You can't use a non-form element anyway if you want screen readers in Forms Mode to list them.
What you would hear in JAWS is just the individual check/radios and their respective labels.
I've struggled with this for a long time. Currently, I'm doing this:
(sometimes a legend if it's short)
<label>Is oxygen essential to human life on earth?</label>
<label for="oxyyes"><input type="radio" name="oxygen" id="oxyyes" value="ja"></label>
<label for="oxyno"><input tpye="radio" name="oxygen" id="oxyno" value="nee"></label>
An unnamed unaffiliated label will at least get read out. The problem with legends is sometimes the question needs to visually match up with all the others (who are likely labels) and legends simply can't be positioned correctly (nor styled well) cross-browser. Esp Firefox : ( I hate that browser when it comes to forms and tables.
Another option is, again only if it's short, use a legend who's set off-screen (so still read out) and then a <p> for the sighted visitors.
<legend>Is oxygen essential to human life on Earth?</legend>
<p>Is oxygen essential to human life on earth?</p>
Usually the question is too long for legend though : ( JAWS for instance will read out the whole dang thing for each and every question inside an inner/nested fieldset.
In which case you may still have an inner fieldset for those questions, but you'll still have something like an unnamed label for the full question.
<label for="machtiging">Indien dit wordt gedaan met een ART-Slot, wat is het type?</label>