Law. Human. Environment (Nov 2023)
Participation of local self-government bodies in licensing of individual entrepreneurial activities in the healthcare sector
Abstract
Political process management in the healthcare sector is one of the main factors influencing the economic, social, and cultural development of a country, its international prestige and competitiveness in the world, and requires constant development in search of new ways, mechanisms, and methods of improvement. The study aims to reveal and deepen the scientific, theoretical, and methodological foundations of licensing, and their role in the organisation of local self-government in terms of implementing the State policy in the healthcare sector. The object and subject of the study were selected using the dialectical method substantiating its purpose and objectives; the methods of analysis and generalisation were used to provide the necessary justifications for defining the essence and content of the State healthcare policy, clarifying the competence of public authorities and local self-government bodies about compliance with healthcare requirements, considering the powers of public authorities and local self-government bodies in the field of public healthcare, and considering the focus and specific features of the State healthcare policy in the field of healthcare. The problem of the issue has been studied and conceptual directions for its solution have been built by filling the relevant gaps in the legislative framework. Several Laws of Ukraine and resolutions of the Cabinet of Ministers of Ukraine regulating the management of the political process in the healthcare sector are analysed. The tendency of changes in legislation to ensure proper control over the quality of healthcare services is revealed. The author identifies several restrictions in the list of bodies authorised to issue relevant licences for individual entrepreneurial activity in the healthcare sector. The author outlines the structure of the system of regulatory management on the issue of exercising the constitutional right of citizens to independent individual economic activity. The author proves that licensing is a necessary instrument of state control over the quality of medical services and patient safety. The author proposes to grant representative local self-government bodies the right to consider and make decisions at their meetings on issuing or refusing licensing documents in the field of economic activity related to healthcare. Based on the results of the study, the author identified gaps in the current legislation of Ukraine relating to public health protection and formulated relevant recommendations for its improvement
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