LEGAL COMPETENCE AS A NECESSARY COMPONENT OF PROFESSIONAL COMPETENCE OF THE FUTURE MEDICAL WORKERS

. The article examines the relevance of the formation of legal competence of future medical workers as a component of professional competence. The analysis of de(cid:190) nitions of legal competence and its structural components in modern psychological and pedagogical literature is carried out. A description of the professional competence of future doctors is given and its components are singled out. Results of the research showed that the legal competence of the future medical workers is considered in modern psychological and pedagogical literature as an integrative professional and personal qualitative characteristic of the subject of professional medical activity, which consists in theoretical-legal readiness and practical ability to perform professional medical activities and solve legal issues in the (cid:190) eld of health care in accordance with the legislation. There such distinguished components of the legal competence: motivational, cognitive, active, as well as can be distinguished re(cid:191) exive-evaluative and acmeological components. The article emphasizes the need to introduce into educational process the academic disciplines, which would ensure the acquisition of legal knowledge; legal disciplines taught in the institutions of higher medical education should be professionally oriented and stay in connection with special disciplines. It was determined that тhe application of legal situational tasks in the educational process, which at the same time stimulate integrative thinking of students based on the knowledge of the materials of the disciplines studied earlier is one of the most effective means of formation of the legal competence of the future medical worker, and provide problematic professionally oriented study of legal aspects of professional activity. The author focuses attention on the importance of learning the norms of professional ethics for the development of the legal competence of future specialists in the (cid:190) eld of health care. It is noted that the development of legal competence of future medical workers should be based on understanding and awareness of general cultural and professional values as the norm of professional relations; should be ensured by systematic study of legal knowledge and norms, methods of law-abiding behavior and interaction; should be ensured by formation of stable legal beliefs, development of legal activity and responsibility.

Introduction.European integration of Ukraine involves the reform of Ukrainian higher education.Education has to turn into an effective lever of the knowledge economy, an innovative environment, in which students get skills and abilities to master by themselves with knowledge during the life and apply this knowledge in practical activity.For this purpose, a new system of values and goals of education, which is based on the ideas of competence and personally oriented approaches, emerged and began to be discussed and implemented in the institutions of higher education.Such change of accents "… involves considering the student not as an object that gets knowledge and acquires a system of abilities and skills, but as an independent subject of vocational training, capable of self-improvement taking into account personal motives, interests, skills and personal contents" [3].That is today one of the most important tasks of high school, in particular higher medical education, is growing of the meaning of professional competence of future specialist.
It is ought to remember that we can call a doctor a competent specialist only when, along with professional knowledge, he has perfect knowledge in other areas, in particular in the eld of legal regulation of medical activity.It is legal awareness and training that will enable medical workers to perform their professional duties in a high-quality, as well as protect and defend their interests.However, higher vocational education faces a dif cult task: "…not only to give students some amount of legal knowledge, but also to form their legal consciousness, which would be imbued with respect for law, faith in law, understanding of the need for the clear implementation of laws, in particular the observance of human rights in the eld of health care and training of medical worker, who will be able in future to develop medicine and, at the same time, will be a real conscious citizen of ones state" [6, p. 65].Therefore, within this study, we will try to consider the problem of forming the legal competence of medical students as a component of their professional competence.
The aim -to provide a description of the professional competence of future medical workers, to determine the relevance of the formation of legal competence and conduct an analysis of the de nitions of legal competence and its structural components in modern psychological and pedagogical literature.
