Medical research: state and problems

Abstract

Keywords: medical research, ethical aspects of research, patient rights, as the objectof research, informed consent
 In the article, the author conducted a study of medical research with human participation, analyzed the legislation of Ukraine and international documents and found that there is no unified conceptof «medical research», but uses different terms, such as biomedical experiment, clinicaltrial, clinical trials, etc. The legal acts of Ukraine provide for a variety of terms, but dothey all mean the same concept. It would be appropriate to enshrine at the level of thelaw the concept of broad meaning «medical research», which would include such types as:«medical and biological experiments», «clinical trials» and so on. Referring to internationalinstruments on the search for the concept of «medical research» also revealed differencesin the conceptual understanding of the concept of «medical research». Instead, itwas found that all the legal acts analyzed in the article stipulate that medical examinationswith human participation, as the object of research, begin only after the person hasgiven voluntary informed consent to conduct research on him.The procedure for conducting medical examinations with the participation of a personas an object of study in all legal documents referred to in the article provides for themandatory voluntary consent of the person who is the object of research. Article 10, paragraph2, of the Convention for the Protection of Human Rights and Dignity of Biologyand Medicine: The Convention on Human Rights and Biomedicine guarantees everyonethe right to access any information collected about their health. However, the desire ofindividuals not to receive such information must also be respected. The rights of patientsduring medical research, as the object of research, including the study of their biologicalmaterial and data, regardless of the country in which they live and where medical researchtakes place, national laws must guarantee ethical standards at the highest levelof medical research and ensure strong legal basis for future medical research. The socialfunction of the state is the vocation to protect the researcher and the subjects.