ДЕЯКІ АКТУАЛЬНІ ПИТАННЯ ПРАВОВОГО РЕГУЛЮВАННЯ ПАЛІАТИВНОЇ МЕДИЦИНИ

Authors

  • Анатолій Володимирович Мусієнко
  • Володимир Володимирович Мусієнко
  • Олександр Іванович Котюк

Keywords:

legal science, euthanasia, crime, medical care, palliative medicine, legal regulation

Abstract

The article on the basis of the analysis of normative-legal documents, publications of scientific periodicals considers actual aspects of theoretical researches of some actual questions of legal regulation of palliative medicine. Modern medicine has made significant progress in the prevention and treatment of diseases. But there are cases when even modern methods of treatment are not able to overcome the disease. This happens for various reasons, when the disease is diagnosed too late and the painful process has gone too far, or when medicine simply does not know how and there is no way to help the patient, but in any case such patients are doomed. However, they need further medical support because they cannot be left alone with their problems, they need pain relief, they need supportive treatment, the relatives of such patients need help and this is a very difficult task. Such tasks are designed to solve the latest branch of medicine - palliative medicine. A significant amount of this issue is in the legal plane because it raises a whole layer of previously unknown problems of legal and moral-ethical plan. One of such problems is the use of euthanasia, namely the legal and moral and ethical aspects of its practical application.

The World Health Organization defines palliative medicine as a set of medical, social, psychological and spiritual actions aimed at improving the quality of life of a person suffering from an incurable disease or whose life prognosis is pessimistic, as well as helping family members.

Ideally, palliative care should be provided from the moment of diagnosis and in combination with any medical therapy. Such care should be adapted as the patient's disease progresses to the final phase.

Some palliative care programs include legal services for a power of attorney or medical order in the field of health care and assistance in the execution of a will.

Exploring current issues of palliative medicine, the author would like to focus on the problem of euthanasia, namely its legal and moral and ethical aspects of its application.

And although society is divided on the issue of euthanasia, but in the event of a public demand for its legalization, the legislator will be obliged to create appropriate regulatory mechanisms.

It is extremely important to resolve such issues by having a dialogue between the state and society, conducting information work, explaining important aspects of euthanasia. Such work is practically not conducted in Ukraine, except for the discussion of the problem of euthanasia in the scientific community, while public discussion is practically not conducted.

Published

2020-11-15

Issue

Section

Journal Articles