Due to interpretation of the Organization for Economic Cooperation and Development (OECD) соmpetence -a capability successfully answer for needs or successfully perform the tasks [15, p. 4].One of the world's leading professional organizations -Chartered Institute of Personnel and Development (CIPD) with its headquarters in Great Britaininterprets competence as a concept, which covers apparent performance results as well as behavioural input resources, and can be related to the system or set of minimal standards necessary for effective performance of work [16].The Law of Ukraine "On Higher Education" explains competence as "…a dynamic combination of knowledge, abilities and КОМПЕТЕНТНІСНИЙ ПІДХІД У ВИЩІЙ МЕДИЧНІЙ ОСВІТІ practical skills, ways of thinking, professional, world view and civic qualities, moral and ethical values, which determines a person's ability to successfully carry out professional and further educational activities and is the result of study at a certain level of higher education" [11].
Investigating professional competence, most scientists understand it as the combination of ability and readiness of individual for professional activities.In particular, H. Ball interprets it as the possession of the system of knowledge, abilities and skills, enough for successful solution of the range of work tasks that corresponds to the current and expected functional duties of the employee in the near future [1, p. 21].At the same time, many scientists stress the fact that professional competence -is not only the capability to perform labor functions, but the ability to achieve high results in a certain professional activity.That is, competence is the ability of an individual to perform professional activities at the highest level of mastery.
Examining professional competence from the point of view of system approach, it contains not only knowledge and abilities, but also motives of activities of specialist, the style of his relationships with people, general culture, ability for development of creative potential, professionally important qualities of personality.That is vocational study must include, in addition to acquiring skills and abilities, the formation of spiritual qualities and attitudes that allow the future specialist to move to an active independent professional role.
I. Radziievska, studying professional competence of future medical specialists, got the conclusion that it is "…an integrative multicomponent phenomenon, indicator of professionalism and mastery of medical worker.In its structure the invariant component is knowledge as a basic medical education, on the basis of which the professional competence is being formed.Also professional competence of future medical specialist, rstly, is being formed on the basis of practical activities.That is performing of practical abilities and skills brought to automatism" [12, p. 7].
Having analysed the mentioned above approaches for identifying professional competence and having de ned rationality and expediency of each of them, we conclude that professional competence is, rst of all, an integrative notion, it is situated, opened for changes and is some orient, which helps acting more adequately in a constantly changing situation.In addition, mostly all the mentioned approaches boil down to the fact that the concept of «professional competence» re ects the unity of the theoretical and practical readiness of a specialist to carry out professional activities and describes his professionalism.
Thus, professional competence of future medical worker seems possible to be interpreted as integrative description, which is identi ed with a set of professional and personal qualities, is the combination of theoretical knowledge, practical abilities and skills necessary for a successful solving of different levels complexity professional tasks, with applying modern technologies and methods, as well as socio moral orientations for future doctor.Professional competence is an important factor that allows a graduate to adequately integrate into the social space and, engaging in activities of a certain type, direct his in uence on the surrounding natural and social environment and various social relations.
Speci cation of the concept of professional competence of any specialist, not depending on the eld of his professional activities, involves de ning the criteria of professional competence, namely: -readiness for professionally personal development, attitude to the manifestation of competence (motivational-valuable aspect of activity); -possession of knowledge of the content of competence (cognitive aspect); -experience of demonstrating competence in professional activities (activity aspect); -self-assessment of the process and result of the manifestation of competence (re exive aspect).
These criteria of professional competence allow combining knowledge (cognitive), skill (activity), personal (motivational-valuable) and effective (reflexive) components of activity into a single whole and thereby con rm the integrative nature of professional competence of future specialists.
In modern investigations, the formation of professional competence of future specialists is imagined precisely as a process of holistic development of individual -the subject of professional activities.An important role in that process plays university training.However, as practice shows, only self-organization, self-control, ability for continuous self-education and self-improvement allow to medical student become really competent in own profession.Recent years most scientists stress that any specialist nowadays, and even more so in the near future, is doomed to constant replenishment, renewing own abilities and skills.The dynamics of changing professional competences is constantly growing.That means that until the end of study in the institution of higher education a part of ISSN 1681-2751.МЕДИЧНА ОСВІТА.2023.№ 1 КОМПЕТЕНТНІСНИЙ ПІДХІД У ВИЩІЙ МЕДИЧНІЙ ОСВІТІ knowledge that student receives, hopelessly aging.According to such circumstances, readiness for a continuous self-education and self-development is the most important condition for supporting professional competitiveness.
