Ukrainian Healthcare Law in the Context of European and International Law

This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students.

Auteur

Prof. Dr. Roman Maydanyk is Ukrainian legal scholar, academician of the National Academy of Legal Sciences of Ukraine, doctor of Legal Sciences, head of the Department of Civil Law, Taras Shevchenko National University of Kyiv, since 2007. Research interests: medical law, property law, civil law, private international law, international arbitration. He has authored more than 300 publications in private law. André den Exter is an associate professor of health law at Erasmus School of Law, Erasmus University Rotterdam, the Netherlands. André holds a Ph.D. in law. He is the holder of a Jean Monnet Chair of European Union Health Law and has held several visiting (associate) professorships in international and European health law, including one at Danylo Medical University Lviv (Ukraine), and another at the National School of Public Health, Universidade Nova de Lisboa (Portugal). He has published more than 250 scientific contributions on health care access issues. Outside the academic setting, André holds various positions in boards of governors in the health care setting. Iryna Izarova is a professor at the Law School of the Taras Shevchenko National University of Kyiv. Her postdoctoral research was related to the harmonization of Ukrainian and European civil procedure, she took part in the Consultative Committee of the ELI and Unidroit Project 'From Transnational Principles to European Rules of Civil Procedure'. Iryna manages a few bilateral R&D projects and is a member of the European Law Institute, the European Association of Private International Law, the European Association of Science Editors, the International Association of Procedural Law.

Contenu

Introduction.- Part I General Provisions of a Healthcare.- Europe towards a unified model of healthcare.- An obsolete Health Act and the rise of a Patients' Rights Act in the Netherlands.- Realization of the right to health of the child in family law of Central and Eastern Europe .- Prevention of occupational morbidity as a component of public health.- Part II Human Autonomy. Circulation of the Deceased's Organs.- Human Autonomy in the field of medical care: national regulations, foreign experience and case law.- The doctrine of the patient's personal autonomy in absolute legal relations: gaps of Ukrainian law.- Civil circulation of the deceased's organs in the countries of Eastern Europe.- Part III Protection of Rights and Medical Dispute Resolution.- Protection of personal non-property rights of individuals, biological materials and personal data of whose are subject to research as a part of biobanks in Ukraine - using of experience of Germany.-Towards effective medical disputes resolution in Ukraine and Lithuania: comparing analyses, challenges and perspectives.- Part IV Reproductive Rights.- Posthumous reproduction: comparative review of legislation and court practice.- Legal and Regulatory aspects of assisted reproductive technologies in Ukraine and the EU Member-States.- Part V Intellectual Property in Medicine and Pharmacy.- Intellectual Property in Medicine and Pharmacy: Harmonization of Ukraine and EU Legislation.- Intellectual Property protection of the DNA sequence of a living organism in the era of artificial intelligence and other social challenges .- Part VI Healthcare Contracts.- Europe towards a Pan-European treatment contract .- The Legal Nature of Managed Entry Agreements (MEAs) in the Coronavirus Response System