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Soroka Oksana Mykhaylivna


Med. pravo., 2017; 1(19): 67-72

UDС: 37.014.12+614.253.4+61


Head of Legal Department, assistant of the Department of Social Medicine, Public Health Organization and Medical Jurisprudence Ivano-Frankivsk National Medical University

The retrospective approach in teaching medical law at postgraduate level in medical universities

Article examines the application of retrospective approach in teaching medical law at postgraduate level in medical universities. Assessing the present state of things through the peculiar prism of the past, allows us to adequately perceive the government regulation of medical activity, highlight the peculiarities of its formation and development as well as conditions of application.

Studying the history of state formation, understanding and using of the historical experience of the theory and practice of state regulation of medical activities, taking into account the positive trends and preventing errors in the process of building a new model of government health care system in Ukraine is an objective necessity.

In circumstances of reforming all spheres of social life that is happening in Ukraine today, appears necessity to study and summarize national historical legislative experience. Great interest in this process is aimed at studying the history of state authorities’ work, which performed functions of social relations regulation in sphere of health care.

Today the new system of health protection that needs new approach of state regulation of health system is being formed in Ukraine.

Preparation of leaders of the system of health protection at postgraduate level is an integral part of public policy and state regulation of health system. Relevance of the research is increased by the need to study the history of state formation particularly in the objective and unprejudiced detection of facts from history of management of health system.

Modern processes connected with overcoming the confusions of transitional period, prospects of becoming the new system of health protection in Ukraine require realization and creative comprehension of historical experience.

History is the key which is useful to the analysis of public politics, with its help recognition of negative experience, avoidance of the worst errors and attempt of making of simple decisions is accomplished

Without the study of history of governmental control of medical practice and specificity of terms of its development in the past producing the modern theory of health protection and creation of its new Ukrainian model is impossible.

To the study of question of teaching of medical law in higher educational establishments of Ukraine, including medical, the scientific revisions devoted: R. Grevcova, О. Klumenko, І. Senyuta but others, that mark that educational discipline “medical law" has the proper methodological basis for it to capture all participants of educational process.

At the same time, regarding modern educational tendencies, multidimensional competition around a medical law, professional public does not stop on achieved and searches the new vectors of development, entering innovations, including in an educational component.

 Retrospective approach that is used in the educational process of preparation of leaders for the system of health protection at postgraduate level lies in the establishment of contents and stages of development of governmental control of the health sphere, causative connections of the use of mechanisms of government control of medical activity in the investigated region.

 A retrospective analysis gives an opportunity to recreate the picture of the past in a health care sphere even in absence of complete set of historical and legal sources that belong to one or another historical period.

 In basis of this method close connection is fixed between present time and the past.

 Application of retrospective approach assists the best understanding of administrative processes and decisions, helps to go deeply in the existing system of health protection with all its displays and presentations. The knowledge of the past helps to envision the future and not in vain the understanding of the past is administrative memory, helps better to understand modern. Otherwise speaking, the longer you look back, the further you see forward. Therefore every manager that wants to consider himself a specialist must own the certain set of historical knowledge, which must include the knowledge of the origin of the state, idea about the retrospective view of development of that sphere that he takes care professionally, in this case health protection.

On lessons after the listeners of courses of in-plant training after specialty organization of health protection" on the department of social medicine, organization of health care and medical law of the Ivano-Frankivsk national medical university on the example of Prykarpattia, using retrospective approach, genesis of government control of medical activity is studied in the first half of ХХ of century, that is base on four periods of chronologic sequence of this process

It is proven that state regulation of medical activity in western Ukraine in first half of ХХ century happened in complicated social political conditions, and frequent change of different social-political formations, transition under governing of different states, centuries wick of population from side of each of them have considerably influenced on character of social relations, therefore in the sphere of health care. In such conditions medical-sanitary sphere in this region of Ukraine was formed under influence and by samples of law of governing states. Prykarpattia was place of approbation of these state’s laws.

It is established that formation of legislation that regulated medical activity in western Ukraine in first half of ХХ century happened during four main periods:

The first (1900 – 1918) as part of Austria-Hungary empire;

The second period (1918-1919) as part of Western-Ukrainian People’s Republic ;

The third period (1919-1939) –as part of Rich Pospolyta;

The fourth period (1939-1950) has three main stages:               

1939-1941 – forming of soviet administrative-command system of governing;

1941-1944 – submission of activity of state authority’s bodies to laws of war time (German occupation);

1944-1950 – establishing of soviet command-administrative form of state governing.

The application of a positive historical experience of theory and practice of government control of medical activity on Prykarpattia in the first half of ХХ of century determine possibilities of forming of hospital districts, establishment of obligatory medical insurance, optimization of structure of medical institutions, decentralization of the system of health protection and creation of favorable environment for taking into account public opinion with the aim of realization of public policy in the field of a health care.

The application of the retrospective approach for the study of course a medical law is the necessary segment of complex postgraduate preparation of leaders systems of health protection, which will be competitive and adapted to the calls of practical medicine in the context of mutual relations with other subjects of medical legal relationships.

It especially follows to underline that studying of one or another state-administrative process; it is possible to build a model that imitates its further development.

 Student, basing on the modern reality known to him, and its peculiarities, conformities to law and tendencies, recognizes on a lesson one or another past reality that in the market relations has similar and different features with the modern system of health care.

 Thus, benefit from application of retrospective approach in teaching of medical law on postgraduate level in medical higher educational establishments, in our view, consists in the following:

1) any cognition of the phenomena of the past is interesting itself, enriches society and personality, develops erudition and intellect; 

 2) understanding of the past is historical memory, helps better to understand present, forecast the future and find the ways of decision of today's problems;

 3) worker who wants to consider himself a modern specialist must have a certain level of higher education, and thus and certain level of historical and legal knowledge. This knowledge must include facts about the state and law, imagination about the retrospective view of development of that sphere that he takes care professionally, in this case health care.

Other positive tendencies of the use of such approach among students will be impartiality and prudence in estimations, careful analysis of sources both in relation to separate regions and in relation to separate problems, and also strengthening of attention to the features of development of health care on all stages of historical development.

Active application on the lessons of retrospective approach helps better to understand sources, deeper to comprehend ways and conformities to law of development of health care in our country for the use of the best works in practice of present time.

Key words: medical law, a retrospective approach, postgraduate education of health professionals.

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