So medical students should be clearly aware that the level of professional competence depends on their own skills and on the ability to use real possibilities.The process of formation of professional competence has a more complicated course for those students who lack the need for self-realization.Paying attention on that, it can be assumed that the specialist lacks the necessary personal qualities (even having the provided by educational standards knowledge, abilities and skills) is unlikely to be able to count on success in professional activities.
There is not always, unfortunately, the impulse for study, creativity, development of abilities and competencies in students' priority.Therefore, at present stage of development of higher medical education the responsibility for the formation of motivation to study lies with the members of the teaching staff.For the purpose to change priorities in the system of valuable orientations of students, it is necessary to create and establish strategically important attitudes towards cooperation, work capacity, and the development of creative activity, which can be re ected in the form of the introduction of relevant innovations into the educational process.Thus, I. Horbachevsky Ternopil National Medical University a rating system was implemented, which, on the one hand, is a tool for providing feedback and developing transparency of the results of intermediate and nal educational activities of students, and on the other -such rating system activates the growth of healthy competition among students, which accordingly motivates them to study.
So, nowadays it is impossible prepare students qualitatively without creating appropriate conditions for their independent acquisition and realization of knowledge.The teacher's task within the Bologna process is not giving knowledge to students in a ready form, but creating motivation, forming complex of individual study abilities.Cooperation of teacher with a student involves the ability of the teacher to dose and direct the independent activity of students in order to activate their cognitive activity as the basis of personal attitude and development.
To implement everything mentioned above in practice, the teacher needs: -to promote the interest of each student in the work of the group with the help of a clear motivational attitude; -to use various forms and methods of organization of educational activity, oriented to the concrete student; -to stimulate students to express themselves, use different ways of solving situational problems without fear of being punished for the wrong answer; -to create during the class such pedagogical situations, which give the opportunity to every student to show initiative, independence, support the student's desire to nd his own way of working, to analyse and evaluate the work of others; -to use various types of cognitive activity, as well as motivational, content-operational and volitional components of students' cognitive independence.
That is why teacher, realizing the competence approach, has to organize educational work such that students would aware of and would be able to single out a problem independently, determine the purpose of studying this or that issue, independently formulate tasks, solve them, applying the knowledge gained in practice.In addition, the teacher must ensure the readiness of the graduate to nd solutions to the main professional tasks in really created situations.
In the process of researching the problem of formation of professional competence of specialists, it is impossible not to notice that today in the eld of education the position of the subjective importance of a person stands out most clearly, the meaning of which is the disclosure of individual internal potential, development reserves, personal experience and active activity opportunities.That is now the results of higher education -are not separate knowledge, abilities and skills, but the capability and readiness of a person for effective and productive activities in different socially important situations.So, as it seems, professional competence of specialist with higher education implies: -understanding the system nature of professional problem; -the capability to assimilate and develop innovative technologies in system integration; -mastering the knowledge and new technologies in own subject eld and related elds; -the ability to fast study, to learn new things, to continuous self-development and self-improvement, to professionalism; -the pro ciency to make correct and responsible decisions; -the constant development and improvement of main components of the professional competence; -the capability to realize own creative potential (knowledge, abilities, experience, business and personal qualities) in the productive professional activities.

КОМПЕТЕНТНІСНИЙ ПІДХІД У ВИЩІЙ МЕДИЧНІЙ ОСВІТІ
Analysing the professional competence as a system, dynamic characteristic of personality (a set of capabilities, knowledge, abilities, skills, professional and personal qualities) that allows to carry out professional activities at a high level, we state that it has a rather complex structure, in which it is possible to single out certain components and elements (competencies), from which the competence model is formed.It is ought to mention that the competence model of specialist has a exible structure and can combine in itself different elements (knowledge, abilities, skills, professional and personal qualities) depending on a certain specialization.
