne pravo Ukraine: problemi stanovlennya ta rozvitku. Materiali I Vseukr nauk-prakt konferentsiyi 19-20.04.2007; Lviv: 67-72.
  6. Konstitutsiya Ukraine [digital resource]. Available from:
  7. Osnovi zakonodavstva Ukraine pro ohoronu zdorov’ya: Zakon Ukraine vid 19 lystopada 1992 roku № 2801-XII. Vidomosti Verhovnoyi Radi Ukraine. 1993; 4: 19.
  8. Senyuta IYa. Administrativno-pravoviy zahist prav patsientiv v Ukraine. Administrativne pravo i protses: shlyahi vdoskonalennya zakonodavstva i praktiki: Zb mater nauk-prakt konf (Kyiv, 22.12.2006). Red kol: OM Dzhuzha, VM Dzyuba, SG Stetsenko, ta in. K: Kyivskiy nats un-t vnutr sprav; 2006. s. 225-9.
  9. Human Rights in Patient Care. Available from: