Aspekti Publìčnogo Upravlìnnâ (Nov 2018)
Analysis of regulatory and legal framework for regulation of the sphere of provision of medical services in Ukraine
Abstract
The article analyzes the basic legal acts which regulate the sphere of medical services provision from the point of view of their relevance to the strategic principles of reforming the medical sector in Ukraine as a sphere of providing quality medical services. Attention is paid to the fact that they have a general discrepancy between the social significance of the healthcare industry, as well as the constitutional status of the right to health protection, and the unjustified low level of theoretical substantiation of the branch legal regime in the field of healthcare. The necessity of further substantiation of the independence of medical law, which should be formed in a separate branch, is emphasized. The perspective directions of conceptual modernization of the field of medical regulation in Ukraine in the part of strengthening its social orientation are determined. The emphasis is on the main directions of the reform in the sphere of provision of medical services in the framework of the Strategy of sustainable development ‘Ukraine – 2020, which should ensure its long term development on the basis of orientation to the quality of services, their economic feasibility and social orientation. The financial-economic component of the state management in the health care is singled out and its importance under the current conditions is emphasized. It was shown that it manifests itself not only in the financial provision of health care activities, its institutions, but also in the development and implementation of measures to control compliance with the rule of law by the subjects of the medical market. Insufficient financing of the industry coupled with instability and inadequacy of public administration and legal regulation of the system. These are the main causes of the problems in the development of the domestic health care system. The size of the guaranteed level of medical care to the population with avoiding the shadow payment of medical care also requires defining. Priority of the resolution of the primary tasks of the healthcare system puts the problem of developing recommendations on improving the organizational forms of industry management and the mechanism of legal provision of its progressive development to the problem of public administration, which is the article directed to.
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