Varych O. G.

The scientific-practical Law Journal  Almanac of Law Volume 11 (2020) 96-101p.


Varych O. G. State and public health: rethinking value orientations

Summary. The article explores some of the problems of state regulation in the field of health care through the accumulation and application of a wide range of components of the methodological basis of jurisprudence.

The basis of this scientific research is a system of principles of scientific knowledge, methodological approaches and methods of scientific research, which in an organic combination are able to ensure the comprehensiveness, objectivity and effectiveness of such research. The article uses a system of principles of scientific knowledge (objectivity, systematicity, professionalism, comprehensiveness, responsibility, publicity, etc.), which determine the ideas and provisions that form the basis of any scientific research, including the study of state law regulation of public health.  In addition to the principles of scientific knowledge, a functional scientific approach was used in the work, which allows to reveal the problems of state-legal regulation of health care as an important direction of the functional purpose of the state in the field of public health, to determine the priorities of priority and criteria of effectiveness of state-legal regulation  health, methods of its application and generalization of the obtained results, which will allow to conceptualize the idea of the value and priority of the state  the general regulation of health care in general and its manifestation in the field of public health in particular.

As a cognitive problem state regulation in the health care system was investigated using a system of appropriate methods, including: philosophical and philosophical methods that provide the study of these problems through the plane of the general understanding of the universe and its exceptional value (condition) of life security and  human health;  general scientific methods, which focus on the objectively conditioned nature of state regulation in the field of public health as a prerequisite for the effective implementation by the state of a function of public health, which is scientific and requires study at the level of various social sciences;  special scientific methods that provide research into public health regulation as a phenomenon of public law nature.

Within the framework of the conducted scientific research the normative basis of human rights protection in the field of health care was singled out.  It has been found out that human rights and citizens' rights in the field of health care in Ukraine are protected by a number of normative legal acts, ratified international instruments, in particular, such as: the Constitution of Ukraine, which recognizes a person, his life and health, honor and  dignity, integrity and security of the highest social value, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, the Convention for the Protection of Human Rights and Fundamental Freedoms, European Social Charter.

In the article proved that the health of the individual and the population as a whole are of the highest individual and social value, the most important factor of state formation and security of the state, is a basic component of human capital and competitiveness of the country and is closely integrated with the economy, science and defense. The issue of public health is becoming a top priority worldwide, because we are all aware that health is an invaluable asset to every person, an important and necessary condition for a fulfilling life.  At the same time, we must not focus solely on the health of the individual, but take into account the health of the individual nation and of society as a whole.

In the course of the scientific research the relationship between the current challenges in the field of human health and the need for the states to re-evaluate the policy changes in the direction of solving the problems of reforming the health care system as a value that is of strategic importance for the sustainable development of society and related to  urgent tasks of development of the modern state and pledges of favorable social-moral atmosphere and trust to the state.

It has been found out that in the process of state-legal regulation in the field of health care it is possible to distinguish the following components: the system of state authorities and local self-government involved in the process of state regulation of relations (institutional component of state-law regulation in the field of health care) and the system of normative legal acts, which constitutes the legal basis of the process of state-legal regulation in the field of health care (the normative component of state-legal regulation in the field of health care). It is proposed to highlight the priority points of state regulation in the field of health care, in particular, the state should clearly define the health of the population as a priority condition for ensuring national security;  An important step of the state in the field of health care is to choose the optimal model of the health care system that can take into account and realize the interests of all subjects;  Priority direction of the state legal regulation in the field of health care should be a systematic normative basis, which stipulates both the regulation of the existing legal framework in the field of health care and creation of preconditions for ensuring its harmonization with the European legislation;  public health regulation should focus on the priority of preserving the health of the population as an important prerequisite for the development and stability of human capital, and therefore the appropriate level of competitiveness of the state;  strategic orientation of the state legal regulation in the field of health care is ensuring the effective protection of the environment, which is manifested in the implementation of the state proper ecological function, the combination of effective state regulation of defining areas of environmental safety of the population with the activities of environmental organizations and structures capable of producing new  technology.

Keywords: public health, regulation, health care, environment.


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