Law Journal of the National Academy of Internal Affairs

The article examines the issues of guarantees of realization of the right to health protection in Ukraine and the countries of the European Union, discloses the normative provision of the right to health protection in accordance with international and local acts, and told about legal concepts of realization of the right to health protection. The right to health is realized through a multitude of other, constitutionally enshrined human rights. This is due to the fact that health care is a system of measures aimed at ensuring the preservation and development of physiological and psychological functions, optimal capacity for work and social activity of man at the maximum biologically possible individual life expectancy. First of all, the effectiveness of any right is determined by the real results achieved in the application of the rules. To achieve the desired results, the state adopts various measures of a legal and organizational nature. Arguing that the provision and protection of human rights are no longer within the exclusive competence of the state, we must take into account the role of its internal competence, as it is in the state that creates conditions that do not allow a gap between the two systems of law (state and international). The consolidation of the right to health at the level of European human rights instruments is a very important guarantee of the world community’s recognition of this right and places the responsibility on the state, including on Ukraine, on it. Local acts and international human rights instruments are a very important basis for the protection of one of the fundamental human and citizens’ rights to health. The goal of healthcare reform in most countries and in Ukraine is to: increase the number of insured persons; decentralization of the state health system; increase in primary care; expansion of autonomy of hospitals; strengthening the private sector; improving the quality of medical services; the priority of prevention and medical education before the process of treatment as such.