Scientific Journal of the National Academy of Internal Affairs

Based on reference literature, current legislation and draft laws on health care the author has analyzed judgments about such social phenomena as human life, human health, health care, medical aid, health insurance, everyone’s right to health care, medical aid and health insurance. The article’s purpose is to formulate the problem of scientific expediency and methodological correctness of disclosing the content of the concept of the everyone’s right to health care, medical aid and health insurance as a comprehensive, but at the same time, unified and substantiation on this basis of the proposal on the necessity to change the legal regulation stipulated in Part 1 of Art. 49 of the Constitution of Ukraine. The achievement of a certain research goal was facilitated by the use of dialectical, logical-semantic, special-legal and other methods of scientific cognition. On the basis of the analysis of legislation and scientific works on the chosen subject of research, the inconsistency in the approach to the understanding of the researched concept of “everyone’s right to health care, medical aid and medical insurance” and related categories as well as terminological difficulty of this issue has been proved. The meaning of the interrelated terms such as human life, human health, human health care, medical aid has been clarified. The scientific novelty of the publication is that it has raised for the first time in domestic legal science the problematic issue of the scientific expediency and methodological correctness of disclosing the content of the concept of everyone’s right to health care, medical aid and health insurance formulated by the legislator as one of complex nature. The author has argued that, with the exception of health insurance, the concepts of health care and medical aid are in direct dialectical relation with each other, and health insurance is indirectly linked to the above categories and is an economic guarantee of everyone’s health and medical care opportunities. In view of this, the provision on health insurance as an economic guarantee, together with the provision of state funding for the relevant socio-economic, health and wellness and prevention programs should be contained in Part 2 of Art. 49 of the Constitution of Ukraine. She has proved that a person can maintain a normal psycho-physiological state with the maximum biologically possible individual life expectancy, as well as optimal working capacity and social activity, provided he/she enjoys such social benefits as health care and medical aid. On this basis, Part 1 of Art. 49 of the Constitution of Ukraine has been proposed to be defined in the following wording: “Everyone has the right to health care and medical aid”. Conclusions. The scientific inappropriateness and methodological incorrectness of disclosing the content of the concept of the right of everyone to health care, medical care and health insurance as a single ground have been substantiated.