276
www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.65.05.26
How to Cite:
Shulyk, M., Shulha, N., Oblovatska, N., Andrusiak, H., & Pobiianska, N. (2023). State policy and legal provision of socially
hazardous diseases in Ukraine: the case of HIV/AIDS analyzed from bioethical, medical, and legal perspectives. Amazonia
Investiga, 12(65), 276-286. https://doi.org/10.34069/AI/2023.65.05.26
State policy and legal provision of socially hazardous diseases in
Ukraine: the case of HIV/AIDS analyzed from bioethical, medical, and
legal perspectives
1
Державна політика та правове забезпечення соціально небезпечних захворювань в
Україні: аналіз випадків ВІЛ/СНІД з біоетичної, медичної та правової позицій
Received: April 16, 2023 Accepted: May 30, 2023
Written by:
Mykola Shulyk2
https://orcid.org/0009-0006-9198-9628
Web of Science ResearcherID: IWD-6269-2023
Nataliia Shulha3
https://orcid.org/0000-0003-3382-7533
Web of Science ResearcherID: IWD-6164-2024
Nataliia Oblovatska4
https://orcid.org/0000-0002-7405-279X
Web of Science ResearcherID: IWD-9675-2023
Hanna Andrusiak5
https://orcid.org/0000-0003-1681-7384
Web of Science ResearcherID: HTT-3060-2023
Nelli Pobiianska6
https://orcid.org/0000-0001-5872-9281
Web of Science ResearcherID: ADG-5996-2022
Abstract
This article analyzes the legal and policy aspects
related to HIV/AIDS in Ukraine from bioethical,
medical, and legal perspectives. The objective of
this study is to examine the adequacy of existing
policies and legal provisions to address socially
hazardous diseases such as HIV/AIDS in the
country. The methodology employed includes a
review of existing literature and legal documents
related to HIV/AIDS. The findings suggest that
although Ukraine has made significant progress
in tackling HIV/AIDS, there are still significant
gaps in the legal and policy framework regarding
the disease. These gaps include a lack of
comprehensive legislation and policies,
inadequate funding for the prevention and
treatment of HIV/AIDS, and stigma and
Анотація
Дана стаття аналізує правові та політичні
аспекти, пов'язані з ВІЛ/СНІДом в Україні з
біоетичної, медичної та правової перспектив.
Метою дослідження є оцінка належності
існуючих політик та правових норм для
боротьби з суспільно небезпечними хворобами,
такими як ВІЛ/СНІД, в країні. Методологія
включає огляд існуючої літератури та правових
документів, пов’язаних з ВІЛ/СНІДом.
Дослідження показує, що хоча Україна зробила
значні кроки у боротьбі з ВІЛ/СНІДом, все ще
існують значні прогалини в правовій та
політичній сферах щодо цієї хвороби. Ці
прогалини включають відсутність комплексної
законодавчої та політичної бази, недостатнє
фінансування для профілактики та лікування
1
State policy and legal provision of socially hazardous diseases in Ukraine.
2
PhD in Medicine, Department of General and Pediatric Surgery, Donetsk National Medical University, Kropyvnytskyi, Ukraine.
3
PhD in Pedagogy, Department of Languages and Humanitarian Disciplines 1, Donetsk National Medical University,
Kropyvnytskyi, Ukraine.
4
Senior Lecturer, Department of Public Law, Borys Grinchenko Kyiv University, Kyiv, Ukraine.
5
PhD in Law, Associate Professor, Department of Criminal Law and Procedure, Lesya Ukrainka Eastern European National
University, Lutsk, Ukraine.
6
PhD in Law, Senior Lecturer, Department of Private Law Disciplines, University of Modern Knowledge, Kyiv, Ukraine.
Shulyk, M., Shulha, N., Oblovatska, N., Andrusiak, H., Pobiianska, N. / Volume 12 - Issue 65: 276-286 / May, 2023
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discrimination against those living with the
disease. Overall, this study highlights the urgent
need for a more holistic approach to address
HIV/AIDS in Ukraine, including strengthening
the legal and policy framework, increasing
funding for prevention and treatment programs,
and addressing the societal stigma and
discrimination associated with the disease.