In our previous studies, we concluded that the components of professional components of future medical worker contain the following: social-personal competence; organizational-managerial; special competence; information-technological; spiritualmoral competence; legal competence [5, p. 112-113].In this work, we would like to pay attention to such a component of professional competence of future specialist of the health care eld as "legal competence", in particular to reveal the essence and structure of that concept, as well as highlight the need to distinguish its legal components in the structure of professional competence of the future medical worker.
The necessity of forming the legal competence of future doctors is evidenced by both global and domestic juridical and medical practices, which prove that the quality and effectiveness of medical and diagnostic assistance to the population, the real provision of the rights and legitimate interests of citizens in the eld of health care directly depend on the legal culture of medical workers.In addition, the acquisition of medico-legal knowledge by specialists in the medical eld leads to a decrease in cases of improper provision of medical care and, accordingly, the number of prosecutions of medical workers to legal responsibility.A special meaning it gets for of cials, the management of health care institutions and organizations, which is due to the higher requirements at the current stage of the state's development for the professional level of management personnel of the health care system.It is also obvious that effective reform and further development of the health care system is impossible without the study of the fundamental legal framework and the application of modern legal knowledge and skills by experts in the eld.
Due to the Law of Ukraine "On Higher Education", one of the main task of the institution of higher education is formation of personality, in particular, through the legal education.Nowadays legal education is not necessary important component of general training of doctor.Thus, in issue № 78 "Health care" of the Handbook of quali cation characteristics of workers' professions, approved by Order № 117 of the Ministry of Health of Ukraine dated March 29, 2002, it is determined that a doctor must know "… the fundamentals of the current legislation on the health care and regulatory, legal acts, which regulate the activities of management bodies and health care institutions; basics of law in medicine; rights, duties and responsibilities of the doctor…" As we can see, the task of formation of the legal competence of medical workers is at the level of state and is an actual professionally signi cant task.
The importance and timeliness of the study of the problem of formation of the legal competence of students of higher medical education is also due to the presence of a number of contradictions: between the requirements of society for the future medical worker with a high level of the legal competence and traditional approaches of the system of vocational training in higher institution of medical education, oriented to the general imaginations about law without it adaptation to the health care eld; between the doctor's need to orientate in the legislation and mechanisms of its implementation in speci c professional specialization and insuf cient use of professionalization opportunities in the process of legal training of future medical workers in the institutions of higher education; between the necessity of increasing the quality of formation of legal professional competence of future doctor and the imperfection of the available educational and methodical support for teaching legal disciplines in the higher institutions of medical education.
There is a number of scienti c works in modern psychological and pedagogical science devoted to the study of essence of the legal competence, its structure and speci cs in the vocational education of non-legal students (pedagogue students, engineering students, medical students, economist students, etc.).
Ya. Kichuk mentions in the dissertation, devoted to the specialists of social and pedagogical field, that legal competence of specialist -an integrative personally professional quality, which is formed and manifested only in activity -social and legal tasks, which are solved by him from the point of view of the subject, acting as the goals of the activity.Being legally competent, the subject of professional activity effectively achieves its goals, showing mobility, orientation, critical thinking.It has been proved, due КОМПЕТЕНТНІСНИЙ ПІДХІД У ВИЩІЙ МЕДИЧНІЙ ОСВІТІ to Ya. Kichuk, that "legal competence… has got a dynamic nature, that is in the process of professional activities that personally professional quality is formed, developed, improved" [8, p. 359].
I. Romanova determines the legal competence as a complex description of social action, in which knowledge, skills, values, personal attitudes and freedom of behaviour are revealed in unity [13, p. 30].
