LECTURE 2LECTURE 2

Theme: Theme: Basics of Basics of administrative law.administrative law.

PLANPLAN

1. Definitions of administrative law.1. Definitions of administrative law.2. Administrative law in common law 2. Administrative law in common law

countries.countries.3. Law basis in the Health Care 3. Law basis in the Health Care

System.System.

Administrative lawAdministrative law

Administrative lawAdministrative law (or (or regulatory regulatory lawlaw)) is the body of is the body of lawlaw that arises that arises from the activities of from the activities of administrative agenciesadministrative agencies of of governmentgovernment ..

Administrative law Administrative law

Administrative lawAdministrative law is the body of law that is the body of law that arises from the activities of administrative arises from the activities of administrative agencies of government. Government agency agencies of government. Government agency action can include action can include rulemaking, adjudication, rulemaking, adjudication, or the enforcement of a specific regulatory or the enforcement of a specific regulatory agendaagenda. Administrative law is a considered a . Administrative law is a considered a branch of public law.branch of public law.

The Law basis in the Health Care The Law basis in the Health Care System:System:

Person has the inalienable right to life.Person has the inalienable right to life. No one shall be arbitrarily deprived of life. No one shall be arbitrarily deprived of life.

The duty of the State is to protect human life.The duty of the State is to protect human life. Everyone has the right to protect his or her Everyone has the right to protect his or her

life and health, the lives and health of other life and health, the lives and health of other persons against unlawful encroachments.persons against unlawful encroachments.

Everyone has the right to respect of his or Everyone has the right to respect of his or her dignity.her dignity.

No one shall be subjected to torture, cruel, No one shall be subjected to torture, cruel, inhuman or degrading treatment or inhuman or degrading treatment or punishment that violates his or her dignity.punishment that violates his or her dignity.

No person shall be subjected to medical, No person shall be subjected to medical, scientific or other experiments without his scientific or other experiments without his or her free consent.or her free consent.

Everyone has the right to a standard of Everyone has the right to a standard of living sufficient for himself or herself and living sufficient for himself or herself and his or her family that includes adequate his or her family that includes adequate nutrition, clothing and housing.nutrition, clothing and housing.

Health Protection:Health Protection:

Everyone has the right to health protection, Everyone has the right to health protection, medical care and medical insurance.medical care and medical insurance.

Health protection is ensured through state Health protection is ensured through state funding of the relevant socio-economic, medical funding of the relevant socio-economic, medical and sanitary, health improvement and and sanitary, health improvement and prophylactic programmes.prophylactic programmes.

The State creates conditions for effective medical The State creates conditions for effective medical service accessible to all citizens. State and service accessible to all citizens. State and communal health protection institutions provide communal health protection institutions provide medical care free of charge; the existing network medical care free of charge; the existing network of such institutions shall not be reduced. The State of such institutions shall not be reduced. The State promotes the development of medical institutions promotes the development of medical institutions of all forms of ownership.of all forms of ownership.

The State provides for the development of physical The State provides for the development of physical culture and sports, and ensures sanitary-epidemic culture and sports, and ensures sanitary-epidemic welfarewelfare..

Human and Citizens' Rights, Human and Citizens' Rights, Freedoms and Duties:Freedoms and Duties:

All people are free and equal in their dignity All people are free and equal in their dignity and rights. and rights.

Constitutional rights and freedoms are Constitutional rights and freedoms are guaranteed and will not be abolished. guaranteed and will not be abolished.

Citizens have equal constitutional rights and Citizens have equal constitutional rights and freedoms and are equal before the law. freedoms and are equal before the law.

Equality of the rights of women and men is Equality of the rights of women and men is ensured:ensured:

* by providing women with opportunities equal * by providing women with opportunities equal to those of men, in public and political, and to those of men, in public and political, and cultural activity, in obtaining education and in cultural activity, in obtaining education and in professional training, in work and its professional training, in work and its remuneration; remuneration;

*by creating conditions that allow women to *by creating conditions that allow women to combine work and motherhood;combine work and motherhood;

* by legal protection, material and moral * by legal protection, material and moral support of motherhood and childhood.support of motherhood and childhood.