Keywords: state policy, legal provision,
treatment programs, HIV, AIDS.
ВІЛ/СНІДу, а також стигматизацію та
дискримінацію проти людей, що живуть з цією
хворобою. Загалом, це дослідження підкреслює
необхідність негайного впровадження більш
глибокого підходу до боротьби з ВІЛ/СНІДом
в Україні, в тому числі зміцнення правової та
політичної бази, збільшення фінансування для
програм профілактики та лікування, а також
боротьба зі стигматизацією та дискримінацією,
пов’язаними з цією хворобою.
Ключові слова: державна політика, правове
забезпечення, програми лікування, ВІЛ, СНІД.
Introduction
For many years, the HIV/AIDS pandemic has
affected millions of people worldwide, and the
number of individuals infected with the virus
continues to grow. The scale of this virus has
taken on a global character and poses a real threat
to the socio-economic development of most
countries around the world. According to experts
and research, HIV/AIDS is a significant
challenge for the international community
(Staupe-Delgado & Rubin, 2022).
The HIV epidemic has become one of the most
dangerous factors negatively impacting personal
and societal development, resulting in a decrease
in the average life span, an increase in demand
for medical services, and an exacerbation of
poverty and social inequality issues (Osamika &
Mayungbo, 2019). Fighting this disease has
become a top priority for countries' public health
sector. Achieving success in this mission requires
proper legal and regulatory support and a
consistent and transparent government policy.
The rapid spread of HIV infection and AIDS,
which is spreading in Ukraine, poses a threat to
both public health and the strategic development
of our country. The epidemic negatively affects
national security, economic growth, and social
development. The policy to counter the epidemic
should involve prevention, overcoming, and
reducing its consequences.
One of the directions in the social policy of any
civilized state is the health care of the population
(Hartanto, 2020). Preservation and strengthening
of health are components of state building, social
policy, the system of national security, and one
of the most important functions and internal tasks
of the state.
The purpose of this research is to review the
current state of state policy and provide
recommendations for improving state regulation
to combat socially dangerous diseases in
Ukraine, particularly HIV/AIDS, based on
domestic and international experience, with the
goal of improving the provision of medical and
social services to the population.
To achieve this aim, the following tasks were set:
To determine the essence and role of socially
dangerous diseases as a medical and social
problem in Ukraine, particularly acquired
immunodeficiency syndrome (HIV/AIDS);
To investigate international and domestic
legislative and regulatory experience in
combating HIV/AIDS and conduct a
comparative analysis;
To analyze the peculiarities of HIV/AIDS in
Ukraine as an epidemic process and its
monitoring;
To study the role of specialists and public
organizations in state regulation to combat
HIV/AIDS in Ukraine;
To justify the use of international experience
in improving state regulation to combat
HIV/AIDS in Ukraine on the principles of
decentralization.
Literature Review
The rational selection of policy tools to counter
the HIV/AIDS epidemic and the evaluation of
their results are vital given the complex
epidemiological situation. However, it should be
noted that in Ukraine, there are relatively few
scientific publications dedicated to the problems
of public administration and policy in the field of
HIV/AIDS. Among them, the works of Krysko
(2015), Khozhylo (2008), Yakobchuk (2012),
and others are noteworthy. Some aspects of the
formation and development of a modern system
to counter HIV/AIDS in Ukraine are addressed in
the works of Ariaiev et al., (2006), Balakirieva
(2017), Semigina & Tymoshenko (2016),
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Owczarzak et al., (2018), and others. Issues of
standardizing public services, the relationship
between social services and public and
administrative research are also explored by
Kyselyova et al., (2019), Hubar (2020), Bohdan
et al., (2019), Kyselov (2008), and others.
The peculiar feature of the current state of the
domestic healthcare system is a deep
management crisis, most notably evident in the
prevention of socially dangerous diseases such as
HIV/AIDS. Today, local self-government bodies
objectively play a leading role in shaping an
effective mechanism for preventing HIV
infection/AIDS, since the local level is the basis
upon which cooperation is formed and
subsequently effectively developed between
state and civil institutions responsible for
implementing preventive programs (Kuzin et al.,
2020). However, it should be noted that the issue
of distinguishing powers between executive
authorities at the central level and local self-
government bodies in the provision of program
tasks for HIV infection/AIDS prevention has yet
to be definitively regulated by legislative and
regulatory acts.
