Conceptual provisions of law and morals in a pandemic condition

Veronika Horielova

Анотація


The article is devoted to the problem of morality and law in a pandemic, because the COVID-19 pandemic has put doctors around the world in front of a tough issue of priority.  In this regard, the question of the ethical choice of the doctor and what regulations he should be guided by is relevant.

 The purpose of the article is to comprehensively assess the rights of the patient and the doctor in a pandemic, justify and identify the moral guidelines of the doctor in a pandemic.  The patient's rights are analyzed in a broad sense: the legal relations in the field of health care are enshrined in the law, and in a narrow sense, as a subjective, real relationship between the doctor (medical institution) and the patient in need of care.  It is revealed that the actions of a doctor cannot be prescribed as a certain algorithm, and each action and decision of a doctor in a certain extreme situation is only his independent, moral choice.

 It has been studied that Ukraine takes responsibility for a sick person, giving him a number of additional rights, but there are certain restrictions in the law that can cause harm.  It is proposed at the legislative level to develop ethical guidelines for doctors who must act in a pandemic, which will reduce the morale in which the health worker and the patient find themselves.


Ключові слова


morality, doctors, medical ethics, law, pandemic, patient

Повний текст:

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Посилання


Ukraine 2020 Emergency response plan to overcome the coronavirus pandemic COVID-19. Retrieved from www.humanitarianresponse.info/files/documents/files/ ukraine_ 2020_emergency_response_plan_for_the_covid-19_pandemic_ua_2.pdf [in English].

Punda, O.O. (2003). The right to life. Bulletin of the Khmelnytsky Institute of Regional Management and Law, 2 (6), 58-64 [in English].

Constitution of Ukraine. Retrieved from https: //zakon.rada.gov.ua/laws/show/254к/96-вр [in English].

Ethical principles of medical research with the participation of man as a subject. Helsinki Declaration of the World Medical Association. Adopted at the 18th General Assembly of the Military Medical Academy, Helsinki, Finland, June 1964. Retrieved from http: //uacm.kharkov.ua/download/2014_11/22.pdf [in English].

A guide for members of Research Ethics Committees. Steering Committee on Bioethics. Council of Europe, October 2012. Retrieved from https://rm.coe.int/1680307ec3 [in English].

Theory of state and law. Academic course: textbook / [ed. OV Zaychuk, NM Oshchenko] (2006). Kyiv: Yurshkom Inter [in English].

Law of Ukraine "On protection of the population from infectious diseases". Retrieved from https://zakon.rada.gov.ua/laws/show/1645-14 [in English].