The axiological influence of the decisions of the Constitutional Court of Ukraine on the legislation on public administration in the sphere of health protection
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2017, Vol 29, Issue 1
Abstract
The article analyzes three decisions, which are important for further improvement, including systematization, national legislation on public administration in the field of health care. The decision of 20 January 2012 in the case of the constitutional petition of the Zhashkivsky District Council of the Cherkassy Region concerning the official interpretation of the provisions of the first, second, and the second part of Article 32, parts two, three of Article 34 of the Constitution of Ukraine, although it is chronologically different has a general character in relation to the problem under consideration , while the Decision of October 30, 1997 in the case of K.G.Ustimenko has a special character – it pays a certain attention to information related to the state of health of an individual. It was found that when making the last decision, the Constitutional Court of Ukraine considered a conflict between two constitutional values, one of which is the protection of personal rights and freedoms, and the other in an attempt to ensure state and public security by removing mentally ill persons from employment to public authorities. The Constitutional Court of Ukraine in this conflict favored such a constitutional value as the priority of human rights and freedoms to the interests of the state. It should be noted that the development of legislation on public administration in the healthcare sector has not yet been resolved. This is evidenced by the fact that already in 2016 the Constitutional Court of Ukraine returns to one of its aspects. Namely: in the case of judicial control of the hospitalization of incapacitated persons in a psychiatric institution, the court resolved a conflict of constitutional values, similar to that which was posed in the case of K.G. Ustimenko.
Authors and Affiliations
Г. М. Сарибаєва
Keywords
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