Despite the research conducted by scientists and
practitioners today (Pobiianska et al., 2021,
2022), the issue of state regulation of socially
dangerous diseases in Ukraine, in particular
HIV/AIDS, remains a special subject of
comprehensive scientific and practical analysis
(Yanishevska et al., 2021). This gives rise to the
objective need to substantiate theoretical
approaches to improving the mechanisms of
state-civil society interaction in the field of
HIV/AIDS prevention and monitoring, as well as
to determine their effectiveness. It also
necessitates the development of practical
recommendations for the application of state-
civil society cooperation in the field under study
(Bilovus et al., 2021).
Accrording to Barnett et al., (2000), socially
dangerous diseases in Ukraine have a significant
impact on the demographic and labor potential of
the nation, as well as on its economic, political
stability, and overall security. Given the
importance and complexity of this socio-medical
problem, influencing the prevalence of socially
dangerous diseases, organizing prevention
measures, and combating them is possible
through cooperation between local governments,
executive authorities, international and national
non-governmental organizations.
Waitzkin (1989) believes that improvement of
mechanisms for state regulation of socially
dangerous diseases plays a decisive role in
addressing this socio-medical problem, which
becomes particularly relevant against the
backdrop of demographic crisis, social
transformations in society, and marginalization
of certain segments of the population of the state.
The analysis of literary sources has shown that
international organizations such as the
International Labor Organization and the World
Health Organization attach significant attention
to information and awareness-raising work
among the population, especially among young
people, as a means of overcoming the HIV/AIDS
epidemic. It is necessary to develop and adopt
prevention strategies adapted to national
conditions, taking into account gender, cultural,
social, and economic aspects (Sodoma et al.,
2021).
Methodology
The subject of the research is state regulation to
combat HIV/AIDS in Ukraine.
The object of the research is social relations that
have developed in the field of combating
HIV/AIDS in Ukraine.
To achieve the defined goals and objectives in
the research process, a complex of general
scientific and special methods was used,
including abstract-logical analysis of scientific
sources and regulatory framework on the topic of
research, structural-functional and systemic
study of state-civil society cooperation in the
field of HIV/AIDS prevention and control in
Ukraine, as well as of its components,
coordination mechanism between them,
relationships among the cooperation actors, their
authorities, and peculiarities of the functions they
perform. Historical analysis was also conducted,
which examined the retrospective history and
evolution of the domestic state-civil society
cooperation system in the fight against
HIV/AIDS in Ukraine.
Synthesis and modelling were employed to
formulate recommendations for improving the
mechanisms of state management in cooperation
with civil society to combat HIV/AIDS in
Ukraine. Additionally, prognostic and
abstracting analyses were utilized to generate
scientific novelty, conclusions, and practical
recommendations for improving the mechanisms
of state management in cooperation with civil
society in combating HIV/AIDS in Ukraine. The
analytical review in the work consists of the
analysis of international and Ukrainian
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legislation, scientific publications related to the
themes of the review tasks.
Results and Discussion
State policy in the field of combating HIV/AIDS
and other socially dangerous infectious diseases
is a complex of measures that encompasses
political, legislative, managerial, economic,
social, medical, sanitary, communicative,
educational, and other aspects. This policy is
aimed at protecting the population from
infectious diseases, ensuring effective control of
the epidemiological situation, and reducing
incidence, prevalence, and mortality rates. It also
seeks to address social, economic, and medical
factors and consequences of epidemics.
However, in Ukraine, this policy is typically
implemented through the solution of narrow-
profile medical tasks.
The Role of Civil Society Organizations in State
Regulation for HIV/AIDS Prevention and
Control in Ukraine
Preventive measures in Ukraine have proven to
be ineffective, as evidenced by the rapid spread
of HIV infection in the country. It is therefore
crucial to enhance the effectiveness of HIV
epidemic prevention and control in Ukraine by
utilizing reliable scientific data and validated
program models to reach HIV-infected
individuals and those at high risk of infection.