According to D. Kovalenko, the legal competence is an integrative quality of specialist's personality that describes his capability to effective implementation of law in own practical activity; it is a complex of professional and legal knowledge, abilities, as well as ways of performing all types of legal actions during the professional activities [9, p. 199].Similar is the opinion of I. Khmil, who interprets the legal competence as an integral quality of personality that is manifested in the acceptance of legal values, readiness and ability to apply legal knowledge, skills in professional activities [14, p. 38].
I. Ohorodniichuk explored the formation of the legal competence during the vocational training of engineers.Among the characteristic features of the legal competence, she refers the system of professional and legal knowledge of current legislation; awareness of the essence of law and the mechanisms of its action; the ability to think in terms of legal categories; it is appropriate to use the acquired legal knowledge in professional activities, to achieve an effective result in a regulatory and legal way [10, p. 120].
А. Budas [2,p. 13] interprets the legal competence of students of economic specialities as a set of qualities that re ect the level of quali cation of economic specialist, the level of his legal knowledge, abilities, skills, conscious perception of socio-legal experience and the capability to effectively implement them in their practical activities in the economic sphere.
Legal competence of the subject of professional activities consists not only in the observance of speci c juridical laws in the eld of professional activity, but also in the ability to take active actions in the eld of implementation of law and legal regulation, is connected with the realization of the need of society in the formation of the foundations of legal culture.The analysis of scienti c works on the essence and structure of the legal competence in the vocational education of medical students shows that the unity of the positions of a number of researchers is manifested in the understanding the legal competence as an integrative professional and personal qualitative characteristic of a medical student as a subject of professional medical activities.Legal competence contains theoretical and legal readiness and practical ability to perform medical activities and solve legal issues in the health care eld in accordance with the legislation.Scholars single out the following main components in the structure of the legal competence: motivational (valuable-motivational, valuable -meaningful), cognitive (content, content-legal), active (functional-active, organizational-active, organizational-technological).Some authors think necessary to single out re exiveevaluative (resultative-criterial, personal) component, as well as acmeological component in the structure of the legal competence.
In works devoted to the legal competence of medical students is mentioned that the motivational component of the legal competence re ects the medical worker's acceptance of legal values, the formation of motives for learning the legal principles of regulating social relations, the presence of a personal attitude to the legality of professional medical activities; includes the level of evaluation and attitude towards the law, presence of positive or negative attitude towards legal knowledge, as a result of which, based on interest, a personal belief in the value of legal norms is formed, respect for the law, skills of lawful behaviour are developed.The cognitive component of the legal competence of a subject of professional medical activities is a complex of scienti c, theoretical and practical knowledge about the rights of patients and medical workers, their duties, ways of protecting rights, etc.The cognitive component contains systematic, holistic assimilation of knowledge of a regulatory, legal and procedural nature, necessary and suf cient for the implementation of legitimate professional medical activities.The active component of the legal competence in vocational education of medical students characterizes the capability and readiness of person to apply legal knowledge in practice for a solution of professional tasks and participation in legal relations based on legal norms; to carry out socially active lawful behaviour in the eld of professional medical activity; orient activities in the eld of health care to legal norms and values.The reflexive-evaluative component of the legal competence involves the independence of legal decisions and evaluations during interaction with other subjects within the scope of professional medical activities, the ability of critical thinking, evaluate and correct one's own activity from the standpoint of legal norms, associated with the development of personal qualities of subjects of professional medical activities КОМПЕТЕНТНІСНИЙ ПІДХІД У ВИЩІЙ МЕДИЧНІЙ ОСВІТІ (perception of legal information, communication skills, etc.).The acmeological component of the legal competence involves knowledge of the criteria and factors of movement to the tops of professionalism within the limits of legal norms, knowledge of the ways and regularities of achieving excellence in individual professional activity.
