In the process of any human right exercising there is always an issue related to the quality of received service or aid especially in the healthcare sector. Authors analyzed applicable legislation of Ukraine regulating the provision of medical aid and services with the use of the following methods – analysis, interpretation, hermeneutics, systemic-structural. During the research were analyzed applicable legislation which contains medical aid and service definitions and peculiarities of its regulation. According to the results of regulatory framework analysis, we can state that definitions “medical aid” and “medical service” are mutually reinforcing as medical aid comprises relevant procedures. Comparison of these phenomena also can be performed based on other criteria, namely: subjective composition (professional medical staff will always be the provider, in case of emergency cases – persons whose duty is to provide primary medical aid as part of their activity; medical services are provided by state and municipal facilities along with higher educational establishments and research centers, i.e. not only medical staff; payment (regarding the subject – free of charge or paid; services are paid per se except if covered by relevant budget category); financial guarantee.
The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.
The article deals with the theoretical and practical issues of public opinion formation and development in the process of progressive changes of Ukrainian society and state. The article underlines that the public opinion plays an important role in the law-making process. It is pointed out that the public opinion is an evaluative component of public consciousness, which is reflected in different forms of manifestation by means of sentiment, feelings, emotions, judgments concerning an object of knowledge and reflects a certain level of knowledge concerning certain phenomena, processes, facts, etc. The research characterizes the features of public opinion: public opinion is the evaluative side of social consciousness; directed to a certain object of cognition; it is reflected in certain forms of manifestation; characterized by information saturation; has certain spheres of influence; it is characterized by inherent spatial and temporal features; it has the ability to influence the consciousness and practical activities of various actors, to determine their social behavior; it has a certain structure, emotional, cognitive and strong-willed components, and preference is given to those that are dominant in nature and induce to the action. The author underlines that most scholars tend to separate the rational, emotional, and strong-willed manifestation of public opinion. The structural components of public opinion are defined and characterized, namely: subjects, object, content. It is noted that the object of public opinion is events, actions, facts, phenomena of public life, which are directed by the public opinion. The subjects of public opinion are members of society, a certain community, a group, etc., endowed with consciousness and will, able to show their attitude to the object of cognition. It is also pointed out that the content aspect of public opinion is those feelings, emotions, judgments, actions that facilitate of the realization of interests and needs of public opinion subjects. It states that in the public opinion`s mechanism of actions the interests and needs are important, which are constantly changing. The article emphasizes that the external and internal factors affect the substantive and essential nature of public opinion. The functional focus of the public opinion is defined and it provides the opportunity to determine and characterize such basic functions of public opinion as: expressive, control, directive, cognitive, informational, prognostic, etc.
Summary The people of Ukraine are right now fighting for their right to self-determination, for their European choice. The European integration is a part of the foreign policy and national identity of many European countries, among which is Ukraine. According to Academician Yu. S. Shemshuchenko, the norms of the Constitution of Ukraine are the political and legal basis for the implementation of the foreign policy, which based on its national interests and domestic policy, widely recognized principles and norms of international law. As stated by the political leadership of the Russian Federation (hereinafter referred to as the RF, Russia), the goals of its army’s invasion into Ukraine are demilitarization and „denazification“. This fact confirms the denial and active opposition by a nuclear state of the national identity of the Ukrainian people, as well as an option for own choice of the independent path. As the reality has demonstrated, the right of a people to self-determination is not always fully implemented as a result of their acquisition of their statehood and territory within internationally recognized borders. States that systematically violate human rights are the most prone to aggression. Thus, aggression against other countries turns into another round of the infringement of the rights of citizens of the aggressor state. The essence of the international legal personality of the state is the people. The identity of the legal personality of the state, regardless of its current (last official) name and various circumstances that have taken place during the entire period of its existence (occupations, annexations, etc.), follows from the continuity of the people located on the territory of its historical residence. As a consequence, the legal personality of the Baltic states after liberation from the Soviet occupation is based on the continuity of their peoples.
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