To further develop conceptual approaches
towards the creation of a functional-
organizational model for the integration of
medical care for HIV-infected and AIDS patients
at the primary healthcare level in Ukraine, civil
society organizations must be involved in
providing this care. Data obtained from a cross-
sectoral expert group, comprised of 50
independent experts, was used to establish a list
of preventive and treatment organizational
measures for HIV prevention and control
(Krysko, 2015).
Mechanisms for regulatory and legal control for
HIV/AIDS-related medical aid provision at the
primary healthcare level and mechanisms for
coordinating specialized healthcare institutions
and primary medical and sanitary centers need to
be further developed. As we propose
incorporating civil society organizations as an
auxiliary component of medical care for
HIV/AIDS at the primary healthcare level, it is
necessary to regulate these issues at the
legislative level. This would ensure that such
interaction is not just theoretical, but practical
and legitimate (Yakobchuk, 2012). There may be
risks associated with integrating medical care for
HIV/AIDS at the primary healthcare level.
To overcome these risks, we propose involving
community organizations through educational
work, various district and local-level campaigns,
engaging international-level experts and
community organizations to improve the
normative-legal framework. We can also utilize
the experience of international organizations and
projects that have practical and successful
experience in preparing medical professionals to
provide medical services to those infected with
HIV, with the involvement of specialists from
community organizations who have experience
in training medical professionals. Such training
will not only expand the knowledge of primary
healthcare workers but also reduce stigmatization
towards those living with HIV and serve as
motivation for community organization
representatives to successfully interact with this
population.
The key idea in achieving the goal is the
consistent solution to the priority problem of
improving the efficiency of activities aimed at
reducing the spread of the HIV/AIDS epidemic
in Ukraine and increasing the accessibility and
quality of medical and social assistance to those
infected with HIV and those with AIDS. We aim
to involve general practitioners and family
doctors, as well as community organizations, in
the process through continuous comprehensive
information campaigns to inform the public
about the ways of transmitting HIV and
prevention of infection, forming a motivated
responsible attitude towards personal health,
promoting behavior that prevents transmission of
HIV with consideration of personal risk factors,
informing people about the available diagnostic
and treatment services and basic safe care for
those who are seriously ill, methods of
preventing mother-to-child transmission of HIV,
and ensuring the reproductive rights of
discordant couples to have a healthy child.
Additionally, there are plans to establish an
effective and accessible (both physically and
economically) system for providing services
related to HIV/AIDS. These measures involve
the distribution of responsibilities and tasks
between public organizations and medical
representatives, aimed at increasing the coverage
of the population and reducing the workload for
healthcare professionals through the involvement
of representatives of public organizations. This
will enable the establishment of effective work
with the general population (rather than just high-
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risk groups) and reduce the level of stigma and
discrimination towards HIV-positive individuals.
Furthermore, since public organizations are
currently mostly funded by international
organizations, such forms of government and
public interaction are economically
advantageous for the state (Fidria et al., 2020).
The proposed measures aim to prevent HIV
infection through the adoption of motivated safe
behavior by the population. The family is the
central element in the activities of family doctors
and public organizations. The proposed model
includes communicative measures of individual
and group nature, which are conducted by social
workers and psychologists of public
organizations with the support and participation
of family doctors, depending on the target group
category, the workload of the doctor, the
capabilities of public organizations, and
outpatient clinics. The target groups are divided
into healthy individuals, high-risk groups for
HIV infection, HIV-infected individuals and
their family members, volunteers in the fight
against HIV/AIDS epidemic, and others. Various
forms and means of public communication
regarding this problem are used in this approach.
Taking into account the experience of
community organizations in conducting
preventative work with at-risk populations and
establishing contact, this will enable healthcare
professionals to focus solely on medical issues.
By establishing contact with hard-to-reach at-risk
groups, such as injection drug users, men who
have sex with men, and sex workers, HIV
infection and transmission can be prevented,
opportunistic illnesses can be identified early,
and patients can be included in a dispensary
register.
