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  • Title: Obligation of the disclosure of medical confidential information in criminal proceedings.
    Author: Klepka DI, Krytska IO, Ydorenko ASS.
    Journal: Wiad Lek; 2019; 72(12 cz 2):2602-2608. PubMed ID: 32124793.
    Abstract:
    OBJECTIVE: Introduction: the right to medical confidentiality is one of the fundamental human rights, which is provided by several international legal acts. Analyzing of Ukrainian legislation gives grounds to assert that the issue of medical secret disclosure is not regulated sufficiently. It determines the necessity of conducting research on legal regulation of medical confidential information disclosure in criminal proceedings. The aim: of the research is determining the system of obligations of medical staff to disclose the medical confidentiality in the criminal proceedings. PATIENTS AND METHODS: Materials and methods: The empirical base of the research is Ukrainian, Polish, USA, Canada legislation, decisions of the European Court of Human Rights, data of the Unified State Register of Court Decisions. The methodological basis is a set of general and special scientific methods, in particular, logical methods of research, comparative legal method, statistical method, system-structural method. CONCLUSION: Conclusions: On the basis of the research, the authors created a system of obligations regarding disclosure of medical secrets in criminal procedure. The authors have offered to amend the current criminal procedural legislation of Ukraine in order to improve legal regulation of the studied problem.
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