QUARANTINE AND ANTI-EPIDEMICAL MEASURES AS A GUARANTEE OF ENSURING THE PERSON'S RIGHT TO HEALTH CARE IN UKRAINE

Abstract

The article is devoted to a review of the issues of guaranteeing the individual's right to health care in Ukraine. Quarantine and anti-epidemic measures are considered as guarantees of ensuring a person's right to health care. Attention is drawn to the fact that the anti-epidemiological campaign, which was launched at the beginning of 2020 to combat the spread of the COVID-19 pandemic, significantly changed the administrative and legal mechanism that guarantees the human right to health care. In this situation, there are restrictions on the realization of this and other rights and freedoms, as well as a large number of manipulations, violations of the rules and abuse of the situation. The need for legal guarantees is emphasized in ensuring the full realization of human and citizen rights and freedoms. These legal guarantees depend on socio-political, spiritual and other processes taking place in the country at various stages of its historical development. They recognize and enshrine the rights and freedoms of a person and a citizen in the Constitution of Ukraine and other normative acts of the state, and ensure their implementation through the activities of state bodies, socio-political organizations and persons holding positions. It is emphasized that there are no provisions in the domestic legislation on health care that would give the subjects of this legal relationship more opportunities for independence and the development of entrepreneurial activity. It is concluded that Ukrainian citizens do not actively defend their rights in court and rarely turn to law enforcement agencies to report violations of their rights in the field of health care. At the same time, parliamentary control carried out by the Commissioner for Human Rights proved to be the most effective. Therefore, in order to improve administrative and legal guarantees in the researched area, it is necessary to: strengthen economic guarantees; establish permanent control over the implementation of state programs that provide medicines, prostheses and other means; implement public control in this area; increase the transparency of information about the activities of the Ministry of Health of Ukraine, etc. Most European countries, where the right to health care can be restricted, have established clear criteria and requirements for laws that introduce such restrictions. If the circumstances are extraordinary or war, then the grounds for their introduction are regulated in the constitutions. Ukrainian constitutional legislation uses a traditional approach that is generally accepted for international and European law. According to it, the restriction of a person's constitutional right can be permissible only when such restriction leads to the elimination of a more serious threat than the impossibility of realizing the corresponding right.