The problems that need to be addressed in
integrating HIV/AIDS medical care into primary
healthcare with the involvement of community
organizations are as follows:
1) Legislatively defining the transfer of
medical care to people living with HIV to the
primary healthcare level, including
establishing a mechanism for transferring
data on cases of HIV infection to general
practitioners and family doctors,
determining the payment of medical
personnel in primary healthcare for
providing medical care to people living with
HIV, making changes to the equipment list
of family clinics to include medical supplies
necessary for providing medical care to
people living with HIV, examining the
population at their request and with
individual protection means, and prescribing
a legislative mechanism for integrating
community organization services within the
framework of HIV services at the primary
healthcare level;
2) Conducting calculations of the necessary
levels of funding for primary healthcare by
administrative territories and regions, taking
into account the prevalence of HIV infection
and the presence of community
organizations that will depend on the level of
HIV infection and determining sources of
financing;
3) Develop and implement a system for the
diploma preparation of general practitioners,
family doctors, and family nurses. To
achieve this, it is necessary to prepare
educators from medical educational
institutions and representatives from civil
society organizations working in the
territories of Ukraine. Additionally,
instructional and methodological support
must be prepared.
4) Implement a short-term training system for
working general practitioners, family
doctors, and family nurses on medical,
social, and psychological assistance in
HIV/AIDS at the primary level, as well as
the peculiarities of state-civil cooperation
through training centers. This requires the
preparation of national and regional trainers;
5) Upgrade family clinics with necessary
medical equipment and facilities, as well as
provide accommodations for representatives
of civil society organizations, who will be
working there on a permanent basis;
6) Develop communication programs for the
population depending on the target groups of
communication impact. Continuous
communication must be carried out at all
levels of management. Moreover, medical
practitioners at the primary level and civil
society organizations should be provided
with methodological and informational
materials.
Therefore, community organizations play a
crucial role in preventing HIV infection and
ensuring that people living with HIV receive
proper medical care. Legislative recognition of
the value of community organizations and their
integration into the healthcare system is essential
for the effective management of the HIV
epidemic.
The priority problem is to reduce the spread of
the HIV/AIDS epidemic in Ukraine and improve
medical care for those infected. This involves
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increasing awareness among general
practitioners and community organizations.
Research has shown that collaborating among
governmental, international, and non-
governmental organizations has a significant
impact on public health. Finding additional
mechanisms for such collaboration, particularly
for drug addiction and difficult life
circumstances, is necessary. Regional
peculiarities should be considered while
implementing healthcare policies to prevent
socially dangerous diseases. This will contribute
to improving public health and promoting socio-
economic development of the region.
Interaction of the State with the Population in
Combating HIV/AIDS
The interaction between state and population in
the field of HIV/AIDS prevention is a crucial
issue in modern public administration. The
participation of citizens in governance processes
at all levels, from local to national, and at all
stages of decision-making, from preparation to
implementation, is vital to improving the
effectiveness of governmental functions as a
whole. Therefore, the determination of
mechanisms for interaction between authorities
and the public, as well as ways to enhance them,
is an urgent problem in contemporary science of
public administration.
The problems of combating the spread of
HIV/AIDS in Ukraine have long gone beyond the
medical sector and become the subject of state
management practice. The cornerstone of the
national policy on HIV/AIDS epidemic and the
intersectoral approach to addressing issues
related to its consequences is the normative-legal
framework in the field of HIV/AIDS prevention
in Ukraine. The beginning of the creation of such
a framework can be traced back to 1987 when the
official registration of cases of HIV infection in
Ukraine started. The Constitution of Ukraine is
the primary basis for the legislation in this area,
as it proclaims the equality of constitutional
rights and freedoms of Ukrainian citizens
(Sergiienko et al., 2021; Cherneha et al., 2020)
and prohibits privileges or restrictions based on
gender, among other characteristics (Article 24).
Article 49 of the Constitution of Ukraine declares
the right to health protection, medical care,
medical insurance and establishes the obligation
of the state to create conditions for effective and
accessible medical services for all citizens.
The development of most national European
structural-functional models of state-civil society
interaction in the field of HIV/AIDS prevention
primarily occurs in the direction of weakening
state functions and introducing new social
institutions that organize and manage HIV/AIDS
prevention activities (Figure 1).
Figure 1. Main features of modernization of models of state-civil society interaction in the field of
HIV/AIDS prevention
Source: compiled by the authors based on Salabai et al., 2018.
