A clearly defined procedure for the mandatory hospitalization of citizens who are diagnosed with coronavirus (COVID-19) or are suspected of carrying the virus will prevent possible abuse that may be caused by a restriction of patients’ rights, lawyers interviewed by Interfax-Ukraine have said.
“A clear fixed procedure for involuntary hospitalization, responsibility for violation of the rights of sick people will prevent the abuse that may occur during involuntary hospitalization,” Managing Partner of the Revealing Information Law Firm Oleksandr Keer said.
According to him, the procedure for hospitalization of patients by ambulance teams in medical institutions, approved by order of the Health Ministry No. 370 dated June 1, 2009, provides for the patient’s mandatory consent to hospitalization. At the same time, the law on ensuring sanitary and epidemic well-being of the population establishes that persons with especially dangerous infectious diseases, in case of refusal to be hospitalized, are subject to compulsory inpatient treatment, and carriers of the causative agents of such diseases and persons who have contact with such patients are obliged to be under medical supervision and quarantine in the prescribed manner.
Keyer emphasized that COVID-19 was included in the list of such diseases by order of the Health Ministry dated February 25, 2020.
Meanwhile, the law on the protection of the population from infectious diseases (adopted in 2000) provides that the central executive body, which ensures the formation of state policy in the field of health (Health Ministry), establishes the procedure for hospitalization, treatment and medical monitoring of patients with infectious diseases, contacts and bacterium carriers, as well as the conditions for their stay in relevant healthcare and scientific institutions.
“At present, there is no normative legal act that would determine the procedure for hospitalization, treatment, medical supervision of patients with infectious diseases, except for patients with tuberculosis,” the lawyer said.
Obligatory medical examination and hospitalization of patients with COVID-19 can be carried out on the basis of a corresponding statement of a representative of a medical institution by court decision. However, according to Keyer, the procedure for considering this category of cases will need to be provided for in Ukraine’s Civil Procedure Code to ensure rights, freedoms and interests of sick people.
The new version of the law on joint-stock companies, proposed by lawmakers representing different parliamentary factions (bill No. 2493) will reduce the number of appeals in courts, but at the same time claims will concern more serious reasons, according to lawyers interviewed by Interfax-Ukraine.
“With regard to judicial practice, final conclusions can be drawn after the signing of the finalized law. But it is predicted that there will be fewer claims than now, but they will be on more significant occasions,” said Managing Partner at the Revealing Information law firm Alexander Keer.
Keer also said toughening the requirements for transparency of the activities of the supervisory boards of a joint-stock company, which is proposed by the bill, will narrow the range of opportunities for “avoiding” the law, which, in turn, will positively influence the number of complaints about violations.
In addition, Keer believes that changing the approach to dividing joint-stock companies into public and private, as well as the refusal to fix their types in joint-stock companies’ names will not significantly affect the business sector.
At the same time, he noted that an “institution of advisers,” which is proposed by the bill, indeed, can simplify the life of enterprises, but this institution will work only in a certain period of time.
“Positive is the simplification of the process of merging, joining, dividing, splitting, reorganizing a company, since this is not only a step towards simplifying a business, but also a step towards reducing the corruption component,” Keer said.
