Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Meditation in Medicine: Comparative Analysis of Ukrainian and Foreign Legislation

Author(s): Oleksandra O Karmaza, Nataliia M Stefanyshyn, Daryna V Koucherets, Sergii O Koroied

Throughout a lifetime, a person negotiates with others people, comes into disputes with them (conflicts) that accompany him in certain periods of life and that need to be resolved. The range of conflicts is very wide: from domestic (conflicts in the family) to geopolitical conflicts between countries, etc. Today it is obvious to everyone that the number of disputes (conflicts) which arise in a medical institutions is high because of the sphere of health protection covers the human life and health. Part of these conflicts can be resolved pre-trial by providing explanations with the doctor's side or by involving the mediator. The non-judgmental resolving of the conflict by dint of the using the mediation procedure helps the parties to enter on a new level of relations and it is the driving force of the development of humanity. Together with that in Ukraine unlike the countries of Europe, America, Australia, etc., the institution of mediation has not received legislative consolidation. So the solution of the medical conflicts by involving mediators in Ukraine and control their activity at the level of the law requires a conceptual research. Adoption of November 3, 2016 by the Supreme The Council of Ukraine as the basis of the draft Law of Ukraine "On Mediation" (registry No.3665) (hereinafter-the draft law), is an important step in the formation and development of the Institute of Mediation in Ukraine, but its norms are not devoid of certain contradictions and disadvantages. The purpose of the article is to determination of the problems of using mediators in the medicine, which have not found proper regulation in the draft law about mediation of Ukraine. The method of comparative law analysis and others dialectical methods of cognition revealed imperfection of the control of the medical conflict through the application of the norms of the draft law on mediation and proposed new rules of this draft law. The research objective is creating proposals for improving mediation process in medicine as a conceptual framework for improving the quality of Ukrainian legislation. The foreign regulation legislation of the mediation process has been considered in generally. Analysis of it allowed us to conclude that lawmakers of foreign countries are more carefully approaching the control the mediation process in general and in medicine in particular. It is proved that the draft law Mediation needs to be finalized because its norms are general and do not take into account peculiarities of conflict resolve in various spheres of humans´ life in general and in medicine in particular. Changes to the draft law, which are generalized norms of foreign legislation in the field of mediation, have been proposed.