To improve the effectiveness of governmental
functions, the participation of citizens in
governance processes at all levels, from local to
national, and at all stages of decision-making,
from preparation to implementation, is vital.
Therefore, the determination of mechanisms for
interaction between authorities and the public, as
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well as ways to enhance them, is an urgent
problem in contemporary public administration.
Despite the expansion of HIV/AIDS prevention
programs in Ukraine, these programs are
primarily focused on national, regional, and city
(in major cities) levels. The main goal of
decentralization is to provide universal access to
care and support services, HIV treatment, and
opportunistic infections (OI) by utilizing
available resources to ensure program
sustainability. The implementation of
decentralization allows for the continuity of
services and provides access to services in the
nearest facility. Additionally, the implementation
of this model will:
Actively involve local communities and
people living with HIV (PLHIV) in
decision-making processes (planning
service delivery, procurement and
distribution of medicines, coordination with
non-governmental organizations, etc.).
Minimize stigmatization and discrimination
towards PLHIV in society.
Increase patient adherence to antiretroviral
therapy (ART) through the convenience and
comfort of the services provided.
Rationalize the utilization of available
resources (material, human, managerial,
etc.) for the speedy expansion of services at
all levels of service delivery.
In the field of HIV/AIDS prevention,
decentralization involves the transfer
(delegation) of significant authority and
resources to lower levels (regional, district, city).
As a result of this process, each level of
healthcare service delivery is capable of
independently determining the range and scope
of necessary interventions and services. Regional
institutions, if necessary, can develop new and
region-specific services, expand their spectrum,
monitor and evaluate them, identify and resolve
problems. As a result a centralized system can
avoid bureaucratic delays (Kuzin et al., 2020).
The shared responsibility of state-civil society
cooperation in the decentralized sphere enables
the adequate execution of measures for
combating HIV/AIDS on various levels, as well
as the provision of quality services. While the
provision of basic services for PLHIV concerns
lower levels, complex cases of treatment
(including opportunistic infections) and
complications related to receiving antiretroviral
therapy (ART) are offered at higher levels
through regional or national healthcare
institutions (Kuzin et al., 2020).
The Ministry of Health of Ukraine Order No. 102
"On the Functioning of Trust Offices" dated
25.02.2008 (registered by the Ministry of Justice
under No. 220/14911 dated 19.03.2008)
(Kvitashvili, 2019), along with corresponding
orders from regional healthcare management,
provides for the establishment of regional quality
assessment groups for HIV/AIDS medical care.
During the transitional period, these groups play
a significant role in the process of decentralizing
services.
Their main duties include:
Establishing cooperation between various
healthcare services and other government
and non-governmental organizations;
Developing a plan for decentralizing
services for at-risk groups;
Assessing the quality of medical care for
HIV-infected patients, tuberculosis patients
and other socially dangerous diseases at the
district/city level;
Organizing and conducting
seminars/trainings for medical professionals
at the district/city level;
Monitoring compliance with current clinical
protocols, WHO recommendations and
Ministry of Health of Ukraine
recommendations.
Unfortunately, organizers of general healthcare
networks, representatives of the primary
healthcare sector the sector where healthcare
for PLHIV is planned to be integrated
(decentralized), as well as civil society
organizations that could be key partners in
providing social services for PLHIV are not
included in these groups (Law of Ukraine
No. 3611-VI, 2012).
In our opinion, the directions of state-civil
society interaction have demonstrated their
imperfections in overcoming the HIV epidemic.