Thus, in modern studies on the essence and structure of legal competence in the vocational education of students of the institutions of higher medical education, the concept of legal competence is understood as an integrative professional and personal qualitative characteristic of the subject of professional medical activities, which includes theoretical and legal readiness and practical ability to perform professional medical activity and resolution of legal issues in the eld of health care in accordance with legislation.There such distinguished components of the legal competence: motivational, cognitive, active, as well as can be distinguished reflexive-evaluative and acmeological components.
Due to the importance of formation of the legal competence for the future specialists of medical eld, it is necessary to introduce into educational process the academic disciplines, which would ensure the acquisition of legal knowledge.An important role in the process of increasing legal awareness of students of I. Hor bachevsky Ternopil National Medical University is assigned to such legal disciplines: "Law", "Legal Aspects in Dentistry", "Legal Status of Subjects of Medical Relations", "Legal Aspects of Professional Activity", "Forensic Medicine.Medical Law of Ukraine", etc.However, in order for medical university students to be interested in acquiring legal knowledge, it is necessary that it seems signi cant to them, in particular for their future professional activities.Therefore, legal disciplines taught in the institutions of higher medical education should be professionally oriented and stay in connection with special disciplines.Interdisciplinary integration takes on considerable importancepurposeful strengthening of interdisciplinary relations while preserving the theoretical and practical integrity of academic disciplines.
Analyzing pedagogical scienti c literature and taking into account pedagogical experience, we can state that interdisciplinary integration in the process of formation of the legal competence of future specialists of medical eld involves: increasing motivation to study legal disciplines, facilitates students' understanding of legal phenomena and processes; forming abilities to attract knowledge from various educational disciplines to obtain new knowledge, orientation to their practical application; forming a holistic scienti c picture of the world; effective work of teachers with students and provides space for both the creativity of the teacher and the creativity of the student.
The application of legal situational tasks in the educational process, which at the same time stimulate integrative thinking of students based on the knowledge of the materials of the disciplines studied earlier is one of the most effective means of formation of the legal competence of the future medical worker [4, p. 158], and provide problematic professionally oriented study of legal aspects of professional activity.The effectiveness of the professional and problem situations is achieved by solutions that form both a real and a perspective vision of a legal problem.Such approach ensures the continuous development of the legal competence of medical students in both educational and future professional activities.
Important position in developing the legal competence of the future specialist of health care eld takes also acquisition of norms of professional ethics that is being considered as a scientific direction, which studies manifestations of morals and principles of professional ethics in the eld of medical activity, patterns of behaviour and relationships in the "doctorpatient" system, ensures the essence of the regulations and norms of medical activities outlined in the form of the Doctor's Code of Ethics [7].Therefore, the development of the legal competence of the future medical workers should be based on understanding and awareness of general cultural and professional values as the norm of professional relations; ensure systematic study of legal knowledge and norms, methods of law-abiding behaviour and interaction; formation of stable legal opinions, development of legal activity and responsibility.
Conclusions and Prospects for Research.Constant socio-economic changes in the state, reforming the health care sector, growing interest in human rights in the eld of health care, introduction of new medical technologies, increasing demands of the population for the quality of medical care, the need to build a relationship between a doctor and a patient based on compliance rights and interests of the last one make it necessary to distinguish its legal component in the structure of the professional competence of the future medical worker.Results of the research showed that the legal competence of the future medical workers is considered in modern psychological and pedagogical literature as an integrative professional and personal qualitative characteristic of the subject of professional medical activity, which consists in theoretical-legal readiness and practical ability to perform professional medical activities and solve legal issues in the eld of health care in accordance with the legislation.
The analysed aspect strengthens the role of cognition of the person's legal status, on the one hand: individual (one's civil rights and freedoms); medical community (rights and duties); patients (protection of patient's rights).On the other hand -it determines the creation of the legal space of an educational organization as a system of legal support, which provides for students to achieve the necessary level of legal motivation and activity, legal education and culture, legal upbringing, legal behaviour and interaction.
The further work in that direction we see in the development of methods of formation of the legal competence of future specialists of medical eld.