Country guarantees care and protection to Country guarantees care and protection to its citizens who are beyond its borders. its citizens who are beyond its borders.

Foreigners who are in Ukraine on legal Foreigners who are in Ukraine on legal grounds enjoy the same rights and grounds enjoy the same rights and freedoms and also bear the same duties as freedoms and also bear the same duties as citizens of Ukraine, with the exceptions citizens of Ukraine, with the exceptions established by the Constitution, laws or established by the Constitution, laws or international treaties of Ukraine. international treaties of Ukraine.

Everyone who is legally present on the territory of Everyone who is legally present on the territory of Ukraine is guaranteed freedom of movement, free Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of leave the territory of Ukraine, with the exception of restrictions established by law. restrictions established by law.

A citizen of Ukraine may not be deprived of the right A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time. to return to Ukraine at any time.

Everyone is guaranteed the right to freedom of Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his thought and speech, and to the free expression of his or her views and beliefs. or her views and beliefs.

Everyone has the right to collect, store, use Everyone has the right to collect, store, use and disseminate information by oral, written or and disseminate information by oral, written or other means of his or her choice.other means of his or her choice.

Everyone has the right to freedom of personal Everyone has the right to freedom of personal

philosophy and religion. philosophy and religion.

The Church and religious organisations in The Church and religious organisations in Ukraine are separated from the State, and the Ukraine are separated from the State, and the school — from the Church. school — from the Church.

Citizens of Ukraine have the right to freedom Citizens of Ukraine have the right to freedom of association in political parties and public of association in political parties and public organisations organisations

All associations of citizens are equal before All associations of citizens are equal before the law. the law.

Citizens have the right to participate in the Citizens have the right to participate in the administration of state affairs, in all Ukrainian administration of state affairs, in all Ukrainian and local referendums, to freely elect and to be and local referendums, to freely elect and to be elected to bodies of state power and bodies of elected to bodies of state power and bodies of local self-government. local self-government.

Citizens enjoy the equal right of access to the Citizens enjoy the equal right of access to the civil service and to service in bodies of local civil service and to service in bodies of local self-government. self-government.

Everyone has the right to labour, including the Everyone has the right to labour, including the possibility to earn one's living by labour that he or possibility to earn one's living by labour that he or she freely chooses or to which he or she freely agrees. she freely chooses or to which he or she freely agrees.

The State creates conditions for citizens to fully The State creates conditions for citizens to fully realise their right to labour, guarantees equal realise their right to labour, guarantees equal opportunities in the choice of profession.opportunities in the choice of profession.

Everyone has the right to proper, safe and healthy Everyone has the right to proper, safe and healthy

work conditions, and to remuneration no less than the work conditions, and to remuneration no less than the minimum wage as determined by law. minimum wage as determined by law.

Those who are employed have the right to Those who are employed have the right to strike for the protection of their economic strike for the protection of their economic and social interests. and social interests.

The procedure for exercising the right to The procedure for exercising the right to strike is established by law, taking into strike is established by law, taking into account the necessity to ensure national account the necessity to ensure national security, health protection, and rights and security, health protection, and rights and freedoms of other persons.freedoms of other persons.

No one shall be forced to participate No one shall be forced to participate or not to participate in a strike. or not to participate in a strike.

The prohibition of a strike is possible The prohibition of a strike is possible only on the basis of the law. only on the basis of the law.

Everyone who is employed has the right to Everyone who is employed has the right to rest. rest.

Everyone has the right to housing. The State Everyone has the right to housing. The State creates conditions that enable every citizen to creates conditions that enable every citizen to build, purchase as property, or to rent housing. build, purchase as property, or to rent housing.

ADMINISTRATIVE LAWADMINISTRATIVE LAW

ADMINISTRATIVE LAWADMINISTRATIVE LAW is the is the body of rules, regulations, orders and body of rules, regulations, orders and decisions created by administrative decisions created by administrative agencies of government.agencies of government.

Thank you for your Thank you for your attentionattention