There is currently a need to reform and improve
these structures and functional models of state-
civil society interaction in the fight against
HIV/AIDS. In order to improve the structural-
functional model of state-civil society interaction
in the response to HIV/AIDS, the following steps
need to be taken:
Step 1. Perform the necessary collection and
familiarization with information regarding the
decentralization/integration or development of
medical and non-medical services in a particular
territory. This may include, but is not limited to:
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Strategic plans of the Ministry of Health of
Ukraine (Concepts of Medical Care
Provision, Concepts of Quality Management
in Medical Care, etc.), national strategic
documents related to the state's response to
the HIV epidemic (National Treatment
Strategies, current protocols and standards
for providing relevant care);
Demographic indicators and general health
indicators of the region's population
(attention should be paid to the number of
serviced patients, their age structure, and the
structure of morbidity among the
population);
Epidemiological trends in the prevalence of
HIV, HIV infection rates, mortality due to
HIV-related illnesses in the region;
Established indicators and goals for
healthcare, including targets for ensuring
general access to services related to HIV
infection (target values for indicators
regarding the recruitment of patients for
antiretroviral therapy, provision of services
for HIV infection prevention, plans for
expanding the availability of ARV therapy);
Data on the existing network of medical
facilities and non-governmental
organizations in the region (available
medical and preventive facilities, laboratory
departments, available human resources,
etc.);
A list of interested parties and their possible
interests in decentralization and service
expansion. This will provide an opportunity
to know how and when it is best to involve
interested parties in problem-solving
situations that may arise;
Opportunities and risks that may affect the
expansion of services related to HIV
infection.
Step 2. Stakeholders in the public-private
partnership for HIV/AIDS prevention should
clearly define local priorities and directions for
decentralization/integration or service delivery
development on a given territory. The main focus
at this stage should be on the following:
Determining the feasibility of
decentralization as the primary means of
ensuring universal access to services related
to HIV (including achieving target
indicators for ART patient enrollment,
providing services for HIV prevention, and
plans for expanding harm reduction services,
among others);
Identifying key priorities and critical issues
that may impede the provision of services. In
addition, developing a strategy to overcome
these challenges is necessary.
Step 3. Stakeholders in the public-private
partnership for HIV/AIDS prevention should
mobilize local health leadership and provide a
compelling rationale to engage other
stakeholders and implementers in achieving their
shared goal. To achieve this, specific regional
action plans should be developed. When
developing such plans, SWOT and SMART
methodologies should be used to guide the
process.
The strategy development process, as well as its
subsequent detailing in the form of strategic and
operational plans, should take place only after
conducting a preliminary strategic analysis that
covers the most significant external and internal
elements. The primary tools necessary for
conducting a strategic analysis are primarily
SWOT analysis, which represents a strategic
balance.
Step 4. The actors of state-civil interaction in the
area of HIV/AIDS prevention should develop an
annual work plan in collaboration with
stakeholders, which takes into account all
available resources. In addition, it is advisable to
develop a plan for personnel development.
General issues related to human resource
preparation can be addressed through mentoring
or regular visits to lower-level facilities by
experienced staff. A well-functioning audit
system plays a significant role in this matter,
allowing for an express evaluation of the quality
of assistance provided at the website level or
identifying certain gaps in the knowledge and
practices of employees.
Step 5. Incentivization. One of the most critical
functions of state-civil actors in the field of
HIV/AIDS prevention is the implementation of
clear staff incentivization procedures. This can
be achieved through:
Targeted training of physicians using local
budget funds at the postgraduate stage for
healthcare facilities.
Implementation of financial incentives.
Targeted training of physicians using district
budget funds at the postgraduate stage for
rural clinics and hospitals.
Reimbursement of travel expenses for local
transportation related to job duties, etc.
Step 6. Implementing an effective monitoring
and evaluation system, effective feedback
channels with healthcare workers, social
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workers, and civil society representatives, and
creating mechanisms for informational feedback
at all levels of healthcare provision are crucial.
The main components of this process include the
following:
A. The implementation of an auditing system
and mentorship/monitoring visits to lower-
level facilities to provide organizational and
methodological support and address current
management issues.
B. The implementation of a system for periodic
surveying of service users to identify key
gaps in the provision of assistance.
It should be noted that the basic principles of
integrated healthcare primarily include
comprehensive service provision that is
concentrated in one place; territorial convenience
for patients (Hutsaliuk et al., 2020a); and
consideration of gender specificity. The range of
services provided may vary; however, in any
case, it should cover problems associated with
HIV/AIDS, drug addiction, and other socially
dangerous diseases. The patient-centric approach
and flexibility in the list of services offered
according to changes in these needs are also
important factors in the strategy.
Information support for state-civil interaction in
the field of HIV/AIDS prevention is carried out
at two levels (Law No. 531/97-VR, 1997):
1. Internal communication level. At this level,
a communicative environment is formed
between all actors of state-civil cooperation,
and their coordination takes place. This level
encompasses all partners of cooperation:
government bodies, local self-government
bodies, civil society institutions, health care
system facilities, advisory bodies of
government bodies, and international
organizations working in the investigated
area.
2. The external level involves establishing
cooperation with the media as the most
effective tool for shaping public opinion,
informational work with the population in
general and target groups in particular.
The main vectors of the transition from the
existing model to the perspective one are:
From stationary to outpatient care;
From specialized to general care;
From the volume of medical services to their
quality;
From an increase in the number of
physicians to the quality of their work;
From treating diseases to their prevention
(Law No. 531/97-VR, 1997).
At the present stage of healthcare system
development, the quality of medical care is
considered the main objective function and, at
the same time, a criterion for the effectiveness of
the healthcare system at all levels from
healthcare facilities to the Ministry of Health of
Ukraine. Ensuring the quality of medical care is
considered the basis of national health policies in
most countries (Hutsaliuk et al., 2020b). Many
countries have adopted and implemented
programs to ensure the quality of medical care.
The effectiveness and clarity of the functioning
of all aspects of public-private partnership in the
field of HIV/AIDS can only be achieved through
coordinated interaction. Therefore, the governing
bodies of healthcare at both the state and
territorial levels, medical associations,
educational institutions, healthcare providers,
and service organizations should be guided by a
unified strategy and conceptual approaches to
improving the quality of services at all levels.
Conclusions
The analysis of the state policy and legal
provision of socially hazardous diseases in
Ukraine, with a particular focus on HIV/AIDS,
reveals several key issues. Firstly, there is a need
to enhance public awareness and education on
HIV/AIDS to reduce stigma and discrimination
against people living with HIV/AIDS. Secondly,
there should be greater emphasis on the
development and implementation of
comprehensive, patient-centred care models that
address the complex needs of people with
HIV/AIDS. Thirdly, there is a need for more
effective legal and regulatory frameworks that
better protect the rights of people living with
HIV/AIDS and prevent discrimination in various
settings. Finally, there is a need to strengthen the
role of bioethics in guiding policies and practices
related to HIV/AIDS and other socially
hazardous diseases in Ukraine. Overall, the
findings of this study highlight the need for a
multi-disciplinary approach that draws on the
expertise and input of stakeholders from the
medical, legal, and bioethical fields to address
the challenges facing the healthcare system in
Ukraine in relation to HIV/AIDS and other
socially hazardous diseases.
From the scientific perspective, this research
provides a comprehensive analysis of the policy
and legal frameworks related to HIV/AIDS in
Ukraine, which can serve as a valuable reference
Volume 12 - Issue 65
/ May 2023
285
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for future studies in the field of public health,
healthcare policy, and bioethics. In particular, the
multifaceted approach of this study, which
examines HIV/AIDS from medical, legal, and
bioethical angles, provides a more nuanced
understanding of the complex issues surrounding
this socially hazardous disease.
From a practical standpoint, this research has
significant implications for improving the
policies and practices related to HIV/AIDS in
Ukraine. The findings of this study suggest the
need for reforms in the current legal and
healthcare systems to develop more patient-
centred care models that can provide
comprehensive support for people living with
HIV/AIDS in Ukraine. Moreover, the study
emphasizes the importance of enhancing public
awareness and reducing stigma associated with
HIV/AIDS to improve the quality of life for
affected individuals.
This study can serve as a foundation for future
research on the policy and legal provision of
other socially hazardous diseases in Ukraine or in
other countries. Specifically, it can inform the
development and implementation of evidence-
based policies that enable a patient-centred
approach to care. Furthermore, the study's
bioethical perspective can promote a more
ethical approach to healthcare that respects the
rights and dignity of patients with socially
hazardous diseases. This study's findings can
facilitate advancements in healthcare policies
that improve the quality of care for patients with
socially hazardous diseases.
In summary, our research has important
implications for advancing the knowledge and
understanding of HIV/AIDS policies and
practices in Ukraine, as well as for informing
future policy and practice decisions related to
socially hazardous diseases more broadly.
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